Loading...
HomeMy WebLinkAbout1995 01-23 CCP Regular Session CITY COUNCIL AGENDA • CITY OF BROOKLYN CENTER JANUARY 23, 1995, 7 p.m. 1. Call to Order J� I 2. Roll Call E F ti 3. Opening Ceremonies 4 Council Re ' . port � f 5. Presentation a. Employee Service Recognition Program:'= ° This is the 16th annual presentation by the City Council of service awards to City employees to recognize years of service to the City. 6. Approval of Agenda and Consent Agenda ; r -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. January 4, 1995 - Special Session A l r . January 9, 1995 - Regular Session' "' b. Resolution Amending the 1994 General Fund Budget to, Increase Appropriations for Various Operating Departments C. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1990 -10, Contract 1993 -D, 69th Avenue Construction ' y Phase III d. Resolution Establishing Parking Restrictions on Shingle Creek Parkway Between I -94 and 69th Avenue North (MSAP 109 - 109 -28) e. Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment to Herbst & Sons Construction Co., Inc. for Demolition of 6451 and 6505 Brooklyn Boulevard (Being a Part of J Improvement Project No. 1993 -18 P CITY COUNCIL AGENDA January 23, 1995 L Resolution Expressing Recognition and Appreciation of Margaret Knutson for Her Dedicated Public Service on the Park and Recreation Commission g. Resolution Expressing Recognition and Appreciation of Agatha Eckman for 711 Her Dedicated Public Service on the Human Rights and Resources T Commission j W h.t Resolution Expressing Recognition and Appreciation of Daniel Reiva, for His Dedicated Public Service on the Human Rights and Resources Commission,,, 1. Resolution Expressing Recognition and Appreciation of Neal Nelson for His Dedicated Public Service on the Housing Commission j.' Resolution Expressing Recognition and Appreciation of Viola Kanatz for Her q Dedicated Public Service on the Financial Commission,,­'; k. Resolution Expressing Recognition and Appreciation of Betty Engdahl for Her Dedicated Public Service on the Earle Brown Neighborhood Housing Advisory Committee 1. Resolution Expressing Recognition and Appreciation of June Scofield for Her Dedicated Public Service on the Earle Brown Neighborhood Housing Advisory Committee m. Resolution Expressing Recognition of Deane A. Lejoyarn for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool n. Resolution Amending Resolution Nos. 91-153, 92-127 & 93-191 Regarding the Brooklyn Center Ad Hoc Communications Task Force Which Enables Task Force to Appoint Its Own Chair and Vice Chair o. Resolution Approving Specifications and Authorizing Advertisement for Bids for the Purchase of One (1) Disc-Type Brush Chipper p. Resolution Authorizing the Purchase of One (1) Three-Quarter Ton Cargo Van q. Resolution Authorizing the Purchase of One (1) One-Ton Chassis Truck for the Sign Shop r. Resolution Authorizing the Purchase of One (1) Dump, Truck Cab and Chassis S. Resolution Authorizing the Purchase of One (1) Air Compressor, Air, Knife and Accessories C CITY COUNCIL AGENDA -3- January 23, 1995 • t. Licenses 7. Open Forum , 8. Planning Commission Items a. Planning Commission Application No.'' 95001 submitted by Tharaldson Development. Request' for 'pecial use permit and site and building plan approval for a three story, 64 unit Comfort Inn Hotel at 1600 James Circle. This application was recommended by„ the Planning Commission at its January 12, 1995, meeting. r - 9. Council Consideration Items a. Presentation by Maxfield Research Group, Inc. Regarding the Retail Potential at 69th Avenue North and Brooklyn Boulevard b. Mayoral Appointments: 1. Housing Commission (2 vacancies)., 2. Human Rights and Resources Commission 3 vacancies -j 3. Park and Recreation Commission 1"vacan t.� , 4. Planning Commission 1 vacancy) 5. Northwest Hennepin Human Services Advisory Commission (1 vacancy) 6. Earle Brown Neighborhood Housing Advisory Committee (3 vacancies) " " C. Administrative Hearing Regarding the Delinquent Utility Bills of the Timber `P Ridge Apartments _ = ;. __ _ _ d. Building Code Appeal by David and Leslie Andresen, 6821 Perry Avenue North e. Adopt City ouncil Handbook ° tY f. Resolution Expressing Recognition and Appreciation of Jerry Pedlar for His Dedicated Public Service as Councilmember g. Resolution Expressing Recognition and Appreciation of Philip ,Cohen for His Dedicated Public Service as Councilmember h. Resolution Amending the 1995 General Fund Budget and the Central Garage Budget and Authorizing the Purchase of Five (5) Squad Cars ,, i ' i. Items Removed from the Consent Agenda y- jj _ 10. Adjournment r �, e _ . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR CERTAIN DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. A hearing shall be held on the 27th day of February, 1995 in the Council Chambers at City Hall at approximately 7 p.m. to pass upon the proposed assessments for certain Delinquent Public Utility Service Accounts 2. The City Clerk with the assistance of the Director of Public Services shall forthwith prepare an assessment roll for the above charges, and shall keep it on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment roll not less than two weeks prior to the hearing. 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. CITY OF B *,LYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL DELINQUENT PUBLIC UTILITIES 95 MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. AMOUNT NO. Legal Description Mailing Address 36- 119 -21 -24 -0046 $13,951.50 89625 6507 Camden Ave. N. Brighton II Limited Ptnr. Lincoln Centre - Suite 1550 Minneapolis, MN 55402 I i I i i • CITY OF BROOKLYN CENTER ANNUAL EMPLOYEE RECOGNITION NIGHT CITY COUNCIL CHAMBERS 7:00 P.M. JANUARY 23, 1995 • • CITY OF BROOKLYN CENTER ANNUAL EMPLOYEE RECOGNITION NIGHT JANUARY 23, 1995 Tonight is the sixteenth annual presentation by the City Council of service awards to City employees to recognize years of service to the City. Recognition is to be given tonight to those employees who have observed the anniversary of twenty, twenty -five, or thirty years of full -time employment with the City. The awards are a part of a service recognition program approved by the City Council in 1979. Eight persons, who are listed below, will receive awards this evening. EMPLOYEES WITH TWENTY FIVE YEARS OF SERVICE ALBERT J. HARTMANN Engineering Technician III June 30, 1969 KATHY FLESHER Recreation Program Supervisor August 25, 1969 • ARNIE MAVIS Recreation Director October 6, 1969 JOHN BENTZEN Parks Maintenance January 5, 1970 CITY OF BROOKLYN CENTER • ANNUAL EMPLOYEE RECOGNITION NIGHT JANUARY 23, 1995 EMPLOYEES WITH TWENTY YEARS OF SERVICE ORLANDER M. NELSON Parks Maintenance May 20, 1974 DAVID L. PETERSON Public Works Superintendent September 16, 1974 JEAN C. DORWEILER Public Safety Dispatcher November 25, 1974 MELVIN C. LARSON Streets Maintenance • December 23, 1974 The employees recognized this evening are representative of all City employees who serve their City well. LISTING OF ACTIVE CITY EMPLOYEES WITH TWENTY OR MORE • YEARS OF SERVICE AS OF JANUARY 23, 1995 THIRTY -FIVE OR MORE YEARS OF SERVICE ROBERT CAHLANDER, Supervisor of Streets and Parks (39) THIRTY OF MORE YEARS OF SERVICE GARY GIVING, Engineering Technician III (31) TWENTY-FIVE OR MORE YEARS OF SERVICE SCOTT KLINE, Police Captain (28) ERLAND SHELLY, Police Officer (27) GREGORY WEEKS, Police Sergeant (26) AL HARTMANN, Engineering Technician III (25) KATHY FLESHER, Recreation Program Supervisor (25) ARNIE MAVIS, Director of Recreation (25) JOHN BENTZEN, Parks Maintenance (25) TWENTY OR MORE YEARS OF SERVICE RON PEARSON, Public Safety Dispatcher (24) LARRY HANSEN, Street Maintenance (24) RICHARD FRYER, Police Officer (23) JOEL DOWNER, Police Captain (22) STEPHEN McCOMB, Police Sergeant (22) ROBERT DIRKS, Police Officer (21) JOHN PTAK, Police Sergeant (21) RONALD A. WARREN II, Planning & Zoning Specialist (21) ORLANDER "OLE" NELSON, Parks Maintenance (20) DAVID L. PETERSON, Public Works Superintendent (20) JEAN C. DORWEILER, Public Safety Dispatcher (20) MELVIN C. LARSON, Streets Maintenance (20) Camcil Meeting Date January 23, 1995 31 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: City Council Minutes January 4, 1995 - Special Session January 9, 1995 - Regular Session Department Approval: 4. L" -- 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 ) January 4, 1995 - Special Barb Kalligher was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. January 9, 1995 - Regular Session All Councilmembers were present. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION JANUARY 4, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by N,fx;or Myrna Kragness at 7:05 p.m. ROLL A L Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present were City Manager Oerald Splinter, Director of Public Services Diane Specto Fin 1l s . c D irector Char •e H an sen , City Attorney Charlie LeFevere, Deputrr City Clerk Sharon Knutson, and Council Secretary Barb Cullman. Councilmember Barb Kalligher was excused from tonight's meeting. ANN OUNCES ENTS The City Manager anneuzecd there Is a need for a one - hour executive session of the Council in order to discuss a possible settlement in the Earle Brown Commons case. it was decided the Council would meet Monday, January 9,199-5, at 5 p.m. The City Manager updated the Council on the first part of the criminal case of the former owners of Timberridge, the trial of Nicholas Forrette. Mr. Forrette pled guilty on seven coon a and was >enttinced with a S4,M line and 25 days in jail which may be suspended pending good behavior, Thc second part of the, action, against Mr. Grossman, will be on Friday. r DISCUSSION OF SELECTION OF PRE SIDING OFFICERS The City Manager explained the office of Mayor pro tem is historically rotated by peer election. Following that appointment, the next senior muncilmember is automatically assi, ed the office of Acting Mayor pro tem. If there is a tie, the o ffice is granted to the councilmember who had received the most electoral votes. The City Manager noted these appointments need not be made at this meeting but will be part of an upc=ing Council agenda. There was a discussion by Council. It was decided Councilmcmher, Mann would most likely be assigned the duties of Mayor Pro Tern, pending the receipt of Councilmerrber K.alligner�s opinion. 1/4/95 - 1 - DISCUSSION OF COUNCIL LIAISON APPOMMENTS The City lrianager explained councilmembers are assigned to be ex- officio members of several of the City's commissions. These assignments are made according to expressed interest by the councilmembers. He suggested the councilmembers make Mayor Kragness aware of their interests before the item appears on the agenda at the January 9, 1995 Council meeting. Councilmember Mann noted she would like to remain a member of the Park and Recreation Commission. She also noted Councilmember Kalligher may prefer to remain on the Housing Commission. Mayor Kragness commented the Housing Commission had expressed concern about the attendance of a councilmember at its meetings. Councilmember Carmody volunteered to replace Councilmember Kalligher on the Housing Commission if Councilmember Kalligher agrees. Councilmember Hilstrom noted the Financial Commission had suggested the Council assign another councilmember to serve as alternate in addition to the regular member of the Commission. The City Manager stated there 4foes not need to be an alternate assigned formally. Rather, any councilmember is free to attend a Commission meeting. Councilmembers should feel comfortable asking one another to substitute for them on commissions when necessary. Mayor Kragness stated it is important for a member of the Council to be at all commission meetings� She add ed attendance at the mea etings will contnoLte - to the councilmembers becomLng acclimated more quickly. Councilniember Carmody commented the councilmembers will gain perspective to sit in on C i fferent commission meetings. councilmember Elstrom said she would be wiling to serve on any of the commissions. Mayor Kragness said she would recommend Councilmernber Carmody for the Financial Commission, and Councilmember Hilstrom for the Human Rights and Resources Commissio DISCUSSION OF COMA {iSSIQN MriiBER .APPO IN - TMEN' The City Manager stated nQdces have been sent to current commission members asking their interest in reappointment. He r=mmended the Council, at its next meeting, approve all siring commission members with the possible exception of any having attendance problems. He also suggested new applications for openings to the commissions be considered at the following Council meeting. 1/4195 -2- Councilmember Hilstrom stated all sitting members of the Planning Commission wish to be rcconsidercd for reappointment, Councilmember Mann commented some of the commissions have had difficulty reaching a quorum at many meetings, The City Manager agreed this has been a problem, especially with the Human Rights and Resources Commission. Letters have been sent in an effort to address the problem. Mayor Kragness stated the problem of attendance at commission meetings must be controlled. A commission member should resign if unable to fulfill the duties. The City Manager noted usually the councilmember assigned to a commission becomes involved when there is an attendance problem. He added Staff is still receiving feedback on whether the commission members wish to be reappointed. Councilmember Hilstrom asked whether attendance records are kept on commission meetings. The City, "Manager responded affirmatively. Councilme niber Hilstrom suggested the attendance records be considered when reappointment decisions are made. Mayor Kragness agreed such consideration is important. The City Manager explained the irnmediate issue is to make the "easy" reapp of those who do desire reappointment rid meet the qualifications before the; become nervous and worried due to waifing. Nfavor Kraz ess indicated the issue of commission member reappointments should be placed on the next agenda. The Deputy Ciry Clerk stated the practice- has been a person cannot serve on two commissions. Cauncilmember Carmody asked whether policy could be changed to allow councilmembers, as well as the mayor, to make com.- nission appointments. i ne CAA Manager said Staff would investigate th° question, but he felt the City Charter may dictate the practice, Fie noted tr Deputy City Clerk has a tracking system fur ciLizens interested in sitting on a commission. He also explained sending out public notices for commission members is not sufficient to obtain the necessary balances for each commission. Councilmembeis may need to seek out Ganstitue :nts who would fit into a c.-rtain commission, especially to meet gender, race, aria' g-agraphic balance. v REVIEW CITY CO(7NCIL HANDBOOK The City Manager referred to a draft of u new handbook provided in the Council packet. The handbook has been compiled recently from several sources. The City Manager reviewed those items in the handbook which differ from existing practice. Page five contains a change in the Order of Business. All consent agenda items are grouped together at the point of agenda approval, which is early in the agenda. If an item is removed from the consent agenda, it is added to an item near the end of the agenda titled "Items Removed from the Consent Agenda," which is part of "Council Consideration Items." The topic "Public Hearing" on page six also contains new procedures. The City Manager reviewed the section "Comments by concerned persons." Councilmember Hilstrom asked how a time limit on a statement would be enforced. The City Manager said discussion would be necessary in that area because it would be difficult to administer. The City Manager commented he supports thf, change of all who wish to spear being allowed to speak once before anyone is allowed to speak a second time. He mcnLioned some procedures used by other cities. In some cities, all those who wish to speak in favor of a project speak first, followed by those who wish to oppose the project. The City Manager felt a citizen might be intimidated =n this kind of a situation. A balanced environment may be more appropriate, The City Manager also suggested a policy whereby once a public hearing is closed it remains closed and no further public comments are allowed unless the hearing is formally reopcncd. Another change incorporated in the handbook is on page nine, "Motion to Fix Hour of Adjournment." Other cities have adopted the policy of adjourning at 10:30 or 11 p.m. Having a defined cut -off time may aid in maintraning a quicker pace during the meeting. Mayor Kragness asked whether, under a cut-off policy, a discussion could be continued to the next Council rneeting. The City Manager s id that is allowable. Councilr ember Carmodv added the Council could vote to extend the meeting beyond the cut -off time, The City Manager affirmed this, adding the Council could set an e..maordiaaq majority (four-fifts) or a unanimous vote as the; requirement. Councihnember Mann supported the change to adopt a cut -off time. She stated tiredness is a factor in long meetings and iC would be advantageous to know ahead of time when a meeting would end. I14r�5 - A - The City Manager suggested the Council consider the idea. If desired, a proposal to adopt the policy could be brought to the Council at the January 23, 1995, meeting. The Council should determine whether they do want to adopt the change, what time would be set as cut- off, and whether an extraordinary or a unanimous majority should be used to extend the cut- off. The mayor and councilmembers agreed they would prefer an extraordinary majority to extend the adjournment hour. Councilmember Hilstrom asked Mayor Kragness how she wished to be addressed in Council meetings. The City Manager noted usually "Your Honor" is the term used. It was agreed by the Mayor and Councilmembers to use "Your Honor" when addressing Mayor Kragness. Councilmember Mann indicated she was in favor of the handbook. She asked whether the handbook would also be used by future councils, The City Manager said the handbook, if adopted, would be used in the future. He offered to provide three -ring binders to be used for the handbook and other papers. Most papers are distnT)uted pre - punched, with the exception of outside reports. Mayor Kragness indicated she would like the binder. The other Councilmembers stated they already used such binders. Councilmember Mann commented the City Charter does not address the issue of parliamentary procedure. She asked whether Rnberts' Rules c_f order should be desiunuwd- The City Manager said the notes in the handbook draft basically follow Roberts' Rules of rd .r, but he would add language designating that procedure if the Council wished. T ne Council agreed to have Roberts' Rules of ( )rder listed in the handbook as the official parliamentary pr=dure to be followed. Councilmember Mann mentioned the Council a year ago designated an official City newspaper, She inquired if, now that Northwest New is in existence, the designation should be reconsidered. Tile City Manager said the Northwest News has just begun to publish weekly. It must publish weekly for 52 we; ks and meet other requirements before it may be designated t-he official City newspaper, 1/4x'95 - 5 Couneilmember Mann inquired whether the Minneapolis Star Tn`bunc should be considered for the designation of City newspaper. The City Manager stated the local newspapers are quite a bit more inexpensive than the Minneapolis Star Tribune The City Manager reviewed, in general terms, the remainder of the handbook. The City Manager urged the Council to feel free to contact the City Attorney or the City Manager on any questions they may have. Councilmember Mann referred to the topic "Purchasing and Letting Contract" on page 17 of the handbook She questioned the item did not state whether bids are oral or written. The City Manager stated the handbook listing is a summary of the actual policy, which would be quite lengthy to include in the handbook. Counciimember Mann asked to be provided with a copy of the complete policy. The Finance Director agreed to provide the policy and noted it needs revisions to be brought into compliance with a new Statc Iaw. The City Manager recommended the revision be handled through the Financial Commission, but stated the policy will be discussed at the next Council work session. The City Manager reviewed the roles of the EDA and HRA.. He noted the HRA continues to be in e.Xistence because of outstanding bonds sold under it and certain features of Statutes relating to property tax le�jes. The use of the different bodies relates to what actions need to be taken. BAND ISSUE STATUS REPORT The Director of Public Services upd4tcd the Council on the proposed tax referendurn. She referred them to a summary memo provided. The capital improvement projects which would be the basis for a bond issue are: Police DepartmentiCity Hall Community Center, Fire Stations, and Parks. Since it is important to gauge the support a bond issue would have early in the process, the 1994 City Council had authorized the hiring of a consultant to conduct a phone survey. The survey has not yet been conducted. Prior to the survey, the listing of "wants" needs to be reduced so the survey can address a reasonable number of issues effectively. If the City Council wishes to proceed with a Spring 1995 bond issue, the issues must be defined quickly so the process can continue to move forward. The Director of Public Sen reviewed an outline of the entire bond issue procedure, which would take approximately six months. The Finance Director stated the financial segmem of the procedure will take an additional appro. eight weeks. 1 /4ip5 - 6 - The Director of Public Services commented a building project would probably not begin until the middle of 1996 given the current status of the project. The City Manager mentioned citizen groups, which are very necessary, would be involved at a fairly early point in the procedure. Also, Bill Morns of Decision Resources, Ltd. has a very good track record on bond issues and would be helpful throughout the process. Councilmember Hilstrom questioned whether the City's "Image" campaign might be intermingled with the bond issue campaign. The City Manager said there is opportunity to coordinate the two campaigns. Involvement of the chairs of the various commissions will facilitate such a combination. The City Manager stated the step is to consider whether the project list needs to be reduced and then, most likely, to eliminate some items from the list. Councilmember Mann commented it would be impossible for the City to compete with health club businesses; however, there is a need for a centrally located, larger activity center. 5hc asked whether the answer might be to expand the present facility. The City Manager said there has been a proposal presented to retain the current activity center but correct it to be handicapped accessible, etc. He said a rough estimate could bc; prepared on an expansion. He noted the current facility is short on office space and activity rooms. Mayor hragness agreed an expansion of the existing building makes sense. Councilmember Mann mentioned some residents would like the center to include a gymnasium, but she did not feel the idea was realistic. The City Manager said the swimming pool is an asset but costs $300,000 over the revenue from thl e community center. The City anticipated this in advance. Some residents may propose closing the swimming pool in order to use the space for the police department. he urged the Councilmembers to expect the option to be presented and to be prepared with their opinions. He added Staff will try to notify the Councilmembers of anticipated arguments so they can prepare the;nscl' es on the issues. He also asked the Councilmembers to communicate their thinking on these issues to the Staff. Councilmember Hilstrom asked whether the City is considering adding "fee" activities. Councilmcmber ;1�i= said this is being considered. The City Manager discussed the Senior programs. He noted many seniors prefer to not have the programs called "Senior." The Council needs to be flexible and think of senior programs in terms of interest 1=t er than age. 'The Cir; Manager said he would "cost out" the operations and programming, l;'4J9� - 7 - The Director of Public Services commented over the long term some improvements may pay for themselves. Councilmember Hilstrom stated the recreation opportunities are not valuable unless residents are able to afford to participate in them. The Director of Public Services discussed the list page of the Bond Issue Status Report memo, which includes the recommendations of the Park and Recreation Commission. The Director of Public Services suggested options of preparing the list according to financial packages, etc. She asked for direction from the Council. Councilmember Mann recommended having the residents see the list and paring it down. The City Manager suggested Staff do some preliminary cutting of the list for a starting point. Mayor Kragness and Councilmember Mann agreed that would be helpful. The City Manager noted Staff will be discussing the capital improvement projects on January 24, 1995, with tlhe RiverNood Associ Thai: meeting will be the first trial of the Park and Recreation Commission's recommendations and will allow Staff to begin to know the community's interest. The City Manager counselled the Council there may be a U -turn at some point due to survey results and adjustments will be needed. The Council should be flcxul)ie, but it is necessary to start somewhere now, The Finance Director mentioned the phone sun will provide feedback from residents on the amount of money they are willing to spend for the improvements. At this point, lie would estimate the bond is4ue might be set at eight to ten million dollars. However, the list of improvements, as it stands, is probably worth twenty million dollars. Priorities must be made and a line must be drawn in order to pare down the list. Mayor Kragness inquired whether Staff does research into available funding. The City Manager confirmed it does. The City Manager repeated Staff would prepare a new listing to be used informally for farther work. Mayer Kragness agreed, and asked that the list include dollar a1nounts. The Finance Director said much work must be done in order to be sure of estimates of Costs. - rile City Attorney reminded the Council the City cannot spend tax dollars on the refer endum campaign. Citizen groups must do the campai 114/95 - 8 - The City Manager stated the City can distribute f actual information, but citizen groups will be necessary to provide influential materials. The City Manager said h w ould p rovide the Council with a time se quence in addition to . g al e o p e q the list. REVIEW OF JANUARY 9 1995 CITY COUNCIL AGENDA The City Manager referred to the agenda provided in the packets. He doted the printed agenda incorporates the changes dictated by the new handbook if it were to be adopted. The City Manager explained the items on the consent agenda will be scrolled on the television screen. The consent agenda items are now grouped together in order for residents to understand the proceedings. The City Manager expressed a desire to combine all three agendas (City Council, EDA, and HRA) into one document for easier understanding. The City Manager urged Councilmembers to call him whenever they have questions about the history of items on an agenda. REVIEW OF DATA PRIVACY AND OPEN ME TING LAW REQUIREMENTS City Attorney L,-Fevere reviewed guidelines and likely pitfalls for eouncilmembers for the new members of the City Council. A q The new ethics law mandates that councilmembers do not accept gifts of any kind. This includes � is of money, personal property, real property. The law is designed to pre vent individuals from being influenced for favorable treatment. There is no minimum value placed in the law, so accepting even a $.50 cup of coffee would be unlawful. The City Attorney noted the law is somewhat confusing :Lor Staff, but is very clear for the Council. These is no sentence for the offense except, of course, that resulting from public opinion. The City Attorney continued that if a councilmember is invited to lunch she should pay for it and then submit a voucher for reimbursement from the City. In some instances, such as professional meetings, the charges can be billed back to the City. Gifts to the City are allowed. He warned the Councilmembers to be careful and to call the City Manager, the Assistant City Manager, or him if any questions arise. The City Attorney addressed two types of conflict of interest questions. The first, illegal contract, refers to financial interest. The interest of a spouse is included in the law. in these instances, abstaining on a vote is not adequate. The EDA rules may be looser than the Council requirements. The second type of conflict of interest is common law, which refers to divided loyalty. It applies to non - contract situations and an answer is to abstain from the vote. Councilmembers can judge an issue falls into this category if it is direct, personal, financial gain wb.ich is not shared w ith the public at lame. 1;419$ - 9 - Public response is also to be considered when concerned about conflict of interest. Council members will have community affiliations due to being members of the community. Cnuncilmemhers cannot be forced into voting. if a councilmember should feel pressured, she should abstain, However, a councilmember has been placed in a position of responsibility and should not withdraw over concern about public opinion if she feels capable p tY 1' r 1? e of voting fairly. A councilmember should only abstain when she, herself, feels a conflict of interest, The City Attorney offered to speak out in reference to the law during Council meetings if called to do so. He also suggested councilmembers call him for consultation. The City Manager cautioned Staff will be candid at the Council table, It would be prudent for a councilmember to consult the City Attorney or other Staff ahead of time to discuss and argue the issue rather than be surprised by an answer at the table. The private questions may be preferable to the public questions. In addition, by asking the question ahead of time there is opportunity for Staff to present other options to accomplish the goal. If information is gathered ahead of time, a councilmember can participate more effectively. The City Attorney noted the Data Pr q complex. lexactices Act is quite . All government data which is collected or stored is covered by the Act. In regard to persons, data is either public, confidential, or private. The Assistant City Manager has experience in this area of the law and has been designated. as the resource person on the Staff in this area. All questions should be referred to the Assistant City Manager who will either answer them or consult with the City Attorney. The City Manager mentioned notices of action should be destroyed after reading for the councilmembers' protection, Regarding the Open lSeeting law, the City Attorney explained all meetings of the City Council mtLst be open to the public with a few limited exceptions. Anytime a quorum of the City Council (three) is present, there is an official meeting unless it is a chance social gathering and if City business is not being discussed. An open meeting requires a posted notice, open doors, and a copy of the agenda materials available in the Council chambers. Councilmembers should look to Staff for guidance on the issue of open meetings. The City Attorney noted closed meernos are optional when regarding labor organizations, g g personnel, or litigation. A closed meeting can oniy be called by a majority of the Council settin the meeting for a future time, In a few cases, a closed meeting is required. Those cases are: when the meeting regards domestic or criminal abuse, an internal affairs investigation, or preliminary charges against an employee. The City Attoney reviewed the penalties of violations of the open meeting law. The penalties include tines, forfeiture of office, and attorney fees. Violations of the Open Meeting law include holding a closed meeting, a quorum meeting without calling an official 1/4/95 meeting, and sometimes meeting without a quorum (only two councilmembers). It is unlawful for a councilmember to meet one -on -one in an organized, serial fashion with each of the other members to discuss City business in order to avoid public debate. Arranging votes, getting commitments, or engineering public debate are unlawful. Councilmembers should not discuss how other members will vote. The City Manager cannot be used as a go between by his meeting with each councilmember. It is permissible for councilmembers to lobby each other, to discuss issues, and to meet one- on-one as long as it is not a serial system of meetings. If the purpose of the meeting is to cut off public discussion of a topic and avert an open meeting, it is illegal. Councilmeinbers should feel free to question the City Attorney on the fne points of this law. The City Manager added there can be no exchange of votes. The timing of the discussion is important, as well. Councilmembers should be aware of the dangers but not be paranoid about them, ADJOURNMENT The Brooklyn Center City Council was adjourned by Mayor Kragness at 9:35 p.m. Deputy City Clerk Myrna Kragness, Mayor Recorded and transcribed by: r Barb Collman TimeSaver Off Site Secretarial 1l4;'95 - 1 - MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE CC)UNTY t OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 9, 1995 CITY MALL CALL Tn ORDER The 1994 Brooklyn Center City Council was called to order by Mayor Todd Paulson at 7:02 P.M, ROLL CAT L Mayor 'Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter and Director of Public Services Diane Spector. OPENING CEREMO IES A moment of silence was observed. APPROVAL OF MIN TIES C0uncilmen7be Mann requested Items 4b and 4d be removed from consent. DE EMBER - SPECIAL LFLSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of the December 14, 1994, special session as printed. The motion passed unanimously. DECEMBER 19. 1994 - REGULAR SESSIOIr Councilmember Mann noted in the 5th paragraph on page 21 the credit for commendation should go to Councilmember Scott, not Councilmember Mann, Councilmember Rosene recuested the last paragraph on page 17 be changed to read as follows: "Councilmember Rosene commented he does not like to have to assess property owners. However, the property was benefitted at the R3 zoning class." There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the minutes of the December 19, 1994, regular session )vith the noted corrections, The motion passed unanimously_ DEC.E, o ERR 20 1994 - QM-CUTIVE SESSIO There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of the December 20, 1994, executive session as printed. The motion passed- Councilmember Kalligher abstained, 1/9/95 -1- U�CEMBER 20 1994 - SPF AT SES ION Councilmember Mann said the motion should read as follows: '"There was a motion to Councilmember Mann and seconded by Councilmember Rosene to approve the 199 t Mana a� contract for the Ci $ and further, to authorize the Mayor and City Manager to approve such agreement, and the 1996 City Manager contract will be negotiated with the Mayor and City CounciI." There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of the Dwember 20, 1994, special session with the noted correction. The motion passed. Councilmember Kalligher abstained. R CJSINE OF 1?24 CITY N I M ayor Paulson inquired if there was an other business for the 1994 City Council. There being none, he gave an overview of the differences that have been made in Brooklyn Cent during his term in office. He expressed his thanks and appreciation tc� City Stafiy and he emphasized that people can make a difference, Councilmember Scott expressed appreciation and thanks to the City Staff and citizens for a lot of good years. AD N 1994 CITY COUNCIL There was a motion by Councilmember Rosen(, and seconded by Councilmember Scott to adjourn the 1594 City Council. The motion passed unanimously. The 1994 City Council adjourned at 7:15 p.m. There was short recess of the City Council. 91s)MINISTER CEREIVIONIAL OATH OF O FFICE, The Deputy City Clerk administered the oath of office to Myrna Kragness, Debra Hilstrom, and Kathleen Carmody. CAL TO ORI7LR 1995 CITY COLINCII The 1995 City council met in regular session and was called to order by Mayor Myrna Kragness at 7:32 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kristen Mann, Barb Kalligher, Debra Hilstrom, and Kathleen Carmody. Also present were C it y Manager Ge r ald Splinter, Public Works Director of Public Services Diane Spector, Finance Director Charlie Hansen, Director of Community Development Brad Hoffman, and City Attorney Charlie LeFeverc. C N IL REPORT No Council reports were given. 1/9!95 - 2 - PPR VAL F A INDA AND CON NT A END Councilmember Mann requested the removal of Items 11a4 11b, 1lh, 11i, and 11k from the consent agenda. She also asked an item 13m be added regarding discussion of funding for the community band. • There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the January 9, 1995, agenda and consent agenda as printed. The motion passed unanimously. RE OL TION RESOLUTION NQ 95 tit Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESULU'r ION NO 5-02 Member I1arb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RE LUTI N 0.95 - Mcmbcr Babb Kallighcr introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT To THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST R MIS; - 'SE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. R SOL?'I( N NO 95-04 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -N, 69TH AVENUE LANDSCAPING, PHASE I The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 1/9/95 -3 RESOLUTION NO 95-05 Membcr Barg Kulligher introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION EOLOFF FOR HER DEDICATED PUBLIC SERVICE ON THE HU RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Munn, and the motion passed unanimously. RE_ SOLTITION NtJ 95 -06 Membor Barb Kallighur introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR FIRE DEPARTMENT BREATHING EQUIPMENT REPAIRS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, RESOLUTION NO 95-0? Membcr Bw—b Kallighcr introduced the following resolution and moved its adoption: RESOLUTION APPROVING SETTLEMENT AGREEMENT AND STIPULATION OF VALUE FOR ONE PROPERTY, IMPROVEMENT PROJECT No. 1993-18, MTC PARK AND RIDE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LIC ENSE There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the following list of licenses: BOWLINCT ALLEY Beacon Bowl 6525 Lyndale Ave. N. Earle Brown Bowl 6440 James Circle WRISTMAS TRE$ SALES LOT Malmborg's Inc. 5120 N. Lilac Drive GASOLINE SERVICE STATION_ Christy's Auto Service 5300 Dupont Ave. N. Davies Water Equipment Co. 4010 I.akebreeze Ave. N. Duke's Mobil 6501 Humboldt Ave. N. 119/95 -4- GASOLINE SEIZE S_ TATION �N'rIrTV Tic Howe Company 4821 Xerxes Ave. N. Macmillan Bloedel 48 10 N, Lilac Drive Neil's Conoco 1505 69th Ave. N, Northern States Power Co. 4501 68th Ave. N. Osseo - Brooklyn Bus Co. 4435 68th Ave. N. SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. N. Total 6830 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. Bill West's Service Center 2000 57th Ave. N. POO AND ILLIA C.D.L. 1317 Jefferson Hwy. N, Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. PUBLIC DANCE Earle Brown Bowl 6440 James Circle RENTAL WELLI IVY GS village properties Evergreen Park Manor John and Diane Stephens 3824 Burquest Lane Julia Paulson 5315 .Knox Ave. N. Jerry and Karen Fobbe 4811 Lakeview Ave. N. Howard and Harriet Oien 3606 58th Ave. N, Larry Pederson 5401 63rd Ave. N. TOBACCO RE TED PROD Country Store 3600 63rd Ave. N. Drug Emporium 5900 Shinglc Ck. Pkwy. Duke's Mobil 6501 Humboldt Ave, N. Earle Brown Bawl 6440 James Circ F & M Distributors 5951 Earle Brown Drive Neil's Conoco 1505 69th Ave. N. SuperAmerica 6545 West River Road SuperAmerica 1901 57th Ave. N. Target 6100 Shingle Ck. Pkwy. Total 6830 Brooklyn BIvd. Wes` Amoco 6044 Brooklyn Blvd. The motion passed unanimously. 1/9/95 -5- OPEN FORUM Mark Gladding, 7513 Fairfield Road, Brooklyn Park spoke as a representative of the Brooklyn Community Band. He stated the band has been in existence for 32 years, hie• asked the Council to reinstate funding for the band in 1995, in the amount of $2,250. The Brooklyn Center Park and Recreation Commission has given its approval on the issue, The amount $2,250 is one -third of the 1995 budget, which also includes one -third funding by Brooklyn Park and one -third self- funding (dues and fund- raising). Councilmember Kalligher asked some specifics regarding the band's budget, and also the involvement of Brooklyn Center residents in the band as opposed to residents of other communities. Councilmember Mann mentioned there had been discussions in previous years in regard to equipment ownership and its possible sale and break up of the band. Loy Switzer, 6839 Perry Avenue North, questioned the stop signs at the intersection of Perry and 71st Avenues North. The City Manager explained the signage was a compromise reached between the City Council and neighborhood residents, David and Leslie Andresen, 6821 Perry Avenue; North, requested the Council re- evaluate City Inspector's position regarding citing code cite violations in the construction of their home addition. The City Manager stated he would address their concerns in writing in approximately two weeks. COUNCIL `ONSIDERATION ITEMS RESOLUTION N Mcinbor Debra Hilstrom introduced the following resolution and moved its adoption: .RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TODD PAULSON FOR HIS DEDICATED PUBLIC SERVICE AS MAYOR AND COUNCILMEMBER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO 95-09 Member Bart) Kallighcr introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CELIA SCOTT FOR HER DEDICATED PUBLIC SERVICE AS COUNCILMEMBER. The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. 1/9195 -6- b R 2LUTI N NO 95 -10 Mayor Myrna Kragness introduced the following resolution and moved its adoption RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DAVE ROSENE FOR HIS DEDICATED PUBLIC SERVICE AS COUNCILMEMBER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mane and the motion p asse d unanimousl P us I Y• S E I CTION OF PT?rZCTT'%TNG OFFICERS There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to appoint Councilmember Mann as Mayor Pro Tern of the City Council. The motion passed. Councilmember Mann abstained. There was a unanimous decision to appoint Councilmember Kalligher as Acting Mayor Pro Tcni, DESIGNATION OF COUNCIL LIAISONS TO CITY ADVISORY COMMISSIONS Mayor Kragness nominated the following councilmembers for the City Advisory Commissions: Financial - Councilmember Carmody; Hoeg - courmcilmetnber Carmody Human Rights and Resources - Councilmember Hilstrom; Park and Recreation Councilmember Mann; Crime Prevention - Councilmember Mann; Drug Task Force - Councilmember Mann. Mayor Kragness nominated the following representatives: Association of Metropolitan Municipalities (AMM) Representative - Councilmember Hilstrom; North Metro Mayors Association Y NMMA R ( ) - Mayor Kragness; Lea of Minnesota Cities (LMC) Representative - Councilmember Kalligher, Following a short discussion, it was determined Councilmember Kalligher would be assigned to the Crime prevention Task Force and Drug Task Force and CounCilmcmber Carmody would be assigned to the Earle Brown Neighborhood Task Force, There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the nominations to the City Advisory Commissions. The motion passed unanimously. AL) HOC OM NIGATIONS TASK_ R E CHAIR AND VICE CHAIR APPOIlNTMENT PKUCEN_� There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to allow the ad hoc Communications Task Force to appoint its own chair an vice chair. The motion passed unanimously. The City Manager stated an amended resolution would be forthcoming. 1/9/95 - 7 _ MAY RAL R APP ME S OF CITY ADVISORY COMMISSIONERS Mffi . OSE "j E RMS HAVE 2 I EED� CAouncilmember Carmody noted she had been informed Vi Kanatz has resigned from the Financial Commission. Mayor Kragness requested reappointment of the following City Advisory Commissioners: Financial - Ned Storla; Housing - Ernie Erickson, Bob Torres; Human Rights and Resources - Sherry Maddox; Park and Recreation - Tom Shinnick; Planning - Bob Mickelson, Tim Willson, Dianne Reem, Mark Holmes. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to reappoint tlic City Advisory Commissioners as lister, The motion passed unanimously. MA CORAL APPOINTMENT OF COMMISSIONER TO THE SHINGLE CREEK WATER DIED AND 4YESI MIS I IPPI WATER HED - - SSION The Director of Public Services stated two applications Were received, from herself and Engineering Technician IV ,Dave Anderson. She recommended an appointment of herself as the commissioner and Mr. Anderson as the alternate. RESOLUTION NO 9g_11 Mcmbcr Barb Kallighur introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. SOLUTION NO 45 - Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSI The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, REPORT ON 1945 MICRO COMPUTER PURCHASES The City Manager noted Staff has re- evaluated this expenditure because there had been reports of flawed parts in the Pentium based micro computers Staff is now satisfied the purchase of the recommended computers will meet the City's neods and there will be adequate maintenance support. He recommended the purchase be approved, Councilmember Mann agreed the purchase had been aptly justified by the Ci Managomcnt Information Systems Coordinator. hg`s There was a motion by Councilmember Mann and seconded by Councilmember m Hilstro to approve the purchase of computer equipment as recommended in the 1995 budget. The motion passed unanimously. ANN AT . F RT PDnyq AD MNI S MA= T UCMMMI The Director of Public Services explained the Administrative Traffic Committee is composed of herself, the City Manager, and the police ChieL She explained the committee acts administratively on all traffic related complaints the City receives, ie. speed and sig nage. The committee can often address a concern immediately, which is preferable to a complaint being presented to the City Council, then referred to Staff and a report issued back to the City Council. The resident can also be provided helpful background information. Residents are pleased with timely answers and evidence of work by the Staff. In 1994, the committee reviewed 39 complaints, most involving clear view triangle violations. The City Manager mentioned the Committee's decisions are appealable to the Ci ty Council. There was a motion by Councilmember Kalli h r g e and seconded b Councilm to ap prove the Annual R Y ember Mann p the Adm inistrative Traffic �;q Tllltiltt ee ( 1994). . The motion passed unanimously. � ) RE'' LUTI N STIPULATING TO AMENL? ASSESSMENT AGREEMENT ON EAR LE 13 ROWN COMMONS The Director of Community Development stated the City attorneys have made a stipulation agreement on a lawsuit. He noted there are certain payments to be mad t the City, and certain conditions must be met before the agreement is executed, It is part of a bankruptcy court legal process. He also explained the agreement will reduce the minimum assessment to $4.1 al ly. million, normal sets a floor for the complex, and allows the property to then he handled RESOLUTIt?N IVO 95 -1 Member Burp Kalligher introduced the following resolution and moved its adoption: RESOLUTION STIPULATING TO AMEND ASSESSMENT AGREEMENT ON EARLE BROWN COMMONS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen C.armvdy, and the motion passed unanimQu$ly, i 1/9/95 _ 9- �ROCLA_MA'1'IONS There was a motion by Councilluember Kalligher and seconded by Councilmember Ma to approve the following proclamation: n PROCLAMATION DECLARING JANUARY 22, 1995, AS POW/MIA BROOKLYN CENTER DAY OF PRAYER The motion passed unanimously. There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to approve the following proclamation: PROCLAMATION DECLARING JANUARY 16, 1995, AS MARTIN LU'=R KING, JR. DAY The motion as p sed unanimously. RESQLU'I'ION NO 5-14 Mcmbcr Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KAT H-EEN CARMOD FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Them . motion for the adoption of the f s P fo regoing re g g . W lution was duly s econd ed Kalligher, and the motion passed. Councilmember Carmody abstained by member Barb RESQLUIIQN NO. 9 - Membor Barg Kulligher introduced the following resolution and moved its adop6an: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DEBRA HILSTROM FUZZ HER DEDICATED PUBLIC SERVICE ON THE PT.ANNING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Maim, and the motion passed. Councilmember Hilstrom abstained. RESOLUT ION NO. 95 - Councilmember Mahn iniquircd whether monies designated for the band issue would affect the debt limit. The Finance Director said it w ould not count against the Cit debt g ty t limit. Councilmember Mann asked what the procedure will be if the Council does not approve the package. The Director of Community ty evelopment stated if the deal does not materialize 1 - d 1 - • or the City Coun does not approve it, the resolution will be null and void. The package may be presented to the City Council at the end of February. • Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF BROOKLYN CENTER, MINNESOTA, TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY The motion for the adoption of the foregoing resolution was duly seconded by member Barb Y. hcr, and the motion passed unanimously. BRO OKLYN COMMUNITY BAtM DINQ REQUE It was noted the Park and Recreation C- mmission had determined the hand was worthy of funding from Brooklyn Center. In 1994, the City Council had denied funding because it desired to fund only youth activities. Later in 1994, the City Council authorized funding through the contingency fund but warned funding might not be offered in 1495. Mayor Kragness asked whether there might be alternative funding in the budget. The City Manager stated the only alternative funding would be the contingency fund. The Financial Commission has not, in the past, considered this a proper use of the Contingency fiord but the City Council has used it in this manner. Councilmember Mann stated she supported funding the band due to its value as goodwill ambassadors. She made a motion the band be funded through contingency funding for 1995 and there be a more - detailed consideration in 1996. Councilmember Kalligher recommended tabling; the item. She noted the City Council had announced 1994 would be the last year for funding. She felt there should be a study done on the equipment, history, etc. before further consideration, Councilmember Mann withdrew her earlier motion and requested the issue be referred to a Council work session. The City Manager stet -,d a report would be prepared. ApJOURNMENT There was a motio:- by Councilmember Kalliglz� r and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :24 p.m. Deputy City Clerk M ayor Recorded and transcribed bv: • Barb Collmail TimcSaver Off Sitc Secretarial 1/9195 Council Meeting Date I l /a 3 ) / 3 City of Bro o klyn Center Agenda Item Numbe Request For Council Consideration • Item Description: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS Department Approval: Charlie Hansen, Finance D'rec Manager's Review /Recommendation: ft� %✓ No comments to supplement this report Comments below /attached Recommended City Council Action: Passage of the attached resolution. Summary Explanation: (supporting documentation attached ) • The attached resolution adjusts the 1994 General Fund Budget so that no department exceeds its appropriation. This adjustment is necessary because of the eighteen month span of time between budget preparation and the conclusion of the budget year. In the case of most departments listed, it was a matter of costs being charged to departments in a different pattern than they were budgeted. In other cases, there simply were higher levels of activity than were anticipated and these costs are covered either by higher revenues or a transfer from the contingency appropriation. The Central Garage Fund was included in the 1994 budget for the first time. We had a good idea of what the City's total expenditures for vehicle maintenance and purchases were, but no idea of how they were distributed among the departments. The 1994 budget was prepared with a best guess of this distribution. Now that we have reached year end, it is necessary to redistribute the Central Garage Fees through the department budgets to match the actual expenditures. The total expended is less than the total budgeted. In past years, the full -time recreation supervisors charged their time to a Recreation Administration Department instead of to the individual recreation programs they actually worked on. We instructed them to begin charging their time to the individual programs in 1994. This was to facilitate the switch to the activity budget in 1995 where we try to determine the actual cost of each activity. It is now necessary to adjust the 1994 budget to move the appropriation for these personnel costs from the Recreation Administration Department to the'individual recreation programs. The total expended is no more than the amount budgeted. • The Government Buildings Department and the Community Center Department share custodial staff and the budget for these staff are split between the two departments. In 1994 they were instructed to try to more accurately charge their time to the building the worked on. As it turned out, a substantial amount of time we had budgeted for the Community Center was spent on the Government Buildings. It is now necessary to adjust the 1994 budget to move the appropriation for these personnel costs from Request For Council Consideration Page 2 the Community Center Department to the Government Buildings Department. The total expended is no more than the amount budgeted. • The City Charter allows the City Council to increase the budget, but only if there actual revenue increases to offset the increased appropriations. Teen Recreation Programs experienced an increase in receipts of $720 to go along with its increased expenditures. Children's Recreation Programs experienced an increase in receipts of 5 500 to o along Pe $ o P g g with its increased expenditures. Lodging tax collections and the resulting payments to the North Metro Convention Bureau are running about $35,000 higher than was anticipated in the 1994 Budget. The City Manager's Department had to spend more than the amount budgeted on professional services related to employment issues, arbitration, lawsuits, and hiring staff due to high turnover. It is necessary to transfer 35 000 from om the Contingency g y to cover these expenditures. I • adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to transfer unencumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to increase a budget appropriation if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, Section 7.09 of the City Charter does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, in the course of carrying out city operations during 1994, some departments found it necessary to operate at higher levels of activity than was anticipated in the 1994 budget. • NOW, THEREFORE BE IT RESOLVED b the City Council f he y y o t City of Brooklyn Center to amend the 1994 General Fund Budget as follows: 1. Increase the appropriation for Central Garage Fees for the following departments: Assessing $1,536 Government Buildings 4,945 Fire 20,406 Engineering 2,898 Recreation Adult Programs 2,848 Community Center 399 Parks Maintenance 55,900 Total $88,932 Decrease the appropriation for Central Garage Fees for the following departments: City Manager's $3,685 Police 711 Community Development 17,202 Streets 64,533 Recreation Administration 489 Recreation Children's Programs 640 Recreation General Programs 1,672 • Total $88,932 RESOLUTION NO. 2. Increase the appropriation for Personal Services for the following departments: Recreation Adult Programs $72,000 Recreation Teen Programs 1,100 Recreation Children's Programs 9,900 Community Center 25,000 Total $108,000 I Decrease the appropriation for Personal Services in the Recreation Administration Department: $108,000 3. Increase the appropriation for Personal Services in the Government Buildings Department: $12,500 Decrease the appropriation for Personal Services in the Community Center Department: $12,500 4. Increase the estimated revenue for Teen Recreation Programs b $720 20 Y Increase the appropriation for Teen Recreation Programs by: $720 Increase the estimated revenue for Children's Recreation Programs by: $5,500 • Increase the appropriation for Children's Recreation Programs by: $5,500 5. Increase the estimated revenue for Lodging Taxes by: $35,000 Increase the appropriation for Convention & Tourism by: $35,000 b. Increase the appropriation for professional services in the City Manager's Department by: $35,000 Decrease the appropriation for the Contingency Account in the Unallocated Department by: $35,000 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 1/23/95 City of Brooklyn Center Agenda Item Number y Request For Council Consideration • Item Description: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1993 -D, 69TH AVENUE CONSTRUCTION PHASE III Department Approval: Diane Spector, Director o blic Services Manager's Review /Recommendation: ' =- No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the attached resolution. • Summary Explanation: (supporting documentation attached No ) The City Council on May 24, 1993 approved plans and specifications and authorized the advertisement for bids for Improvement Project No. 1990 -10, Contract 1993 -D, 69th Avenue Construction, Phase III. This project has been completed by C.S. McCrossan Construction. This portion of the 69th Avenue project involved the construction of 69th Avenue between West Palmer Lake Drive and Shingle Creek Parkway, and associated public utility improvements. The City Council accepted McCrossan's bid per Resolution No. 1993 -110, and a contract was subsequently executed in the amount of $583,503.91. The final value of this contract is $573,057.47. The value of the work actually performed is $10,446.44 less than the contract amount, due to various general over and underestimations of required quantities. Staff recommends acceptance of the work performed, and authorization of final payment to C.S. McCrossan Construction. NOTE: Improvement Project 1990 -10, 69th Avenue Reconstruction, is composed of numerous project phases and individual contracts. There is now one contract yet to be "finalled, " Phase II of the landscaping, covering improvements to the segment between West Palmer Lake Drive and Shingle Creek Parkway. This project will be fznalled in the spring, when we are assured that the plantings have survived the winter and are acceptable. When that project is finalled, we will bring to the Council the final report of the overall cost of the 69th Avenue project. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1993 -D, 69TH AVENUE CONSTRUCTION PHASE III WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, C.S. McCrossan Construction has satisfactorily completed the following improvement in accordance with said contract: 69TH 9T AVENUE CONSTRUCTI A ON, PHASE III IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1993 -D NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Bid Final Amount Contract $583,503.91 $573,057.47 2. The actual value of work performed is $10,446.44 less than the original contract value due to an overestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under contract shall be $573,057.47. 4. The project costs and revenues for Improvement Project No. 1990 -10, Contract 1993 -D, 69th Avenue Construction, Phase III are amended as follows: RESOLUTION NO. AS AS PER COSTS ESTABLISHED LOW BID AS FINAL Contract $650,000.00 $583,503.91 $573,057.47 Contingency 97,500.00 58.350.39 0.00 Subtotal Construction $747,500.00 $641,854.30 $573,057.47 Consultant Engineering 93,800.00 93,800.00 116,270.27 Soil & Materials Testing 0.00 24,000.00 10,946.44 Staff Engineering(2 %) 14,950.00 12,837.08 11,461.14 Admin & legal (2 %) 14,950.00 12,837.08 11,461.14 TOTAL PROJECT COST $871,200.00 $785,328.47 $723,196.46 REVENUES • Regular State Aid #1496 $550,000.00 $437,943.00 $445,472.17 Local State Aid #2911 121,200.00 147,385.47 89,625.13 Water Utility 150,000.00 150,000.00 170,018.54 Storm Drainage Utility 50,000.00 50,000.00 18.080.62 TOTAL PROJECT REVENUES $871,200.00 $785,328.47 $723,196.46 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 1/23/95 3 City of Brooklyn Center Agenda Item Number 0—+ Request For Council Consideration • Item Description: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON SHINGLE CREEK PARKWAY BETWEEN I -94 AND 69TH AVENUE NORTH (MSAP 109 - 109 -28) Department Approval: Diane Spector, Director o blic Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Adopt attached resolution. • Summary Explanation: (supporting documentation attached ) In accordance with Municipal State Aid street policies, the City Council must adopt a resolution prohibiting parking on Shingle Creek Parkway between I -94 and 69th Avenue North before Mn/DOT can disburse funds for Contract 1994 -J, Improvement Project No. 1994 -19, Shingle Creek Parkway Mill and Overlay. • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON SHINGLE CREEK PARKWAY BETWEEN I -94 AND 69TH AVENUE NORTH (MSAP 109 - 109 -28) WHEREAS, the City has approved the improvement of Shingle Creek Parkway from I -94 to 69th Avenue North (MSAP 109 - 109 -28); and WHEREAS, the City will be expending Municipal State Aid funds on the improvement of this street; and WHEREAS, this improvement will not provide adequate width for parking on the street. Approval of the construction as a Municipal State Aid street project is conditioned upon parking restrictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles on both sides of Shingle Creek Parkway from 1 -94 to 69th Avenue North at all times, following completion of the 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 p y p a adop ted • Council Meeting Date 1/23/95 / 31 City of Brooklyn Center Agenda Item Number !� Request For Council Consideration • Item Description: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT TO HERBST & SONS CONSTRUCTION CO., INC. FOR DEMOLITION OF 6451 AND 6505 BROOKLYN BOULEVARD (BEING A PART OF IMPROVEMENT PROJECT NO. 1993 -18) Department Approval: M e Spector, Dire to of Public Services Manager's Review /Recommendation: .A.ZI.I. � = No comments to supplement this report Comments below /attached Recommended City Council Action: • Adopt attached resolution. Summary Explanation: (supporting documentation attached No ) The City Council on November 14, 1994, accepted the bid and awarded a contract to Herbst & Sons Construction Co., Inc. for demolition of 6451 and 6505 Brooklyn Boulevard. Prior to demolition of 6505 Brooklyn Boulevard, a buried residential fuel oil tank was detected. The cost of removal and disposal of this tank is $600.00. The final payment shall be as follows: As Awarded As Final 6452 Brooklyn Boulevard $6,000.00 $ 6,000.00 6505 Brooklyn Boulevard $5,000.00 $ 5,000.00 (Change Order No. 1) 600.00 Sub -Total 6505 Brooklyn Boulevard $ 5,600.00 Total Approved Final Payment $11,600.00 • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT TO HERBST & SONS CONSTRUCTION CO., INC. FOR DEMOLITION OF 6451 AND 6505 BROOKLYN BOULEVARD (BEING A PART OF IMPROVEMENT PROJECT NO. 1993 -18) WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Herbst & Sons Construction Co., Inc. has satisfactorily completed the following improvement in accordance with said contract: DEMOLITION OF 6551 AND 6505 BROOKLYN BOULEVARD (BEING A PART OF IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1994 -Q) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1, in the amount of $600.00 is hereby approved. 2. The work completed under said contract is accepted and approved according to the following schedule: As Amended Per Approved As Bid Change Order Final Amount Contract $11,000.00 $11,600.00 $11,600.00 3. The actual value of work performed is the same as the contract value plus approved change order. 4. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under contract shall be $11,600.00. 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 January 23, 1995 City of Brooklyn Center Agenda Item Number /r Description: Item Descri P Request For Council Consideration • Resolution Expressing Recognition and Appreciation of Margaret Knutson for Her Dedicated Public Service on the Park and Recreation Commission Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: �-`y�' No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition and Appreciation of Margaret Knutson for Her Dedicated Public Service on the Park and Recreation Commission Summary Explanation: (supporting documentation attached No ) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MARGARET KNUTSON FOR HER DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION WHEREAS, Margaret Knutson served on the Brooklyn Center Park and Recreation Commission from November 8, 1993, through January 17, 1995; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Brooklyn Center Park and Recreation Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Margaret Knutson is hereby recognized and • appreciated by the City of Brooklyn Center. 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 January 23, 1995 3 City of Brooklyn Center Agenda Item Number • Item Descri tion: Request For Council Consideration P Resolution Expressing Recognition and Appreciation of Agatha Eckman for Her Dedicated Public Service on the Human Rights and Resources Commission Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition and Appreciation of Agatha Eckman for Her Dedicated Public Service on the Human Rights and Resources Commission • Summary Explanation: (supporting documentation attached No ) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF AGATHA ECKMAN FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION WHEREAS, Agatha Eckman served on the Brooklyn Center Human Rights and Resources Commission from October 13, 1986, through December 31, 1994; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Brooklyn Center Human Rights and Resources Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Agatha Eckman is hereby recognized and appreciated by the City of Brooklyn Center. 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 January 23, 1995 City of Brooklyn Center Agenda Item Number 3 Description: Item Descri P Request For Council Consideration • Resolution Expressing Recognition and Appreciation of Daniel Reiva for His Dedicated Public Service on the Human Rights and Resources Commission Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition and Appreciation of Daniel Reiva for His Dedicated Public Service on the Human Rights and Resources Commission Summary Explanation: (supporting documentation attached No ) • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DANIEL REIVA FOR HIS DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION WHEREAS, Daniel Reiva served on the Brooklyn Center Human Rights and Resources Commission from August 9, 1993, through December 31, 1994; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Brooklyn Center Human Rights and Resources Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Daniel Reiva is hereby recognized and i appreciated by the City of Brooklyn Center. 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 January 23, 1995 3 City of Brooklyn Center Agenda Item Number % Description: Item Descri p Request For Council Consideration • Resolution Expressing Recognition and Appreciation of Neal Nelson for His Dedicated Public Service on the Housing Commission Department Approval: b Ld- ' - f. , Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: ''`�`-' -¢- ✓::'r v" No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition and Appreciation of Neal Nelson for His Dedicated Public Service on the Housing Commission • Summary Explanation: (supporting documentation attached No ) • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF NEAL NELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Neal Nelson served on the Brooklyn Center Housing Commission from March 27, 1989, through December 31, 1994; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Brooklyn Center Housing Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Neal Nelson is hereby recognized and appreciated by the City of Brooklyn Center. 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 January 23, 1995 31 • City of Brooklyn Center Agenda Item Number Description: Item Descri P Request For Council Consideration r Resolution Expressing Recognition and Appreciation of Viola Kanatz for Her Dedicated Public Service on the Financial Commission Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition and Appreciation of Viola Kanatz for Her Dedicated Public Service on the Financial Commission • Summary Explanation: (supporting documentation attached No ) • J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF VIOLA KANATZ FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Viola Kanatz served on the Brooklyn Center Financial Commission from July 13, 1992, through December 31, 1994; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Brooklyn Center Financial Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Viola Kanatz is hereby recognized and appreciated by the City of Brooklyn Center. 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 1123/95 3 City of Brooldyn Center Agenda Item Numbe Request For Council Consideration • Item Description: Resolution Expressing Recognition and Appreciation of Betty Engdahl for Her Dedicated Public Service on the Earle Brown Neighborhood Housing Advisory Committee Department Approval: 6' - r Tom Bublitz, Community Development Specialist Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends approval of Resolution Expressing Recognition and Appreciation of Betty Engdahl for Her Dedicated Public Service on the Earle Brown Neighborhood Housing Advisory Committee • Summa Explanation: (supporting documentation attached No Summary P ( PPo g ) • 6x Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BETTY ENGDAHL FOR HER DEDICATED PUBLIC SERVICE ON THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE WHEREAS, Betty Engdahl served on the Earle Brown Neighborhood Housing Advisory Committee from March 8, 1993, to October 25, 1994; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Earle Brown Neighborhood Housing Advisory Committee; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Betty Engdahl is hereby recognized and appreciated by the City of Brooklyn Center. 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 Mecting Date 1/23/95 City of Brooklyn Center Agenda Item Number 4 Request For Council Consideration • Item Description: Resolution Expressing Recognition and Appreciation of June Scofield for Her Dedicated Public Service on the Earle Brown Neighborhood Housing Advisory Committee Department Approval: Tom Bublitz mmunit D evelo p ment ' st ' Co y Spec Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends approval of Resolution Expressing Recognition and Appreciation of June Scofield for Her Dedicated Public Service on the Earle Brown Neighborhood Housing Advisory Committee • Summa Explanation: (supporting documentation attached No Summary �P ( g ) PPo • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JUNE SCOFIELD FOR HER DEDICATED PUBLIC SERVICE ON THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE WHEREAS, June Scofield served on the Earle Brown Neighborhood Housing Advisory Committee from January 14, 1991, to August 8, 1994; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Earle Brown Neighborhood Housing Advisory Committee; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of June Scofield is hereby recognized and appreciated by the City of Brooklyn Center. 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. O Council Meeting Date January 23, 1995 31 City of Br oo klyn Center Agenda Item Numbe Request For Council Consideration • Item Description: Resolution Expressing Recognition of Deane A. Lejoyarn for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool Department Approval: �6.ntm �/Yl4ti� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: v No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Resolution Expressing Recognition of Deane A. Lejoyarn for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool • Summary Explanation: (supporting documentation attached No ) • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF DEANE A. LEJOYARN FOR HIS ACHIEVEMENT IN SWIMMING 500 MILES IN THE BROOKLYN CENTER POOL WHEREAS, over a five -year period, Deane A. Lejoyarn, 8730 Montegue Terrace, Brooklyn Park, swam 500 miles in the Brooklyn Center pool; and WHEREAS, this achievement reflects the dedication, skill, and perseverance of Mr. Lejoyarn; and WHEREAS, it is highly appropriate that the City Council recognizes his accomplishment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of Deane A. Lejoyarn is recognized and he is hereby congratulated by the Brooklyn Center 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. Council Meeting Date 1 -23 -95 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION AMENDING RESOLUTION NOS. 91 -153, 92 -127 & 93 -191 REGARDING THE BROOKLYN CENTER AD HOC COMMUNICATIONS TASK FORCE WHICH ENABLES TASK FORCE TO APPOINT ITS OWN CHAIR AND VICE CHAIR Department Approval: Terri Swanson, communications coordinator Managers Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Approve attached resolution. Summary Explanation: (supporting documentation attached No ) At its Jan. 9, 1995 meeting the city council approved the Ad Hoc Communication Task Force's request to elect their own Chair Person and Vice Chair to keep these appointments consistent with city commissions. For your approval, attached is the resolution making these changes. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 91- 153, 92- 127 & 93 -191 REGARDING THE BROOKLYN CENTER AD HOC COMMUNICATIONS TASK FORCE WHICH ENABLES TASK FORCE TO APPOINT ITS OWN CHAIR AND VICE CHAIR WHEREAS, Resolution Nos. 91 -153, 92 -127 & 93 -191 define the duties and responsibilities of the Brooklyn Center Ad Hoc Communications Task Force; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding the appointment of the chairperson and vice chair. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Resolution Nos. 91 -153, 92 -127 & 93 -191 are hereby amended as follows: I. Chairperson: The Chairperson shall be elected by majority vote of the Ad Hoc Communications Task Force membership. The election shall be conducted at the Communications Task Force's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Communications Task Force meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Communications Task Force membership. II. Vice Chairperson: The Vice Chairperson shall be elected by majority vote of the Ad Hoc Communications Task Force membership. The election shall be conducted at the Communication Task Force's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Communications Task Force meetings from the time a vacancy of the Vice Chair occurs. The Vice Chair may be removed by majority vote of the Communications Task Force membership. 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 01/23195 31 City of Brooklyn Center Agenda Item Number Item Request For Council Consideration • De t RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) DISC -TYPE BRUSH CHIPPER Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Approving Specifications and Authorizing Advertisement for Bids for the Purchase of One (1) Disc -Type Brush Chipper • Summary Explanation: (supporting documentation attached Yes ) An appropriation in the amount of $23,000 was approved in the 1995 central garage budget for purchase of one disk -type brush chipper. Attached are the specifications for this brush chipper. If the specifications are approved, an advertisement for bids will be placed in the Sun -Post, and bids would be opened on February 9, 1995, at 11:00 a.m. • 60 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) DISC - TYPE BRUSH CHIPPER BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Brooklyn Center that the specifications for the purchase of one (1) disk -type brush chipper are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the purchase of one (1) disk -type brush chipper in accordance with said specifications. 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. CALL FOR BIDS FOR ONE (1) DISC -TYPE BRUSH CHIPPER Sealed proposals endorsed with the title of disc -type brush chipper and the bidder's name will be receivers at the office of the City Clerk of the City of Brooklyn Center, Hennepin County, Minnesota, up to 11:00 a.m. on Thursday, February 9, 1995, at which time bids will be opened and read. The equipment to be furnished consists of the following as called for in the specifications: One (1) Disc -Type Brush Chipper Proposed forms of contract documents, including the forms and specifications therefore, are on file in the office of the City Clerk of the City of Brooklyn Center, Minnesota, where they may be examined. Specifications and proposal blanks may be had for the bidder's individual use by applying to the City Clerk. No bidder may withdraw his bid within thirty (30) days after scheduled time of opening bids without the consent of the City. Bids must be made on the basis of cash payment for the brush chipper. No bids will be considered unless sealed and filed with the City Clerk prior to the closing time for receiving bids. The City Council reserves the right to waive any informalities in any bids received and reject without explanation any or all bids received. Mailed bids should be addressed to: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 By order of the City Council K. K. Wickre, Deputy City Clerk Date: January 24, 1995 (Published in the Brooklyn Center Sun -Post February 1, 1995) City of Brooklyn Center A great place to start. A great place to stay. Provisions And Specifications For One (1) Disc -Type Brush Chipper Bid Opening: February 9, 1995 11:00 AINt 6301 Shingle Creek Pkwy, Brooklyn Center, �I -Y 55430 -2199 • City Hall & Y TDD N er ., � b (61.,) 569 -3300 Recreation and Community Center Phone & TDD :Number (612) 569 -3400 • E X (612) 569 -3494 An A firmative Action /Equal Opportunities Employer City of Brooklyn Center Provisions and Specifications For One (1) Disc -Type Brush Chipper 1. GENERAL All bids must be received at the office of the Deputy City Clerk on or before 11:00 a.m., Thursday, February 9, 1995, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Brush Chipper ". It is understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract in the best interest of the City. The brush chipper proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material of equipment desired. Catalog information showing make, model, and complete specifications of the brush chipper the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all costs in connection with such suit and save the City harmless in all such actions. 2. Bid Security Proposals shall be accompanied with a five percent (5%) bidder's bond, cash deposit, certified or cashier's check made payable to the City of Brooklyn Center and shall be a guaranty to provide equipment as specified and to enter into an agreement with the City for the complete unit. 3. Guaranty The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest possible date. The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to be free of defects in design, materials and workmanship. All defective parts and material shall be replaced free of cost to the City of Brooklyn Center, including labor, for a period of two years from date of delivery. 4. CONSIDERATION OF BIDS The availability of adequacy of parts and service, and the costs of operation and maintenance of this equipment are all important factors which the City of Brooklyn Center will consider in making the award of contract. No prequalification requirements are specified herein. However, each bidder shall submit written statements with his bid which provide the following information. 1. Length of time this manufacturer has been manufacturing specified unit. 2. Length of time the dealer has been handling this product line. 3. Number, location and ownership of all comparable units in service in Minnesota, or in dealer's service area: (for usage by the City in checking references). 4. Description of parts and service availability for this machine from the dealer and from the manufacturer. Following opening of the bids, the City may require the bidder to submit such additional information as may reasonably be required in order.to evaluate the proposed bid for the benefit of the City. In addition, the City f Brooklyn Center reserves th y y es e right to consider the previous performance of both the dealer and the manufacturer relating to the parts and service records to the City of Brooklyn Center as related to other City -owned equipment. 5. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 6. AWARD Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and services; as well as analysis and comparison of specifications and performance. Because the maintenance of this equipment in good operating condition without down time for repairs is very important, it is essential that repair parts and service be adequate and readily available. The bidder shall state clearly in his proposal the location in the Metro area where parts and service facilities are available. Included in the final bid award determination will be a performance evaluation based on City experience and experience of others with similar equipment as to the past performance of the bidders to determine the best parts and service facilities available. 7. EXCEPTIONS Exceptions to any item or part of these specifications shall be submitted in writing one week prior to bid opening. None will be accepted after this date. It shall be the responsibility of the bidder to furnish proof that the exceptions or substitutions are equal or superior to the specifications. This may require demonstration, travel to existing machines and locations for demonstration and viewing of such substitute proposal items. This is to be accomplished at no expense to the City of Brooklyn Center. SPECIFICATIONS DISC TYPE BRUSH CHIPPER Trailer • Trailer shall be all steel welded and reinforced, with support gussets. • Adjustable Tongue Jack - 20001b Capacity • Swivel Castor Wheel - 10001b. capacity. • One (1) Rear Jack Stand • Dexter or equal free backing surge brakes, # 18493 Lift Side, #18494 Right Side. • Adjustable for height, Telescoping adjustable tongue •. Tires two (2) 1200 X 16.5 maximum,wide profile, one (1) spare tire and wheel. • Two (2) heavy -duty fenders. • Shock mounted tail lights shall be heavy duty, D.O.T. approved enclosed in removable steel. Enclosures to Guard against damage to light, with license plate bracket. • Wiring to be inclosed • Four (4) - Prong trailer connector • One (1) Flood mounted near rear for maximum visibility. Axle • Axle shall be 6000 lb. minimum capacity • Leafsprings - 8000 minimum capacity or Torsional Type - 8000 minimum capacity • Heavy -duty shock absorber Hvdraulic Tank • Tank shall have a minimum of twelve (12) gallon capacity, shall be rubber shock mounted with spin -on cartridge filter on line, filter screen on outlet, baffle, sight gauge. Fuel Tank • Twenty -four (24) gallon capacity minimum with sight gauge and rubbers shock mounted. Paint • Yellow, or color as chosen by City of Brooklyn; Center. Engine • Diesel Powered 100 h minimum Water cooled. 61 am minimum. P o P • Muffler with rain cap. • Tachometer /Hour Meter • Throttle - Push - button type • Automatic shut -off device for low oil pressure or high engine temperature. Chipper Cutting Wheel • Disc Type, 4 knife , 2 knife pocket, (1 -extra set of knives four (4)). Constructed of high carbon steel Hvdraulic Steel Feed Svstem Two powered feed wheels with automatic feed speed governor. • Adjustable feed anvil, shut -off bar locator on the three sides of the infeed chute, allow actuation of the feed wheels forward /off/ reverse. Tool Box • Lockable tool and battery box. Manuals • Parts manual • Service manual Terms • Trade -In - One (1) - 1976 Asplund Brush Chipper - #85 City of Brooklyn Center Proposal Disc-Type Brush Chipper PP er TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 We propose to furnish and deliver one (1) Disc -Type Brush Chipper according to the specifications at the following price: 1. Bid Price 2. Less Trade 3. TOTAL BID PRICE $ (Including Tax) 4. Delivery Date (Calendar Days) 5. Warranty 6. Exceptions Signed: Firm Name: Address: Date: Council Meeting Date 01/23/95 31 City of Brooklyn Center Agenda Item Numbe Descrip Item Descri P Request For Council Consideration • RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) THREE- QUARTER TON CARGO VAN Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: �� -" ✓`% %'%' V No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Authorizing the Purchase of One (1) Three - Quarter Ton Cargo Van ® Summary Explanation: (supporting documentation attached Yes ) An appropriation in the amount of $16,000 was approved in the 1995 central garage budget for purchase of one three- quarter ton cargo van for the engineering department. The City of Brooklyn Center may purchase this van from Thane Hawkins Polar Chevrolet, Inc. through the Hennepin County Cooperative Purchasing Program. The cost for the van with an additional seat and seatbelts is $14,421 plus excise taxes of $938 for a total cost of $15,359. • Member introduced the following resolution and is moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) THREE- QUARTER TON CARGO VAN WHEREAS, an appropriation of $16,000 was approved in the central garage budget for the purchase of one three - quarter ton cargo van; WHEREAS, it is possible for the City of Brooklyn Center to participate in a Hennepin County Cooperative Purchasing Program contract to purchase the three - quarter ton cargo van; and WHEREAS, the Hennepin County contract was awarded to Thane Hawkins Polar Chevrolet, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) three - quarter ton cargo van from Thane Hawkins Polar Chevrolet, Inc. under the Hennepin County contract in the amount of $15,359 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 00 3 City of Brooklyn Center Agcnda Item Number v/ Description: Item Descri P Request For Council Consideration • RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) ONE -TON TRUCK CHASSIS AND CAB FOR SIGN SHOP Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: M No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Authorizing the Purchase of One (1) Dump Truck Cab and Chassis • Summary Explanation: (supporting documentation attached No ) An appropriation in the amount of $30,000 was approved in the 1995 central garage budget for purchase of one, one -ton truck chassis, cab, and utility body for the sign shop. The City of Brooklyn Center may purchase this truck chassis and cab from Thane Hawkins Polar Chevrolet, Inc. through the Hennepin County Cooperative Purchasing Program. A shop manual will also be purchased at a cost of $120. The cost of the truck cab, chassis and manual is $15,115 plus excise taxes of $983 for a total cost of $16,098. The utility body will be purchased at a later date. 6 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) ONE -TON TRUCK CHASSIS AND CAB FOR SIGN SHOP WHEREAS, an appropriation of $30,000 was approved in the central garage budget for the purchase of one (1) one -ton truck chassis, cab, and utility body; and WHEREAS, it is possible for the City of Brooklyn Center to participate in a Hennepin County Cooperative Purchasing Program contract to purchase the one -ton truck chassis and cab; and WHEREAS, the Hennepin County contract was awarded to Thane Hawkins Polar Chevrolet, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) one -ton truck chassis and cab from Thane Hawkins Polar Chevrolet, Inc. under the Hennepin County contract in the amount of $16,098 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 01/23/95 3 City of Brooklyn Center Agenda Item Numbe tion: Item Descri Request For Council Consideration P RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DUMP TRUCK CAB AND CHASSIS Department Approval: Karla Wickre, Deputy 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 Truck Cab and Chassis Summary Explanation: (supporting documentation attached No ) • An appropriation 78 in the amount of 500 was approved in the 1995 central garage budget for $� PP purchase g g g P of one dump truck cab, chassis, box and plows. The City of Brooklyn Center may purchase this dump truck cab and chassis from Boyer Ford Trucks Inc. through the Minnesota Cooperative Purchasing Venture. The cost for the dump truck cab and chassis is $41,850 plus excise taxes of $2,720 for a total cost of $44,570. The box and plows will be purchased at a later date. • 6r Member introduced the following resolution and 0 moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DUMP TRUCK CAB AND CHASSIS WHEREAS, an appropriation of $78,500 was approved in the central garage budget for the purchase of one (1) dump truck cab, chassis, box and plows; and WHEREAS, it is possible for the City of Brooklyn Center to participate in a Minnesota Cooperative Purchasing Venture contract to purchase the dump truck cab and chassis; and WHEREAS, the State contract was awarded to Boyer Ford Trucks Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) dump truck cab and chassis from Boyer Ford Trucks Inc. under the Minnesota State contract in the amount of $44,570 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 01/23/95 3 City of Bmoldyn Center Agenda ltem Numbe tion: Item Descri Request For Council Consideration P RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) AIR COMPRESSOR, AIR KNIFE AND ACCESSORIES Department Approval: Karla Wickre, Deputy 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) Air Compressor, Air Knife and Accessories • Summary Explanation: (supporting documentation attached No ) An appropriation in the amount of $15,900 was approved in the 1995 utility budget for purchase of one air compressor, air knife and accessories. The City of Brooklyn Center received two written quotes for this equipment: Mac Queen Equipment Inc., $16,317.75 and Ruffridge Johnson Equipment Company, Inc., $14,764.27. I recommend acceptance of the quote from Ruffridge Johnson Equipment Company, Inc. in the amount of $14,764.27. • 6S Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) AIR COMPRESSOR AIR KNIFE AND ACCESSORIES WHEREAS, an appropriation of $15,900 was approved in the utility budget for the purchase of one air compressor, air knife and accessories; and WHEREAS, two written quotes were received as follows: Company Quote Ruffridge Johnson Equipment Company, Inc. $14,764.27 Mac Queen Equipment Inc. 16,317.75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) air compressor, air knife and accessories from Ruffridge Johnson Equipment Company, Inc. in the amount of $ 14,764.27 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 January 23, 1995 City of Brooklyn Center Agenda Item Number /O t Description: Item Descri P Request For Council Consideration • Licenses Department Approval: Sharon Knutson, Deputy City Clerk n Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve following list of licenses. Summary E y p on: (supporting documentation attached No ) • MECHANICAL SYSTEMS Erickson Plumbing, Heating & Cooling 9212 Isanti 'St. NE a • �c Building Official A)x— POOL AND BILLIARD TABLES American Amusement Arcades 850 Decatur Ave. N. Lynbrook Bowl 6357 N. Lilac Drive City Clerk �B,k RENTAL DWELLINGS Gary Brummer River Glen Apts. Miller Management Co. Willow Lane Apts. Curtis Cady 6915 Brooklyn Blvd. Earl Backer 7018 Brooklyn Blvd. Timothy Damberger 2118 Ericon Drive Rickey Hartmann 6831 Fremont Place N. Orval and Marya Hage 7215 Girard Ave. N. Roland Scherber 4714 Lakeview Ave. N. Joseph Veidel 7104 Unity Ave. N. Robert and Patricia Bobleter 4807 Wingard Place George Hanson 1510 69th Ave. N. • Ruth Kalanquin 5348 70th Circle Curtis Cady 1312 72nd Ave. N. A f ���+ �— Director f 0- 0 0 Community Development Request For Council Consideration Page 2 TOBACCO RELATED PRODUCTS • American Amusement Arcades 850 Decatur Ave. N. Lynbrook Bowl 6357 N. Lilac Drive City Clerk 4* • • Council Meeting Date 23 -95 3 City of Brooklyn Center agenda Item Number Request For Council Consideration • Item Description: PLANNING COMMISSION APPLICATION NO. 95001 SUBMITTED BY THARALDSON DEVELOPMENT. Department Approval: Ronald A. Warren, Planning and Zoning Specialist r 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 January 12, 1995 meeting subject to conditions of approval as listed in the minutes. • Summary Explanation: (supporting documentation attached ) Request for special use permit and site and building plan approval for a three story, 60 unit Comfort Inn Hotel at 1600 James Circle. This application was considered by the Planning Commission at its January 12, 1995 meeting. Attached are minutes and information sheets from that meeting, a map of the area, and various plans relating to the proposed site and building plan approval. i Planning Commission Information Sheet Application No. 95001 Applicant: Tharaldson Development Location: 1600 James Circle North Request: Special Use Permit/Site and Building Plan Approval The applicant is seeking site and building plan approval and a special use permit to construct a three story, 60 unit Comfort Inn Hotel located on a 1.027 acre site at 1600 James Circle North. The property in question is zoned C -2 (commerce) and hotels are listed as special uses in that zoning district under the land use designation of "transient lodging ". The subject site is located along the westerly side of the east leg of James Circle. It is bounded on the north by the Hardee's restaurant site; on the eas` by the easterly north /south leg of James Circle with the Days Inn located on the opposite ride of that street; on the south by the east/west leg of James Circle with the Olive Garden and Cracker Barrel restaurants located on the opposite side of that street; and on the west by the Earle Brown Bowl. ACCESS /PARKING The plan calls for one access to this site, which will be located at the northeasterly corner of the property. We have requested, and the applicant has provided, that the access be located as far as possible from the James Circle intersection at the southeast corner of the property. It is at this intersection that access is gained to the Cracker Barrel restaurant and we were concerned with possible congestion problems if another access was established close to this intersection. Parking on the site includes 67 parking spaces with three spaces being for handicapped and are located next to a walk under porte adjacent to the front entrance to the hotel. Three of the proposed 67 units are totally handicapped accessible units. The parking requirement for hotels and motels is one space for each unit plus one space for each employee on any one shift. The applicant has indicated that they would not exceed seven employees on any one shift with management and desk employees and housekeeping and maintenance personnel. The majority of the parking is located east of the main portion of the building, all of which is 90 degree parking served by two way 24 foot wide drive lanes. B612 curb and gutter is indicated around all parking and driving areas and is required around parking protection areas as well. Adequate distances meeting the minimum ordinance requirements for parking stall width and depth are provided. GRADING/DRAINAGE/UTILITIES Curb and gutter is to be provided around all driving and parking areas as previously indicated. Drainage will be collected by three catch basins, two located in the center of the parking lot east of the main building and the third along the south curb line, and then conveyed via 12 inch storm sewer to the existing city storm sewer in James Circle. Sanitary 1 -12 -95 1 sewer and water lines are shown south of the building to be connected to existing sewer and water lines within the James Circle right -of -way. This site is less than five acres and, therefore, no watershed commission review and approval is required. The applicant has indicated appropriate erosion and sediment control as part of their grading plan. It calls for the use of a silt fence around the perimeter of the site, the use of straw bales around inlet manholes until the final surface is prepared and a construction entrance to retain soil on site all as requested by the Engineering Department. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This site is a little over one acre (1.027 acres) and requires a minimum of 82.4 landscape points. The applicant's proposal is for 99.5 landscape points, with a diversity of plantings around the site. The plan calls for three Green Ash, one each on the south and west green strips and one at the northeasterly corner of the building. A single White Pine is proposed at the southwest corner of the property. A Techny Arborvitae Hedge, which can reach a height of 4 ft. to 10 ft., is proposed along the south and west green strips to provide screening of parking areas from the public streets. Decorative Hawthorn Thornless Cockspur are proposed for two parking lot island areas, the northwest and southwest corners of the building and seven along the front side (east) of the building. Nine decorative Hicks Yew are proposed for around the trash enclosure and in the front of the building intermixed with low lying shrubs. Fifty -five shrubs are proposed for around the perimeter of the building and include Emerald and Gold Euonymus,: Sarcoxie Euonymus, Compact American Cranberry bush, Jackman Potentilla and Broadmoor Juniper. BUILDING The building exterior is to be drivit or a stucco appearing exterior. Pitched roofs accent the building elevations. The colors, as I understand them, are to be earth tone with a white raised band around the perimeter of the building just above the first floor windows. The building will have a walk under porte supported by columns and is attached to the building at the main entrance. Pitched roofs also accent this walk under porte and entrance attachment. Walkways lead to the parking lots from the building exits on the north and south walls. We have suggested to the applicant that they may wish to pursue having walkway connections to the west to the Earle Brown Bowl site, which contains a restaurant and to the Hardee's restaurant site to the north. This may prove to be convenient for hotel customers. LIGHTING /TRASH The applicant has submitted a lighting plan indicating compliance with the city ordinances. They propose cut off flood lights at a height of 32 1 /2 feet in the two parking lot island areas as well as along the east green strip and south green strip for purposes of illuminating the parking lots. Eleven wall mounted shielded lights at a height of 20 feet are located along the north and west sides of the building. An approximate 21 X 10 ft. trash screening device and 1 -12 -95 2 shed are proposed to the south of the building. The exterior material will be the same as the e building exterior. The plans indicate a chain link gate with slats for screening. We have requested, and the applicant has agreed, to provide a wood gate for the trash area for better screening purposes. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for this Special Use Permit and notices have been sent. Attached for the Commission's review is .a copy of Section 35 -220 containing the five standards for Special Use Permits. The applicant has submitted a letter in response to our request for them to address the Special Use Permit standards contained in the ordinance. Attached for the Commission's review is a copy of a December 27, 1994 letter from Dan Smith of Dan Smith Architect. The letter indicates that they believe this hotel will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. They note that they have 135 motels in a 20 state area and all are well maintained with a good history. They indicate that they believe they have adequate on -site parking with no need for on -street parking. The applicant's representative goes on to indicate that they do not believe their proposal will be injurious to other uses in the immediate area, and also note that many of the surrounding developments are of a similar commercial character, includin g motels , service and eating establishments. He notes that their heaviest traffic occurs over a two to four hour period in the mornings or evenings, while daytime traffic is light and parking is available for service vehicles. He concludes by indicating that they believe they, in all other respects, conform with the applicable regulations of the zoning district. We do not find any conflicts with the standards for Special Use Permits given the site lan submitted b the applicant. We would P y PP concur that the use certainly is compatible with other uses in this area. Public facilities are sized in such a manner as to handle the additional sewer capacity needed for such a hotel. Traffic should not be a problem in this area, given the fact that the applicant has agreed with their plan submittal to provide one access far removed from the James Circle intersection. RECOMMENDATION Altogether the plans and special use permit appear to be in order. Approval is, therefore, recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the Engineering Department prior to the issuance of permits. 1 -12 -95 3 I A site performance agreement and supporting financial guarantee (in an amount to be determined b the City Manager) hall y y g ) s 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 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. 8. B612 curb and gutter shall 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 owners shall enter 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 Special Use Permit is granted to the applicant for a 67 unit, three story hotel. Any expansion or alteration of this use shall require an amendment to this Special Use Permit. 13. This Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation, thereof, could be grounds for revocation. 1 -12 -95 4 j : L- Lr DRPC- --AVE.$! N_! LLI L1 r % � N Nino �� �Ji7�5 AYE. " •J � -- r --- RWA S FIDURN AVE. N. - , �ltCEl I AVE "• J ,' ; . ` z N �> �c^ EARIE V O � - _ �kod 32A 3l9NINS � J : i SUIIIIT DR. S CIR N _ OGAN AVE. N. --- A a 1, EARLE - O WN DR. z > J JAUES AVE. dN t c REM - Fy � [ IL V E_. N, f `� 1, ';` � - h s ti - 4 , \ . l; �I�RARD �AVEN. ERAR� AVE. i _ �g CIRARD AVE, �7 8 ('T TT1TiT1 �( $ � � rr-r- rte-- �- T- r,- r -.-,. SITE :�TA71ST1C� � i 198.70' h 86'25'53" E 9' A °1' I , I = DJ - -- - - - -- - -_ u I L U o c FEE Ot. -- -- I m _ I ° W _a _ —•_ta _ -_ — -- I — _ - - --- _ -- b i, ry b — NOTE: PROVIDE HANDICAP SIGt,t ?UE D — # -- 16 <.2. - -7 ' 5 80'25'08 w — AS PER STATE R LOCAL. CODES 1T� --{' —N / 1L= = 4dtP[Ai44'1�!S.rf4l7ICmS4 T� _ __ l!!CT R/a4 b J A ME S 'C N. - - - - - -' - -- - - _ o _ � F smsc us +:10 Nax 10' 70' O 20' - ID \\ L \\ ll rstdt "ma —asr �! C N �d Re cor d , 1 ropeily � wl - : Heritage lrin of Hr'301dyri C'cl (2 1', l CZ.aFtl99- F +'Sn L[Si - 6�P94S 1020 ;_6th Street S.V. -- — -- Fargo, North Dakota 513103 . Jo HA NDICAP P AR{Ct NG E R AMP DETAIL MI , �1 co g (i ®rt v 'R Tema 99 -__ __- p»p,• _..____ UAN 9MRH AH Hfrwr C lots L'i lots aB>.1UT. � =IXy'OR t rrvn l0 Nei MpV'lL . �.o.lwaral ►++�. wm wasR JAMCB CCG4EH - -- __ BRCJO CC1 Ft 1 K-,.XJ IIR�9af IL:9F.yy 6--- _ —_. --- .,TT m 1 I r11ARA —UlVt111P —t - LEGE ND: ADVANCE SURVEYING & ENGINEERING CO. sr,,,. s1.T w 191 a1...ba. «N SS Nr,f«an. Naa s.. taul.Tl nT 0-6 CATCH BASIN mmux T,v. TUARALDSON DEVELOPAfENT CO. p FIRE NYORANT SLmmfn N9.aee IT, 1991 USAEMM No.e.frn i>, 1991 j W . OATS VALVE 0 MANHOLE W x [m 1. [ICllwtt.tt]N PARI( I W^�p• Caw,, Mwslola r BITUMINOUS SURFACE N a R.MA.N< YMMaAt,NVFMt,w < .. Y •.•a.«e 1R• ppa .;a v S N.a6� E. r :h =.. 1. w..:........ a.. a � . 1ww: KS,«.u 2 :' __ .•10"" �— u TC g[nNr. 'DON: � ; f «•..ww+r.w.lNa s4_T4 c u= '^ n____.___._____ .. S o an�e�NO SL,wc. L�NC - i + S � a F.f..lf v ONE PlCII EQUALS H UrT 1 uB _ 'A l zl y p 4T iJ s� µ51i4 ° g "I 3 W V .M.1. C IS N F L ddd J ,,, iN 'I3 J zZ g O 3;< - r yWl [K« 14 al [54 L b N I i Bse T smm z n tJAME S _ 2 CUP 5 21�RCP STORM ST [ 1 +a[ BENCHMARK 6EWEA TOP HC.,4 _ 0C� TOP µSY TOPS{S.CT B'PV 9 NITARY SEWER -� --_ �P WAITRMAIN CIRCLE N T =R�a i o-� a^ s' BEEHIVE CB E GCNCY OVERFLOW -[4S.0 INV -$ 04 rBO[, NAN lCN�TNORP�PCLIIN[N�OLlON•iNC, JOB NQ 94673 I F_ UTI LITY SITE L EGEND PR_fY LINE FIN. FIER-RiVAU10—N 84 8.00 847 rj INC , 7.7 Ex IN EliM16 4- - SAN. SEWER STOW SEWER — _ - - -___ I V —i GAS U NDERGROUND UNDERGROUND TELL UNDERGROUND CAM lv IRANSFORMER Cl ALL -6-AL �­16 I V L­ -ALL 1­1 L RO AID 4fueL L E7 I I L YARO �A7 C. O. ------------- -- . EXISTING 21" REP STOPU SEWER E XISTING 9' M &CffRY WER A SE - - - - - - - --- - - - - ---------------------- JY511NG f -------- - R A ED I N G PLAN - --- ------- j i� UTIL-ITY PL-4N STRAW BALES EROSION CONTROL DETAIL STRAW BALE DETAIL SILT FENCE [DETAIL UTILIT 1 -1 j a GRADING PLAN cm w move Comfort DAN 8MffH ARCHrMg "'. .... Ion L 3 .C.-�T 11TIL [GUIPMENT1,111LIZED Cf 3440- ( 40OMH) CUTOFF I L CULTS MIG HEIGHT 32 CI) T IL T ANGLE 30 DEGREES PN344 -M PARABOLIC NARROW FLOCIOLI IG HEIGHT 32 5' • 11 L I ANGLE 71 DE GREES (11) E a 407-OH DEE P SHEELDED LIGHTS MTG HE 20' �4) PS5S30STRZ (30' , 5') SO STE E I. POLES ( 2 P UU -AAS(90) AD VERTICAL CNONS : ) � � PW - 3A5 TRIPLE VERTICAL TENON 1 C P B _ 2A5 WIN VERTICAL TENON LIPI]ONAL_EQUIPMENT • I I I ESB-7 SU"FAFF MOUNTING BOXE I POLES ME ET 80 Mpi4 SUSTAINED WINDS L .,.. RUUEJ J J DAN SMITH ARCHITECT comlort IVIDI rl Inn P—E IN 81 CLEC. E—R. To 'ER.-It IVLEW no. CA' 3/A` 1♦ ZW.G "Ac. w. Law u.vaRLL FRONT DESK TELL VERIFY RESERVED 6 No�. 1. loclToNs • �.� PARKING 2 coWDIA' 5,vow. SE—t 6. 5 6 a 10 TW 10 �F OR LOC Yea R T TELE PHONE RISER DIAG RAM HjAN --_A P � Y PLOC, 5,74,C EL-F-VATIQN _4T P ARN _ lo COLORS . . . . . . . . . . . . . tt�.D AND 90lDrR - GREEN ON LIIE --IN— 'ELEPADNE CA F— k C.C. ROUND - —E — ELI, cwR To PRCvvE 2 cmDuff FROM TEU. a.� ED 111E Sl-". C OCAO-7E LOCATiON W/ TELE, CO. ...... -oNc RUNT To ... o— rS A n GA CAME. ELEC. COATQ, 70 RUN Ml LE 50FIN F. QF CAR ES 10 NEIVORK ATERf� W/ EA .11 1♦ No. & LOCATON ./ PE AAANE BR� TAG . SEE ENTEENOR RN, ELEVAT�NS COLOR5 12-�Q (I LOCA —S Or lft[PIgN[ OWLEIS. LEGEND AND BORDER - GREEN TEL W TLETS N R YE. 10 BE SNGLE G" BACNGROV.D .-E E NfNG SVTTLE RECEPUBLE 4k PLATE TO C—) C. —cm fi" �PFY SION�E — ALL STATE AND L—k CDOES TYPICAL -�!A-NPKAE — FAfZ_KtNr Ir 7 R�- LE FR A ION 24 - Comfort - IN It OR N. (Ilt A ---A-A C o2.d fort _M8M[TH-An&'rTECT pan ----- ---------- - ..T_T' -L• "� - --- C_7 C 7 __ C � f - - 1 (. � T I I � .� ors n •kw cuTS I. IE Fxa ns,,.•+.to(MT n FLV. m CQ ED 21 ED P�- ED LT-1 IJD CCU m _ -- C� s s FM , a z . FmISH Ifl n u� = i 1'(- - p M l.l$FU BA $E_F DETAIL - 71 11��,HTEHFL -..._ _�._._ TL. f �S ("'P; M I Dk YEP Ex4 -tAU4T VE1vi �'� FPOI`IT_6U1Li.`�'..1NG EI E"/AT10N s °es�� �- PP'3E HVAi; UNIT 6' Fu?�M TrP -- _ E I r.S. CCu JR E GEhrcF -e FO'JF - €& r-- 12 Prrr ,z FrcH - m z %� ��� r J , rFF H nIF m- - ,'neF LEFT 'ILDING E LEtl4 r P 1G'r-T 5U1LD;N1,� CLE:VA t-'-1-i �''.EFFEP TO FFG�NT FLE!/.,TIGN �__ O .. . . L.E._J - _ _ - - - - . -- _.__ EI� � T L�L- [TJ ! QJ LT J �- � r� \T. �UILG:NG -.— f -,� (-1 1 �I CD ED FR EE Ell CLI ED El I 1 ; I Cpl LZ_. _ - - -- ' _ _. __� -' -_ � '- - ��-°— ,mss• +-� - -+ - \ _. E CLT ,.btIT (I NS J: ,, ' --'- -' �'- -- REAP BUILDING ELEVATION r F- U 1L L 11G E- _ - LEVI �N.a mi 7 on.rr r�aT r1Y�1¢CT GG FO _ �nmwae v.un -r J!+ f Lft'/J ___ En UH n �."NTf Mh 52 <3v PfIn1EGTIq.: as iP -.. n�. - Inscu�cr ,<.ei. Section 35 -220. SPECIAL USE PERMITS 2. Standards for Special Use Permit A speci: -.1 use permit may be granted by the City Council after demonstrati-:n 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 -s 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 Speci 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. • Zn 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. CAA MITa — ARCHITCCT * 5 NE 3 4 BOX 536 • VALLEY CITY, NORTH DAKOTA • 58072 -0536 VALLEY CITY: (701) 845 -2718 20 36TH STREET SW 0 FARGO, NORTH DAKOTA • 58103 FARGO: (701) 235 -1167 December 27, 1994 City Council City of Brooklyn Center Brooklyn Center, MN 55430 Re: COMFORT INN MOTEL James Circle North Brooklyn Center, MN Dear City Council: • This letter is in response to a request for us to address concerns regarding standards for the special use permit for this project. The items as listed under Section 35 -220, paragraph 2 find the following: (a) This 60 unit motel will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals or comfort because this vacant lot will be changed into a neat and orderly piece of neighborhood property. The owner's have some 135 motels in a 20 state area and all are well maintained and have past history of peaceful, orderly change to the area they occupy and the surrounding neighborhood. Traffic in and out of the site occurs over a period of time and adequate parking will be provided on site with no additional street parking. Public health, safety, morals and comfort will be enhanced by a motel operation that promotes these same values for the good of its visitors. (b) This special use will not be injurious to the use and enjoyment of other property in the immediate vicinity as the quality of the building together with landscaping will provide a pleasing, restful atmosphere. This will match or encourage immediate vicinity to upgrade their premises, thereby improving . property values. Landscaping will be more than adequate and meet all code requirements, including screen treatments. REGISTERED ARCHITECT - NCARB Certified (c) This special use will not impede the normal and orderly • development and improvement of the surrounding properties. Many of the surrounding developments in place are of similar commercial character such as motels, service and eating establishments. (d) Adequate measures will be taken to provide ingress, egress and parking and will be so designed as to minimize traffic congestion for the public streets. Two ingress /egress will be provided to balance traffic movement for the 67 required on site parking spaces. Heaviest traffic occurs over a 2 to 4 hour period in mornings and evenings. Daytime traffic is light and parking area is available for service vehicles. (e) In all other respects, this special use will conform to the applicable regulation of this district. With the above in mind and after review of the plans and specifications for this project we request that a special use permit be granted by the City Council. Should further issues arise please contact the Owner /Developer or myself. �' ' cer�ely, - 1A — 0 Dan Smith R.A. #12655 DAN SMITH ARCHITECT DS /ld cc: Tharaldson Development File i TimeSaver Sec. --- B CENTER P01 r MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE C ITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 12, .1995 CA I TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:35 p.m. ROLL CALL Chairperson Tim Willson, Mark Holmes, Robert Mickelson, and Dianne Reem. Commissioners Donald Boota and Ella Sander were excused from the meeting, Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Ruth Mcl.lurin, Mayor Myrna Kragness. • APPROVAL OF MIN 1T DECEMBER 8 1994 Ther;, was a motion by Ummlissioner Mickelson and seconded by Commissioner Recm to approve the Minutes of the December 8, 1994, Planning Commission meeting as submitted. The mk)tion passed unanimously. ADJOURN 1994 PLANNNING COMMISSION There was a motion by Commissioner Mickelson and seconded by ( Room to adjourn the 1994 Planning Commission at 7:37 p.m O ATH OF OFFICE The Secretary administered the Oath of Office to the members of the Planning Commission. CALL TO ORDER: 1995 PLAN KING COMMISS The Planning C'c�mmissi(jn met in regular sess and was called to order by Chairperson Willson at 7:37 p.m. ELECTION QF 199' Chairperson Willson called for nominations for 1995 Chairperson. There was a motion by Commissioner Holmes and seconded by :Commissioner Mickelson to nominate Commissioner Tim Willson as 1995 Chairperson for the Planning Commission, Chairperson Willson called for nominations two additional times. 1 -12 -95 1 TimeSaver Sec. - -- B CEYIER PO2 There was a motion b Commissioner Mickel n Y so and seconded b Holmes to close nominations. There was a motion by Commissioner Holmes and seconded b Reem for a y unanimous ballot naming; Tim Willson as 1995, ELECTION C?F 1995 CHAIR PRO TEM Chairperson Willson called for nominations for 1995 Chair Pro Tem, There was a motion by Commissioner Holmes and seconded by Reem to nominate Commissioner Mickelson as 1995 Pro Tem. Chairperson Willson called for nominations twice more. There was a motion by Commissioner Holmes and seconded by Reem to close nominations for Chair Pro Tem. There was a motion by Commissioner Holmes and seconded by Reem for a unanimous ballot naming Robert Mickelson as 1995 Chair Pro Tem. CHAIRPERSUIV "S EX A�tATT(')N • Chair Willson explained the Pla i �? �p an Commission is an advise bed One of the g rY , Y Commissions 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. The Secretary introduced Mayor Kragness who was in the audience. Mayor Kragness congratulated the members of the Commission and thanked them for all their efforts, APPLI .ATI N N .94 1 BR KDALE COVE NANT R C O 0 0 6 00 COVE A,. T CHU H C The. Secretary noted this was a request for a Special Use Permit and Site and Buildin Plan approval to construct a 12,500 square foot recreation area addition to the wdsting church located 5139 Brooklyn Boulevard, This matter was tabled by the Planning Commission at is December 8, 1994 meeting. The Secretary indicated the applicant is asking the Planning Commission to table this request until their Januar7 26, 1995 meeting, There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to table Application 1yo.94016 until the January 2.6, 1995 meeting at the rcqucst of the applicant, APPLICATION NO 95001 THA ALDSON DEVELOPMENT Chairperson Willson introduced the neat item of business, a request from Tharaldson Devvelopment for a Special Use Permit and Site and Building Plan approval for a three story, 60 unit Comfort Inn Hotel at 1604 James Circle. 1 -12 -95 2 TimeSaver Sec_. - -- B CENTER POD • The Secretary resen p led the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95001, attached). Commissioner Holmes asked if the conditions noted cover a wood gate for screening. The Secretary stated not at present, but the conditions could be modified to reflect a wooden gate. Commissioner Holmes in :'. ;:Ailed if their were any concerns regarding only one access to the property. The Secretary noted no concerns at this time. PUBLIC HEARING (APPLICATIQN NO 95�t}1� Chairperson Willson asked for a motion to open the public hearing on the request for a Special Use Permit and Site and Building Plan at 3:06 p.m. There was a motion biv Commissioner Nickelson and seconded by Commissioner Holmes t1O open the public hearing. The motion passed unanimously, Chairperson Willson asked if there was anyone present who wished to address the Commission. • Mr. Jeff Young as resent for g p o the applicant to an,, any questions of the Commission. Commissioner Holmes inquired it the Hotel would have a pool. Mr. Young indicated there would not be a pool. Commissioner Holmes inquired ii this is a typical size Comfort Inn. Mr, Young indicated that was correct, the lrrxr Hotels would be Fairfield Inns. Chairperson Willson died for any more questions for the applicant or for anyone else to speak at the public hearing, CLOSE PUBLIC HEARING There was a motion by Commissioner Holmes and seconded by Commissioner Mickelson to close the public hearing at 5:11 p.m. The motion passed unanimously. Commissioner Holmes inquired if a condition could be added regarding the wood screening, The Secretary indicated condition 14 could be added to note a wood screening. There was a motion by Commissioner Hopes and seconded by Mickelson to add condition 14, indic sting: Plans to be modified to show wooden screening. 1 -12 -95 3 Time.Saver Sec. -, -- B CENTER PO4 ACTION RE OMMENDING APPROyAL OF APPLICATION CATION NO. 95001 There was a motion by Commissioner Mickelson and seconded by Commissioner Reem to recommend approval of Application No. 95WI submitted by Tharaldson Development 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 issuance of permits. Z. Grading, drainage and utility plans are subject to review and approval by the Engineering department prior to the issuance of permits. 3. A site 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 addition is to be equipped with an automatic fire extinguishing system to meet NFr'A standards and shall be conn('md 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 3 of the city ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey property, F ro of the erty improvements and utility service lines, prior to release of the performance guarantee. 10. The property owners shall enter 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 Lngineering Department, 12. The Special Use Permit is granted to the applicant for a 67 unit, three story hotel. Any expansion or alteration of this use shall require an amendment to this Special Use Permit, 1 -12 -95 4 T1meSaver Sec. B CENTER P05 13. This Spccial Use Permit is subject to all applicable codes, ordinances and regulations, 8u , any violation, thereof, could be grounds for revocation. 14. The plans shall be modified prior to the issuance of permits to include a wood opaque gate for the trash enclosure. Voting in favor: Chairperson Willson, Commissioners Holmes, Mickelson, and Reem. The motion passed unanimously. Y The Secretary noted that the application will be referred to the City Council at the January 6 7 23, 1945, 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 must be brought back before the Planning Commission for review. OTHER BUSINESS no Secretary indicated there will be a meeting of the Planning Commission on January 25, 1995, The rasters for the neighborhood advisory groups will be available, the Secretary noted if anyone would like any additions to these roster please notify him, Chairperson Willson and Commissioner Holmes indicated they would not be able to attend thi$ mccting, The Secretar noted if a quorum is not available for this meeting he will notify eve on ry e, Discussion was held regarding new developments a. businesses in the City. ADJOURNMENT There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to adjourn the meeting of the Planni g Commission. The motion passed unanimously, The Punning Commission adjourned at 5:30 p.m. Chairperson Recorded and transcribed by- Ruth MQLauIin TimcSwmr Off Site Secrctarial 1'12'75 S r Council Meeting Date 1 -23 -95 City of Brooldyn Center Agenda Item Number Request F r it i o Council Consideration o �s Item Description. . Maxfield Research Group, Inc. regarding the retail potential at 69th Avenue North and Brooklyn Boulevard. Department Approval: 0-- LAL 6.4Ao� Ronald A. Warren, Planning and Zoning Specialist Manager's Review/Recommendation:'�.,',:% No comments to supplement this report Comments below /attached Recommended City Council Action: The City Council, following the Maxfield presentation and review, should by motion, acknowledge • receipt of "A Market Feasibility Study of the Retail Potential at 69th Avenue North and Brooklyn Boulevard in Brooklyn Center." Summary Explanation: (supporting documentation attached ) Mary Bujold of Maxfield Research Group, Inc. will present and review the results of "A Market Feasibility Study of the Retail Potential at 69th Avenue North and Brooklyn Boulevard in Brooklyn Center ", which was commissioned by the City Council as part of its review of this area for potential redevelopment. A Market Feasibility Study of The Retail Potential at 69th Avenue North and Brooklyn Boulevard in Brooklyn Center Prepared for.- The City of Brooklyn Center August 1994 AFIELD RE SFARCH GRO g 620 KICKERNICK, 430 FIRST AVENUE NORTH MINNEAPOLIS, MINNESOTA 55401 'T E D , 'r a y�fa q August 24, 1994 Mr. Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Hoffman: Attached is the market analysis for the proposed redevelopment of a site located in the northeast corner of 69th Avenue North and Brooklyn Boulevard in Brooklyn Center. The site is proposed to be developed with retail with senior housing as a potential component to the north. The study analyzed demographic characteristics of households within one, three and five miles of the subject property. In addi- tion, retail districts were identified within these areas and information gathered on neighborhood and community retail centers of 30,000 square feet or more. The research revealed the potential to develop a neighborhood shopping center with approximately 60,000 to 70,000 square feet of space in a strip shopping center with an additional 20,000 square feet available in freestanding pads. In total, 80,000 to 90,000 square feet of retail would be supportable on the site. We have enjoyed conducting this study for you and are available if you need any ' additional information. Sincerely, ' MAXFIELD RESEARCH GROUP, INC. Mary C. Bujold Senior Market Specialist ' Attachment Iq �v �P '4. ' TABLE OF CONTENTS Page SUMMARY OF FINDINGS ....... ............................... 1 PURPOSE AND SCOPE OF STUDY ............................... 3 ' SITE AND LOCATION ANALYSIS . ............................... 4 Site Description ............... ............................... 4 Traffic Volumes ............... ............................... 4 i Surrounding Land Uses ......... ............................... 7 Appropriateness of Site for Retail Development ...................... S ' DEMOGRAPHIC REVIEW ....... ............................... 9 Introduction .................. ............................... 9 Population and Household Growth Trends .......................... 11 Age Distribution .............. ............................... 13 Household Tenure ............. ............................... 15 Household Income ............. ............................... 15 ' Household Spending Patterns ..... ............................... 17 RETAIL MARKET REVIEW ....... ............................... 23 Introduction 23 Comparison of Trade Area Community and Neighborhood Shopping Centers 25 Interview Summaries ........... ...... 45 ......................... Planned and Proposed Retail Developments 46 CONCLUSIONS AND RECOMMENDATIONS ....................... 47 Demand Analysis 47 Recommended Development Concept ............................. 49 ' LIST OF TABLES Table Number and Title Page 1 Trade Area Population Growth Trends, 1980 -1999 ................. 11 2 Trade Area Household Growth Trends, 1980 -1999 ................. 13 3 Distribution of the Population by Trade Area, 1994 ................ 14 4 Trade Area Household Tenure, 1990 ........................... 15 5 Trade Area Income Distribution, 1989 (1990 Census) -1994 ........... 16 6 Trade Area Household Expenditures by Selected Product Type, 1994 ... 18 ' 7 Expenditures by Selected Type of Store 1994 ..................... 22 8 Characteristics of Shopping Centers 27 9 Shopping Center Comparison, Neighborhood and Community Centers, Lease Rates and Vacancy Rates, June 1994 ...................... 28 10 Square Footage by Type of Retail Category, Brookdale Area, June 1994 ................ ............................... 34 11 Square Footage by Type of Retail Category North Brooklyn Boulevard June 1994 37 a e b Type of Retail Category, Brooklyn 12 Square Foot , q g Y YP g rY Park -85th Avenue North, June 1994 ..... ............................... 38 13 Square Footage by Type of Retail Category, Crystal Area, June 1994 ... 39 14 Square Footage by Type of Retail Category, Robbinsdale Area, June 1994 ................ ............................... 40 15 Square Footage by Type of Retail Category, New Hope Area, June 1994 42 16 Retail Space Vacancy and Absorption, First Quarter 1992 -1994 ....... 44 17 Types of Stores, July 1994 .... ............................... 49 ' SUMMARY OF FINDINGS * The City of Brooklyn Center engaged Maxfield Research Group, Inc. to assess the market potential for retail space on a redevelopment site located in the northeast quadrant of 69th Avenue North and Brooklyn Boulevard in Brooklyn Center, Minnesota. The site is proposed to be redeveloped with retail space, professional offices, and senior housing. * The subject property is currently occupied by a small retail strip center with five bays and an unimproved parking lot. This center would be removed to make way for any new development on the site. Brooklyn Boulevard is the west border of the site and is a heavily traveled arterial street with more than 40,000 vehicle trips per day in 1992. The subject property's excellent visibility from Brooklyn Boulevard, the high traffic volumes past the site, and the surrounding residential base make it ideal for retail development. * Trade area rings of one, three, and five miles were examined with respect to population and household growth, age distribution, household income and tenure, and aggregate and per household expenditures for selected household items. Trade Area 1 (one -mile ring) reflects a stable, but aging household base with slightly higher than median incomes, a higher level of home own- ership, but little projected growth due to limited availability of land for new ' housing development. Trade Areas 2 and 3 (three- and five -mile rings) reflect more new households, slightly lower median household incomes, and a slightly lower level of home ownership, but a strong potential for growth S because of new household formations resulting from new home construction in these areas. * According to estimated household expenditures, households in each of the trade areas spends more, on average, for all types of goods and services than households, on average, in the nation. Specific retail categories show- ing a higher index value in Trade Area 1 than in the other trade areas are: personal care items, non - prescription drugs, women's clothing, and men's clothing. In addition, Trade Area 1's high proportion of home ownership is also revealed in the spending patterns shown on Table 6 in the body of the report. Expenditures were higher in the four categories that comprise the ' largest housing related purchases, including the following: housekeeping sup- plies, lawn /garden supplies, major appliances, and building material supplies. * We reviewed three major retail concentrations to assess the competitive retail market for additional space on the subject property, the Brookdale area, northern Brooklyn Boulevard (in Brooklyn Park) and the Crystal shopping area. Our analysis identified major centers and anchor tenants and compiled information on age of center, total square footage, tenant mix, and vacan- cies. Our findings revealed a substantial amount of retail space is available 1 in the Brookdale area in part because of large scale retailers moving out of strip centers to freestanding facilities, national mergers, store relocations, and 1 national liquidations. Interviews with leasing agents in the Brookdale area revealed the existing vacant space has been difficult to lease and there are fewer large scale national retailers looking to lease space. Conversely, both the north Brooklyn Boulevard and Crystal shopping areas have relatively low vacancies, but a majority of the retail space is occupied by convenience goods retailers, (i.e., drugstores, grocers, video stores, card /gift shop, pizza /ethnic restaurants). * Interviews with leasing agents and retail brokers revealed that the site is a t strong one for retail development given its visibility and the high traffic vol- umes on Brooklyn Boulevard. Although the area could not support another full -line supermarket, a complement of smaller convenience retailers in addi- tion to professional offices and other services such as bank, gas station, car wash, and sit -down restaurant would provide Trade Area residents and com- muters with a strong location for convenience goods and services. Also, the t potential development of 100 units of senior housing on a parcel adjacent to the retail strongly supports the need for goods and services located within walking distance of the housing. * The City f Brooklyn Park is planning a large scale redevelopment of the ty Yn P g g P northern tier of Brooklyn Boulevard and upgrades to the existing retail de- velopment at Zane Avenue. A merchant's association was formed and plans are being developed to enhance the streetscape, the curb appeal of the retail shopping area, and to provide an overall retail plan for the area. At the intersection of Highway 81 and Brooklyn Boulevard, Starlite Center will be developed with a new Cub Foods store (89,000 square feet) and approxi- mately 80,000 square feet of new and rehabbed retail space. * Our analysis focused primarily on the potential to develop a neighborhood or community center on the subject property given the demographic charac- teristics of trade area households, traffic volumes on Brooklyn Boulevard, and nearby competitive retail developments. Characteristics of a neighbor- hood center include an average size of approximately 50,000 to 60,000 square feet, a support population of 3,000 to 40,000 persons and a drive time of 5 to 10 minutes. A community center is characterized by an aver- age size of 150,000 to 160,000 square feet and a support population of 40,000 to 150,000 people within a 10- to 20- minute drive. * Based on our findings, we determined that 60,000 to 70,000 square feet of retail space in a neighborhood shopping center could be supported on the subject site with an additional 10,000 to 20,000 square feet of freestanding pads for complementary uses. In total, 80,000 to 90,000 square feet of re- tail space could be supported on the site. 2 1 PURPOSE AND SCOPE OF STUDY The purpose of this study is to determine the potential for up to 120,000 square feet. of new retail space on a redevelopment site located in the northeast quadrant of 69th Avenue North and Brooklyn Boulevard in Brooklyn Center, Minnesota. The study assesses potential demand for various types of retail goods and services given the competitive retail environment. The scope of the study includes: a site and location review, a demographic analysis of the population and household base within one, three, and five miles of the subject property, an inventory of major shopping districts within the study area including competitive information on types of stores, square footage, lease rates, vacancies, and an inventory of any planned retail development. Conclusions and 1 Recommendations identify retail demand from each of the trade areas for specific types of stores and an assessment of the amount and type of retail space support- able on the subject property given the existing household base and any proposed development for that area. Also provided are suggested types of stores that may be appropriate in a shopping center on that site. This report includes both primary and secondary research. Primary research in- cludes community interviews and market data on the individual retail projects. Secondary research is credited to the source when used, and is usually data from 1 the U.S. Census or the Metropolitan Council. Secondary research is always used as a basis for analysis, and is carefully reviewed in light of other factors that may impact projections such as construction or migration trends. All of the information on shopping centers was gathered by Maxfield Research Group, Inc. and is accu- rate to the best of our knowledge. 1 1 1 1 1 1 3 SITE AND LOCATION ANALYSIS Site Description The subject property is located on the northeast corner of the intersection of Brooklyn Boulevard and 69th Avenue North in Brooklyn Center as shown on the following graphic. The site is easily visible from Brooklyn Boulevard primarily because commercial development on the southeast corner of the intersection has been set back sufficiently to allow a direct site -line to the property. In addition, visibility of the site from Brooklyn Boulevard is enhanced because of the limited amount of commercial development immediately adjacent to the subject property. The subject property is currently occupied by a small retail strip center with five bays and an unimproved parking lot. This center would be removed to make way for any new development on the site. Existing tenants include Law's Engine Re- pair, Adventures in Video, Family Hair Care, Midwest Cleaners, and Sew What (tailoring and alterations). The site is one - quarter mile north of Brooklyn Boulevard's intersection with Inter - ' state 94/694. Commercial development has occurred at the corner properties clos- est to the site intersection. Several well - established car dealers (Bob Ryan Olds - mobile/Mazda, Brookdale Pontiac/Honda, Iten Chevrolet, and Brookdale Dodge /GMC) occupy sites on Brooklyn Boulevard between Interstate 94/694 and 69th Avenue North. Traffic Volumes Brooklyn Boulevard is a heavily traveled arterial street linking the Brookdale Shop- ping Area and Interstate 94/694 to the Highway 81 and Zane Avenue shopping areas further north. Brooklyn Boulevard carries more traffic than any other street within three miles or more of the subject property. Average daily traffic volumes on Brooklyn Boulevard in 1992 were 36,500 vehicles north of the 69th Avenue intersection and 43,500 vehicles south of the intersection. The following graphic shows average daily traffic volumes at major intersections. Traffic volumes on 69th Avenue were 9,500 vehicles west of Brooklyn Boulevard and 11,500 vehicles east of the intersection. It should be noted that traffic volumes decrease north of the Brooklyn Center/Brooklyn Park border. Most of the traffic on Brooklyn Boulevard is generated south of 75th Avenue. Two minor arterial streets, Noble and Regent ' Avenues, intersect Brooklyn Boulevard between the site and Zane Avenue. Regent Avenue carries 6,600 vehicles per day and Noble Avenue carries 6,000 vehicles per day. ' kin The City Brooklyn Center and Hennepin County re jointly see t3' Yn P tY J Y g funds to assist in the upgrading and widening of Brooklyn Boulevard in this area. The 4 ■ �i Sam MIM mm IMI IMI LOW LANE CHOOL I.f �� ► I_ IM IM MIMI son Mm =am 130 POST m/tt /tm��m�■����/ ■tttttt! c�■�����tr,��►,: `/►� .- 1111 tttt■tt�� ��' �� Utt /tt1 /■�/n����� ■� tt /t /t�tttt /tt / / /�t`C : �i /ttt�ttl ��un� /1�� ■e / ■ ■■ ©® INS 1111 ■ "" " ■■ _ /,r�lll■►1111111; NINON �% ■% ••� IIE� It 1111 .. =-- -- . ■ ,! i ii 113103i1�11011 � 11111111 i p: ,! �: 11111111 1111111 11111 �► �� ■ - 111111 -11 IMI 1 Bill oil 111/ , ;; C� ��� / � �I 111 �■ ; ..•..- ..,,,... ;�; •, � ■ ..� ten"' ""'■ .. II .11111 moons j � ■ 1/ �.. ■ •' •. :.11111■ ��!�����I / //1 �■ ti ■ �■ �■ �� 111111■ HALIFAX /11�11�1�1� i 1 111. 11111 ■■ ■■11111 • ,' �n I 1111111 ''� 111111111111111 11111111 • 11111 upgrading and widening will potentially impact all of the parcels abutting Brooklyn Boulevard between 64th and 70th Avenues North. This project will create poten- t tial opportunities for redevelopment in this area and will likely necessitate acquiring several existing retail sites including the Pit Stop /CarX site, the Big Wheel/Rossi site, the Total petroleum site, and the Pilgrim Cleaners site. Several other parcels and a few single- family homes may also have to be acquired. Acquiring the sin- gle- family homes and several remnant parcels would offer better access to new development on the subject property. Surrounding Land Uses ' Surrounding land uses are primarily commercial (office and retail), but also include some single - family homes. The predominant land use along 69th Avenue is single - family homes. Three single - family homes, fronting June Avenue, are located be- ' hind the commercial building and do not have direct access to 69th Avenue. An American Legion Post is located north of the single - family homes in the southwest corner of 70th and June Avenues. A small office building and a commercial print shop occupy the balance of the northern frontage of the block along 70th Avenue. St. AI P honsus Church and School are situated on the north side of 70th Avenue at June Avenue. The school's ballfield and vacant land occupy the northwest quad- rant of this intersection. Several small office buildings are situated on the east side of Brooklyn Boulevard between 70th and 71st Avenues. ' u the southeast Pilgrim Dry Cleaners retail store and plant occupy quadrant of the q intersection. Car- related retailers (Total Gas, Big Wheel Auto Parts, CarX Muffler/Brake, and Pit Stop Oil Change) front Brooklyn Boulevard immediately south of the dry g cleaners. Brookdale Dodge and Bob Ryan Olds/Mazda have showrooms and open lots south of the auto service /repair shops, however the deal - er's parts and service building of Brookdale Dodge is located to the east behind the auto service businesses. A Mobil Gas station is situated in the southwest quadrant of the Brooklyn Boule- vard /69th Avenue intersection. Two car dealers (Brookdale Pontiac/Honda, and Iten Chevrolet) have showrooms that face Brooklyn Boulevard just south of the gas station. Several other car dealers are located north of the subject site on Brook- lyn Boulevard. These include Brookdale GMC trucks, Buerkle Acura and Toyota City in Brooklyn Park. Brookdale Center (the nearest regional shopping center) and several peripheral community shopping centers are situated approximately 1.5 miles south of the sub- ject property. The Zane Avenue/Brooklyn Boulevard retail area is located on Brooklyn Boulevard approximately one mile northwest of the site. Approximately two miles from the subject property at the intersection of Brooklyn PP Y J P P tY Boulevard and Highway 81 is a Cub Foods, Target, Rainbow Foods, several smaller 7 retail shops and service stores as well as freestanding restaurants, banks, and ser- vice stations. This area is a major retail shopping area (primarily convenience purchases) very near the redevelopment site. The Target and Cub Foods stores (part of the Starlite Center) are slated to be redeveloped, adding more retail space and expanding the existing Cub Foods. In addition, the City of Brooklyn Park is proposing to redevelop an existing retail site at the intersection of Brooklyn Boule- vard and Zane Avenue North. Appropriateness of the Site for Retail Development ' The subject property's excellent visibility from Brooklyn Boulevard, the substantial drive -by traffic on the boulevard, and the surrounding residential base make this an ideal site for retail development. The current retail uses on the site are limited and present a low -end image. This site is a key intersection for the area with high traffic volumes. A new retail center on this property could offer both conve- nience and neighborhood retail goods and services to drive -by customers and resi- dents of the area. 8 DEMOGRAPHIC REVIEW ' Introduction ' In order to determine demand for various types of retail goods and services, trade areas were identified that examined the population and household base within one -, three- and five -miles of the subject property. The map on the following page shows the trade areas. The ring areas were further analyzed regarding current traffic patterns, geographic barriers, and other factors that would have an impact on the purchase of retail goods and services. The area east of the Mississippi ' River was excluded from the three- and five -mile rings as it is a geographic barrier and most households residing east of the river would be unlikely to cross the river to make more frequent purchases. In addition, there are a wide variety of easily accessible retail shopping alternatives east of the Mississippi River including North - town Shopping Center, Rosedale Shopping Center, and the University and Central Avenues Corridors. Households east of the river would be more likely to travel north to Coon Rapids or east to Roseville rather than travel west. Trade Area 1 (one -mile ring) extends nearly to the Village North shopping center on the northwest and into the Brookdale retail area on the south. Zane Avenue is the west boundary of this ring and Upton Avenue is the east boundary. Virtu- ally all of the land in this ring is developed and most of this study area lies in Brooklyn Center. One mile is a typical maximum distance a consumer would like- ly go for convenience retail goods and services. Thus, the one -mile ring becomes equivalent to the convenience retail trade area. Trade Area 2 (three -mile ring) includes all of Brooklyn Center and Crystal, a small ' portion of north Minneapolis and nearly all of Brooklyn Park's developed land. The ring touches Highway 169 on the west, 44th Avenue North on the south, the Mississippi River on the east and 95th Avenue North on the north. A three -mile ring is a typical travel distance for the customer of a neighborhood or community shopping center. The neighborhood center is typically anchored by a grocery store. The community center is typically anchored by a large general merchandise store, ' i.e., Target or KMart. Trade Area 3 (five -mile ring) extends north to 109th Street (the border of Brook- ' lyn Park), south to 27th Avenue North (Golden Valley and Crystal), east to the Mississippi River and west to Hemlock Lane (Maple Grove and Plymouth). The five -mile ring is a typical draw area for customers seeking specialty goods and services, usually the level of a power center or regional shopping center. i 9 CID A I A, J I )4 47 B AD E Goose COOTS Lake ids er U m' > .:' .7 ................... . ......... ...... ............... . Five-Mile Radius R r jid 101ST 0 = AVE .. Lake A K. 61 0 5 IC:ST M.TH 7. 57 Three-Mile Radius ... ST. AIL K. 93RD AVE ..... A .. t. 00000— U. .... .... : : . SP :: .... .. ..... t. -AU ILE k . . . ... OSSE ROVE 2974 .20,525 ISTH AVE BROOKLYN PARK POP. A3,332 AVE ?L . . . . . . . 7 257W C' ST AVE M. > One-Mile Radius 130 ' 152 Fq F.A,U FA .......... .... V 81 Site 73R_ e > 252 ' �.. Isl T d �nTm AVE H. 9T H AVE 1 < I Eagle Lake <0> t N. F.A 63R 'A B Kzy ' - — — .: :;•:. ....... E N TER r 94 0 POP. 31,230 Y Pik C STAL A 47 Lake A I R PORT 52 X A. '55TH AVE - tff, t, 152 Lak ..... ... X AVE 81 R i1ro 1 °� & C lip Oi 4STH AVE. N. 7N HOPE ....... an 57 12� PO#� 23,087 47 T . > Pop. 2� At— LCL Smith I 44TH AVE.h Lake P 14,A c T. AVE f.A U ... 15TM L_.k. ;rAK U� a 23 Z C 1-57AL) h AVE 61 ..... . E VL 34 TH 36TH i AVE N. TH A VE PC:- . .. ... doI Ale x % < < .... ........ .... . < I .... .'. 0 .......... .. .. ... NTH: AVE TG D an •:...::::... .i LAKE RD t2 ' E L °c' :. r 13 TV 6 �K>P A 1 9 AVE �5 &E F-A 7 2 GOLDEN VALLEY S 2 1 52 POP. 22,775 ­ La ke ­7 PLYMOUTH AVE. OLITH AVE win La Trade Areas Population and Household Growth Trends ' Population Table 1 shows population growth trends for each of the three Trade Areas from ' 1980 to 1999. The population of Trade Area 1 (one -mile ring) was 14,489, an increase of 238 persons from 1980 to 1990, a growth rate of only 1.7 percent. Current estimates (1994) indicate this trade area's population has decreased since ' 1990, by 384 persons, a decline of 2.7 percent. This decrease reflects smaller household size, likely due to the aging of the population, fewer families with chil- dren and more empty- nesters and seniors, although not a significantly older popula- tion. ' TABLE 1 TRADE AREA POPULATION GROWTH TRENDS 1980 - 1999 r -------------- Change--------- - - -- -U.S. Census- Estimate Forecast 1980 - 1990 1990 - 1999 ' 1980 1990 1994 1999 No. Pct. No. Pct. Trade Area 1 14,251 14,489 14,105 13,915 238 1.7 -574 -4.0 ' (One -mile radius) Trade Area 2 91,266 99,630 99,116 99,317 8,364 9.2 -313 -0.3 ' (Three -mile radius) Trade Area 3 176,988 189,397 189,265 190,431 12,409 7.0 1,034 0.5 (Five -mile radius) Sources: Bureau of the Census: U.S. Census of Population and Housing 1980 & 1990). . ' Claritas, Inc. Maxfield Research Group, Inc. ' Trade Area 2's (three -mile ring) population increased by 8,364 persons between 1980 and 1990, growing from 91,266 persons in 1980 to 99,630 persons in 1990, an increase of 9.2 percent during the period. As of 1994, the population of Trade t Area 2 was estimated at 99,116 persons, a decrease of 514 persons, or 0.5 percent from 1990. Again, this population decrease is most likely a result of an overall aging of the population with fewer persons, on average, living in each household. ' Trade Area 3's five -mile ring) population increased b 12,409 persons from 1980 ( g) P P Y P to 1990, an increase of 7.0 percent during the period, growing from 176,988 per- , sons in 1980 to 189,397 persons in 1990. As of 1994, the population of Trade Area 3 had remained virtually stable at 189,265 persons, decreasing only slightly, by 132 persons, or 0.1 percent. 11 ' Forecasts from 1990 to 1999 (nine -year period) show that the population of Trade Area 1 is forecast to continue decreasing, from 14,489 persons in 1990 to 13,915 persons, a decrease of 574 persons, or 4.0 percent, over the nine -year period. Trade Area 2's population is forecast to decrease slightly during this same period, from 99,630 persons in 1990 to 99,317 persons in 1999, a decrease of 313 persons, ' or 0.3 percent. Trade Area 3's population is forecast to increase from 189,397 persons in 1990 to 190,431 persons in 1999, an increase of 1,034 persons or 0.5 percent. The increase in population in Trade Area 3 is a result of growth in ' developing areas of Brooklyn Park, Maple Grove and Plymouth. Households Households are a more important indicator of the demand for retail goods and P g services than population because households represent individual spending units. Table 2 shows household growth trends for each of the three trade areas from 1980 to 1999. In all three Trade Areas, households increased at a considerably faster rate than population during the 1980's. Households in Trade Area 1 in- creased from 4,460 households to 5,217 households during the 1980's, an increase of 757 households or 17.0 percent. By 1994, households are estimated to have declined slightly, by 27 households, or a decrease of 0.5 percent. Trade Area 2 households increased from 31,872 households in 1980 to 37,299 households in 1990, an increase 5,427 households or 17.0 percent. Trade Area 2's 1994 household ' estimate was 37,433, a growth rate of 0.4 percent during the first part of the 1990's. Trade Area 3 households increased by 9,091 households during the 1980's, reaching 72,660 households in 1990, an increase of 14.3 percent. Trade Area 3's ' 1994 household base was estimated to be 73,299 households, reflecting an increase of 0.9 percent during the early 1990's. ' Forecasts for each of the three Trade Areas reveal that households are expected to continue increasing at a faster rate than population during the remainder of the decade. Households in Trade Area 1 are forecast to increase by 35 households ' between 1990 and 1999, a growth rate of 0.7 percent. Households in Trade Area 2 are forecast to increase by 654 households between 1990 and 1999, a growth rate of 1.8 percent and households in Trade Area 3 are forecast to increase by ' 2,012 households, a growth rate of 2.7 percent. The table reveals that households are expected to increase somewhat faster in Trade Areas 2 and 3 than in Trade Area 1. Again, the slightly lower household growth rate in Trade Area 1 reflects ' limited land remaining for housing development and the aging of the population. The larger Trade Areas encompass portions of developing communities where new housing has recently been built and where additional land is available for residen- t tial development. ' 12 i TABLE 2 TRADE AREA HOUSEHOLD GROWTH TRENDS 1980 - 1999 -------------- Change ------------- -U.S. Census- Estimate Forecast 1980 - 1990 1990 - 1999 1980 1990 1994 1999 No. Pct. No. Pct. ' Trade Area 1 4,460 5,217 5,190 5,252 757 17.0 35 0.7 (One -mile radius) Trade Area 2 31,872 37,299 37,433 37,953 5,427 17.0 654 1.8 ' ('Three -mile radius) Trade Area 3 63,569 72,660 73,299 74,672 9,091 14.3 2,012 2.8 (Five -mile radius) Sources: Bureau of the Census: U.S. Census of Population and Housing (1980 & 1990). Claritas, Inc. Maxfield Research Group, Inc. Age Distribution ' Table 3 shows an estimated age distribution of the population for each of the three trade areas as of 1994. The table reveals that Trade Area 1 was estimated to have a higher proportion of persons age 45 to 64 than either Trade Area 2 or 3. In addition, Trade Area 1 had a higher proportion of persons age 19 and Under than Trade Area 3 (29.5 percent versus 28.3 percent), but a lower proportion than Trade Area 2 (29.5 percent versus 30.0 percent). The largest ' numerical age group in each of the trade areas was persons age 25 to 44 years, comprising all of the baby boom generation (persons born between 1946 and 1964) in 1990. Trade Area 2 had an estimated 35 588 ersons the age 24 to 44 cohort, nearly 36 P g y percent of the trade area's total population. The second largest age group was ' persons age 19 and Under, 29,775 persons or 30.0 percent of the total population of Trade Area 2. The largest numerical age group in Trade Area 3 was also persons age 25 to 44 which totaled 67,635 persons or 35.7 percent of all persons in the trade area. Trade Area 3 also had the highest proportion of seniors among all three areas, ' 10.8 percent versus 8.5 percent for Trade Area 2 and 8.0 percent for Trade Area 1. 13 it rr rr rr rr rr r■ r r ri r� �r r rr � r� ■r �r r TABLE 3 DISTRIBUTION OF THE POPULATION BY TRADE AREA 1994 Age Age Age Age Age Total Persons 19 & Under 20 - 24 25 - 44 45 - 64 65 & Over No. Pct. No. Pct. No. Pct. No. Pct. No. Pct. No. Pct. Trade Area 1 14,104 100.0 4,163 29.5 908 6.4 4,670 33.1 3,220 22.8 1,143 8.1 (One -mile radius) Trade Area 2 99,116 100.0 29,775 30.0 7,368 7.4 35,589 35.9 18,006 18.2 8,378 8.5 (Three -mile radius) Trade Area 3 189,265 100.0 53,754 28.4 12,948 6.8 67,635 35.7 34,425 18.2 20,503 10.8 (Five -mile radius) I Note: Percents may not add to 100.0 due to rounding. Sources: Claritas, Inc. Maxfield Research Group, Inc. Household Tenure Table 4 shows the number and percent of owner- and renter - occupied housing units in 1990 for each trade area. The table reveals that Trade Area 1 had the highest proportion of owner- occupied households among the three trade areas, 75.7 percent. In 1990, 65.5 percent of Trade Area 2's household base and 67.8 percent of Trade Area 3's household base owned their housing. The significantly higher owned housing base in Trade Area 1 is a result of fewer rental units in the area. Conversely, Trade Areas 2 and 3 include a substantial proportion of the multifami- ly rental units located in northern Brooklyn Center, Brooklyn Park, Crystal and Robbinsdale. This higher proportion of renters reduces the proportion of owned ' housing. Owner- occupied households tend to spend more on items for housing maintenance and repair such as paint, lumber, gardening supplies, lawn mowers, etc. TABLE 4 TRADE AREA HOUSEHOLD TENURE 1990 ' Owner ------- 1990-------------- - - - - -- Renter No. Pct. No. Pct. Trade Area 1 4,058 75.7 1,304 24.3 (One -mile radius) ' Trade Area 2 25,406 65.5 13,407 34.5 (Three -mile radius) Trade Area 3 51,228 67.8 24,342 32.2 (Five -mile radius) Sources: Bureau of the Census: U.S. Census of Housing and Population, 1990 Claritas, Inc. Household Income Table 5 shows the median household income for each trade area in 1989 (1990 Census) with an estimate for 1994 as well as the household income distribution. ' The median household income in Trade Area 1 was $39,684 in 1989 and by 1994, had increased to $44,257, an increase of 11.5 percent or an average annual in- crease of 2.2 percent. The median household income in Trade Area 2 was $36,529 in 1989 and $41,529 in 1994, an increase of 13.7 percent or an average annual increase of 2.6 percent. Trade Area 3's median household income was $35,822 in 1989 and $40,751 in 1994, an increase of 13.8 percent or an average annual increase of 2.6 percent. These median incomes compare to $36,804 in 15 i TABLE 5 TRADE AREA INCOME DISTRIBUTION 1989 (1990 Census) - 1994 1989 (1990 Census) 1994 No. Pct. No. Pct. Trade Area 1 (One -Mile Radius) Under $10,000 380 7.3 320 6.2 $10,000 - $19,999 580 11.1 506 9.7 $20,000 - $29,999 585 15.5 693 13.3 ' $30,000 - $34,999 424 8.1 382 7.4 $35,000 - $49,999 1,414 27.2 1,229 23.7 $50,000 - $74,999 1,171 22.4 1,342 25.9 $75,000 and Over 437 8.4 718 13.8 ' Total 5,217 100.0 5,190 100.0 Median Household Income $39,684 $44,257 Trade Area 2 (Three -Mile Radius) Under $10,000 3,259 8.7 2,709 7.2 $10,000 - $19,999 5,095 13.7 4,375 11.7 $20,000 - $29,999 6,019 16.1 5,216 13.9 $30,000 - $34,999 3,129 8.4 2,782 7.4 $35,000 - $49,999 9,319 25.0 8,188 21.9 $50,000 - $74,999 7,885 21.1 9,298 24.8 $75,000 and Over 2,593 7.0 _4,872 13.0 Total 37,299 100.0 37,433 100.0 Median Household Income $36,529 $41,529 Trade Area 3 (Five -Mile Radius) ' Under $10,000 6,628 9.1 5,551 7.6 $10,000 - $19,999 10,224 14.1 8,693 11.9 $20,000 - $29,999 11,910 16.4 10,583 14.4 $30,000 - $34,999 6,367 8.8 5,436 7.4 $35,000 - $49,999 17,213 23.7 15,676 21.4 $50,000 - $74,999 14,675 20.2 17,695 24.1 $75,000 and Over 5,643 7.7 9,665 13.2 Total 72,660 100.0 73,299 100.0 Median Household Income $35,822 $40,751 Twin Cities Metro Area Median Household Income $36,804 $41,439 Note: Percents may not add to 100.0 due to rounding. Sources: Claritas, Inc. ' Maxfield Research Group, Inc. 16 1989 and an estimated $41,439 in 1994 for the Twin Cities Metropolitan Area. The Twin Cities Metropolitan Area's median household income increased at an average annual rate of only 2.4 percent. These figures show that median house- hold incomes in Trade Areas 2 and 3 increased faster than that for the Twin Cit- ies as a whole. However, the average annual growth rate for median household ' incomes in the Trade Areas and in the Twin Cities Metro Area was still below the 3.0 percent inflation rate which indicates that household incomes are not keep- ing pace with inflation. Trade Area 2 (three -mile ring) includes a large portion of southern Brooklyn Cen- ter. This area contains a substantial number of apartments and households occupy- ing those apartments would likely have lower household incomes than homeowners in that same area. Trade Area 3 includes a large portion of New Hope, Robbins - dale, and Crystal, all fully - developed suburban areas of the Twin Cities. Many of ' these communities have an aging population with significant proportions of senior households. Seniors often have lower annual incomes, on average, although they may have greater net worth. The inclusion of a number of persons in this age 1 category may explain, in part, the lower median household income for this trade area. Table 5 also shows the distribution of household incomes for each trade area. The table reveals that Trade Area 1 had the highest proportion of households with the highest incomes, 39.7 percent of Trade Area 1 households were estimated to have incomes of $50,000 and over in 1994. Trade Areas 2 and 3 had similar proportions, but slightly lower, 37.8 percent of households in Trade Area 2 and 37.3 percent of households in Trade Area 3 were estimated to have incomes of $50,000 and over in 1994. Trade Area 3 (five -mile ring) was estimated to have the greatest proportion of lower income households (households earning less than $20,000 annually), estimated at 19.5 percent compared to only 15.9 percent in Trade Area 1 in 1994. Household Spending Patterns Table 6 shows estimated household spending patterns for various types of products and services in each trade area in 1994. Figures are shown for total expenditures and per household and per capita expenditures. The table reveals that each of the trade areas shows households spend more, on average, for all types of goods and services than households, on average, in the nation. Each index is above 100, the par value. 17 TABLE 6 TRADE AREA HOUSEHOLD EXPENDITURES ' BY SELECTED PRODUCT TYPE 1994 ' -------------------------------- Expenditures-------------- - - - - -- Total Percent of Category (000's) Per HH Per Capita U.S. Average Trade Area 1 (One -mile radius) Food at Home $15,548 $2,996 $1,102 106 Food Away from Home 11,095 2,138 787 111 Alcoholic Beverages at Home 1,001 193 71 108 Alcoholic Beverages Away 898 173 64 112 ' Personal Care Products 1,274 245 90 109 Personal Care Services 1,007 194 71 107 Over the Counter Drugs 401 77 28 106 Women's Apparel, 16+ years $3,836 $739 $272 110 Men's Apparel, 16+ years 2,199 424 156 112 ' Girl's Apparel, 2 -15 years 595 115 42 112 Boys Apparel, 2 -15 years 466 90 33 110 Children's Apparel Under 2 years 435 84 31 108 Footwear 1,498 289 106 ill. Housekeeping Supplies $1,955 $377 $139 109 Lawn and Garden Supplies 266 51 19 109 Domestic Services 2,383 459 169 105 Household Textiles 626 121 44 110 Furniture 1,993 384 141 111 ' Floor Coverings 626 121 44 108 Major Appliances $869 $167 $62 108 1 Small Appliances/ Miscellaneous Housewares 456 88 32 110 TV, Radio, Sound Equipment 2,877 554 204 110 Other Entertainment ' Equipment/Services 4,112 792 292 112 Vehicles Supplies/Services 10,518 2,027 746 110 Total $66,934 $12,898 $4,745 Trade Area 2 (Three -mile radius) ' Food at Home $109,507 $2,925 $1,105 103 Food Away from Home 78,677 2,102 794 109 Alcoholic Beverages at Home 7,002 187 71 104 Alcoholic Beverages Away 6,527 174 66 113 Personal Care Products 9,011 241 91 107 Personal Care Services 6,885 184 69 102 Over the Counter Drugs 2,784 74 28 102 18 TABLE 6 TRADE AREA HOUSEHOLD EXPENDITURES ' BY SELECTED PRODUCT TYPE 1994 (Continued) -------------------------------- Expenditures------------ - - - - -- Total Percent of Category ,(DOD's) Per HH Per Capita U.S. Average Trade Area 2 (Continued) (Three -mile radius) Women's Apparel, 16+ years $26,674 $713 $270 106 Men's Apparel, 16+ years 15,404 412 155 108 ' Girl's Apparel, 2 -15 years 4,320 115 44 113 Boys Apparel, 2 -15 years 3,382 90 34 ill Children's Apparel, Under 2 years 3,272 87 33 112 ' Footwear 10,570 282 107 109 Housekeeping Supplies $13,639 $364 $138 $105 Lawn and Garden Supplies 1,843 49 19 104 1 Domestic Services 17,319 462 175 106 Household Textiles 4,338 116 44 106 Furniture 14,194 379 143 109 ' Floor Coverings 4,362 117 44 105 Major Appliances $5,999 $160 $61 104 Small Appliances/ Miscellaneous Housewares 3,168 85 32 106 TV, Radio, Sound Equipment 20,434 546 206 108 Other Entertainment/ Equipment/Services 28,862 771 291 109 Vehicle Supplies/Services 73,801 _ 1,972 745 107 Total $471,974 $12,607 $4,765 Trade Area 3 (Five -mile radius) Food at Home $213,548 $2,913 $1,128 103 Food Away from Home 152,247 2,077 804 108 Alcoholic Beverages at Home 13,620 186 72 104 Alcoholic Beverages Away 12,457 170 66 110 Personal Care Products 17,483 239 92 106 Personal Care Services 13,688 187 72 103 ' Over the Counter Drugs 5,495 75 29 103 Women's Apparel, 16+ years $51,931 $708 $274 105 Men's Apparel, lb+ years 29,814 407 158 107 ' Girls' Apparel, 2 -15 years 8,242 112 44 110 Boys' Apparel, 2 -15 years 6,490 89 34 108 Children's Apparel, Under 2 years 6,213 85 33 109 1 Footwear 20,415 279 108 107 19 ' TABLE 6 TRADE AREA HOUSEHOLD EXPENDITURES BY SELECTED PRODUCT TYPE 1994 (Continued) -------------------------------- Percent of Category M s� Per HH Per Capita U.S. Average Trade Area 3 (Continued) (Five -mile radius) ' Housekeeping Supplies $26,624 $363 $141 105 Lawn and Garden Supplies 3,656 50 19 106 ' Domestic Services 33,999 464 180 106 Household Textiles 8,467 116 45 105 Furniture 27,616 377 146 109 Floor Coverings 8,595 117 45 105 Major Appliances $11,776 $161 $62 104 Small Appliances 6,195 85 32 106 ' TV, Radio, Sound Equipment 39,504 539 209 107 Other Entertainment/ Equipment/Services 55,920 763 295 108 Vehicles/Supplies/Services 142,644 _ 1,946 754 105 Total $916,639 $12,508 $4,842 Sources: Claritas, Inc. Maxfield Research Group, Inc. Households in Trade Area 1 tend to spend more on items such as men's clothing, building materials and supplies, household appliances, and lawn and garden sup- plies. Given the higher proportion of owner households in this trade area as well ' as a greater number of older adults, (age 45 to 64), these higher proportions ap- pear to be reasonable. Expenditures in Trade Area 1 for Food, Clothing, and Other Household items to- taled $66.9 million. Expenditures for these items in Trade Area 2 totaled $472.0 million. Total expenditures in Trade Area 3 were $916.6 million. Food at and away from home represented the largest proportion of total household expenditures in each trade area at 40 percent. The next largest category was vehicle supplies and services which accounted for 16 percent of total expenditures in each trade ' area. Clothing accounted for 13.5 percent of total expenditures in each trade area. Combined, these three categories accounted for nearly 70 percent of expenditures by trade area households for Food, Clothing, and items associated with operating and servicing a vehicle. 20 The table also shows that per household expenditures for each of the three trade areas ranged from $12,508 in Trade Area 3 to $12,898 in Trade Area 1. Trade ' Area 1 showed a slightly higher total for per household expenditures than did households in Trade Areas 2 and 3. The slightly higher total per household ex- penditures for Trade Area 1 reflects slightly higher household incomes in this trade area versus Trade Areas 2 and 3. Per capita expenditures were highest in Trade Area 3, $4,842 per person versus $4,745 per person in Trade Area 1. The higher per capita expenditure total for Trade Area 3 reflects the smaller household size for that area. Tables 6 and 7 (Expenditures by Selected Type of Store) also show expenditures ' as a percent of the U.S. average (U.S. average = 100) using an index. Table 6 reveals that Trade Area 1 expenditures for personal care items is estimated to be 109, indicating that households in the trade area are spending more (9 percent ' more), on average, for personal care items than do households in the nation as a whole. Expenditures for men's clothing were also considerably higher, on average, than the nation as a whole, with an index of 112 for Trade Area 1. Trade Area 2 exhibit- ed greater expenditures for girls clothing (age 2 -15 years) with an index of 113. 1 Trade Area 3 did not distinguish itself substantially in any one category from the other trade areas or from the nation as a whole. Retail categories showing a higher value (typically 4 percentage points higher) in Trade Area 1 than in the other trade areas are: ' Personal Care Items Non - prescription Drugs Women's Clothing ' Men's Clothing Expenditures for girls' clothing ages 2 to 15 were higher in Trade Area 1 (value ' of 112) and in Trade Area 2 (value of 113) than in Trade Area 3 (value of 110). This supports the findings of a proportionally lower children and teen population in Trade Area 3 as compared to Trade Areas 1 and 2. This higher proportional expenditure for girls' clothing in Trade Area 1 may also indicate a higher propor- tion of grandparents purchasing clothing for their grandchildren. Trade Area 1's high proportion of home ownership is also revealed in the spend- ing patterns data shown on Table 6. Expenditures were higher in the four catego- ries that comprise the largest housing related purchases, including the following: Housekeeping Lawn /Garden Major Appliances Building Material Stores 21 ' TABLE 7 EXPENDITURES BY SELECTED TYPE OF STORE 1994 Trade Area 1 Trade Area 2 Trade Area 3 Total Expenditures Total Expenditures Total Expenditures 1 Pct. of Pct. of Pct. of Categon' (000's) U.S. Avg. L000'sl U.S. Avg. (000's) U.S. Avg. Building Materials and Supplies $526 112 $3,620 107 $7,131 107 Hardware Stores 1,155 112 8,098 109 15,882 109 Lawn and Garden Supply Stores 241 114 1,674 109 3,268 109 ' Auto Supply Stores $1,705 109 $12,004 106 $23,352 106 Gas/Service Stations 6,951 110 48,716 107 93,940 105 ' Grocery Stores 21,034 106 148,045 104 287,301 103 Drug Stores 4,064 107 28,490 104 55,773 104 Eating Establishments $10,091 114 $71,498 112 $137,681 110 Drinking Establishments 579 114 4,174 114 8,013 112 Department Stores $12,471 112 $87,874 110 $170,967 109 Apparel Stores 4,288 113 30,226 111 58,534 110 Shoe Stores 1,159 112 8,210 110 15,842 109 Furniture/Home Furnishings 2,237 112 15,792 109 31,046 110 Household Appliance Stores 832 110 5,785 106 11,461 107 Radio/TV/Music Stores 1,248 111 8,845 109 17,288 109 Total $68,581 $483,051 $937,479 ' Sources: Claritas, Inc. Maxfield Research Group, Inc. A comparison of Tables 6 and 7 also reveals that estimated aggregate expenditures for selected types of products on Table 6 as compared to aggregate expenditures at selected stores shows that for some product categories, households are purchas- ing these products at a wider variety of stores (i.e., music cassettes and videos at other than music stores). Often the general merchandiser such as Target, KMart, Kohl's, have captured a portion of several different markets. General merchandis- ers hold portions of the apparel, hardware, lawn and garden, home furnishings, household textiles, music and entertainment, personal care products, etc. markets. Some of the differences between aggregate expenditures at certain types of stores for different types of products can be explained by households purchasing these ' goods at several different types of retailers. 22 RETAIL MARKET REVIEW ' Introduction ' This section reviews the major retail areas within a five -mile radius of the subject property. In addition, an inventory was made of shopping centers, compiling infor- mation on age, size, current tenant mix, vacancies, lease rates and expenses. An analysis was also made based on type of merchandise available (i.e., apparel, build- ing materials, general merchandise, cards /gifts, restaurants, drugs, appli- ance /electronics, etc.). Any planned or proposed retail development in each of the ' trade areas was also identified. Shopping centers have typically been divided into three categories -- neighborhood, ' community, and regional - -each with a clear and distinct function, trade area, and tenant mix. However, in actual practice, the distinction among the three types has not always been clear. Further, as specialized market opportunities have been ' identified, several subtypes (specialty, power, outlet) of centers have evolved. These subtypes can themselves be considered distinct and basic categories or they can be considered subtypes of the three basic categories, with trade area character- ' istics used as the controlling factors in classification. In all cases, even within the variations, the major tenant classifications determine the type of shopping center. Tenant classifications and auxiliary facilities are in keeping with the territory from which the center draws customers. Neither the site ' area nor the building size determines the type of center. The industry has often classified centers by size alone. In fact, a major survey of centers published biennially, as well as much of the work of International Council ' of Shopping Centers (ICSC), has used size to classify centers. However, size alone is inadequate in defining shopping centers since it implies a direct correlation be- ' tween center size and trade area, tenant characteristics and mix, and functions served in terms of categories of retail goods. All of these factors should be used to classify shopping center types. A convenience center is a small neighborhood center, typically less than 30,000 square feet and at times, with only 10,000 to 15,000 square feet. This type of ' center is usually anchored by a convenience store (such as a Brook's Market, Tom Thumb, SuperAmerica) or a restaurant. The primary draw area for a convenience center would be within one mile. ' The neighborhood center provides for the sale of convenience goods (food, drugs, and sundries) and personal services (those that meet the daily needs of an immedi- ate neighborhood trade area). A supermarket is the principal anchor tenant in a neighborhood center. Consumer shopping patterns show that geographical conve- nience is the most important factor determining the shopper's choice of supermar- kets. A wide selection of merchandise and customer service are secondary 23 ' considerations. Other principal tenants in the neighborhood center are the drug- store and the small variety store. Often centers not having a supermarket but similar in size to neighborhood centers are referred to as neighborhood centers; ' however, unless other food tenants can be aggregated as the equivalent to a super- market, the center would probably be more appropriately classified as a small com- munity center since to be successful it would likely have to draw from a larger market area. ' The neighborhood center has a typical gross leasable area (GLA) of about 50,000 square feet; however, it may generally range from 30,000 to 100,000 square feet. According to Dollars and Centers of Shopping Centers: 1993, the neighborhood center ' had a median size of 62,370 square feet in a sample of 296 centers. Its site area usually requires from three to 10 acres; the neighborhood center normally serves a trade area population of 3,000 to 40,000 people within a five- to 10- minute drive. ' Initially, the community center was developed around a junior department store or large variety store as its anchor tenant, in addition to the supermarket. Of all the basic center types, the community center has undergone and is undergoing the most change in characteristics. The junior department store and variety store, while not extinct as anchor tenants, are much less prevalent, having been supplant - ed as principal anchor tenants by the discount or off -price department store, or by a strong specialty store such as a hardware/home improvement store or a combined drug/variety /garden center. Large -scale furniture warehouse stores and discount ' catalog display and pickup stores are other possible anchor tenants. A community shopping center can largely be defined by what it does and does not have. It does not have a full -line department store, which would automatically categorize it as a regional shopping center. It does have a market area larger than a neighborhood center and thus draws customers from a greater distance. It ' offers greater depth and range of merchandise in shopping and specialty goods than the neighborhood center. It tends also to provide certain categories of goods that are less likely to be found in regional centers, such as furniture, hardware, ' and garden and building supplies. According to the Urban Land Institute, the community center is the in- between r center; some neighborhood centers have the potential to grow into community cen- ters just as some community centers can expand into regional centers, although this has not occurred in the Twin Cities Metropolitan Area. The community center has a gross leasable area of about 150,000 square feet but may range from 100,000 to 300,000 square feet. The median center size out of a sample of 316 centers in Dollars and Cents of Shopping Centers: 1993 was 161,000 square feet. The community center needs a site of 10 to 30 acres. It normally 24 serves a trade area population of 40,000 to 150,000 people within a 10- to 20- minute drive. ' In a large metropolitan area, a community center is vulnerable to competition. It is too large to thrive off its immediate neighborhood trade area and too small to make a strong impact on the whole community, unless it is located in a smaller city with a population ranging from 50,000 to 100,000 persons. The development of a strong regional center, with the pulling power of one or more department stores, may impinge on a community center's trade area. But in a normally strong market area, both can succeed, even if they are close to one another, because of the difference in the types of merchandise offered and because the community ' center is a shorter distance from its support market. In cities with populations of 50,000 to 100,000, the community center, although lacking a full -line department store, may actually take on the stature of a regional center because of the center's local dominance and pulling power. An off -price or discount store may function as the leading tenant, substituting for a full -line depart- ' went store. Of all the centers, the community shopping center is the most difficult to estimate in terms of its market size and its drawing power. Because the community center offers some shopping goods and, in certain cases, special categories of goods, the market area is less predictable. ' Table 8 resents selected characteristics of different size shopping centers as taken p PP from Urban Land Institute's Shopping Center Development Handbook. The table ' reveals that for a neighborhood center, a minimum support population for an aver- age of 50,000 square feet is between 3,000 and 40,000 persons. The general range for a neighborhood shopping center is between 30,000 and 100,000 square feet. The typical range in size for a community shopping center is between 100,000 and 300,000 square feet with the average being 150,000 square feet. The minimum ' population support required for this type of center is between 40,000 and 150,000 persons. Both a regional center and a super regional center would be beyond the scope of alternatives for this site. Comparison of Trade Area Community/Neighborhood Shopping Centers Table 9 shows a comparison of lease rates, vacancies, and anchor tenants for the shopping centers of 30,000 square feet or more in the trade areas. It should be noted that the total GLA and vacant GLA listed on the table includes both the center itself as well as adjacent freestanding stores. The map on the following page identifies retail concentrations within five miles of the subject property. Brookdale Shopping Center is a regional shopping mall located at Highway 100 and Brooklyn Boulevard in Brooklyn Center. Because of its regional size, this mall has also attracted substantial peripheral retail development which is categorized 25 ... ....... h­ .... X.H. . ......... X ST. t.-- AM K 53RD AVE A _A�u §PRIN 0 Eo�� ::LAKE H.1A 2974 10 FOP. 6A77 85th Avenue North Area 70 ... ......... .... ... prsn ::.-OSBORNE RD.:.-:, F 81ST AVE K. Zane Avenue Area 47 2 77Th ; fi 3 F_kU 152 Si te MISSISSIPPI ST. FRI EY .... North Brooklyn Boulevard Area ..'':` '3RD . :: 5 2 2 TH AYE. k �,V. EST M I A P Moore gle Lake 35 5 2 Lake X Brookdale Area E3R P.A.J. A BR x.L y N .. ........ E R 94 .... ........ U ........ Pik- a • i VA 1,230 59T AVE I CRYSTAL 100 Lake F.A_U N Crystal Area 57TH ....... ........ 7 F_�kU ' :;i_ SETH 152 .. L A POP. 81 7 Twin Rol7r ., jCOLUM Lak BIA 2 45TH AV--- 11: N. HEI TS Si F. POP. '20,02 A. IJJ. New Hope Area tOTN AYE fi Robbinsdale Area 47 ST -K-ORD INC f . U rA 5 A OP. 1,9.,922 (`.42 A YE C F.A U 6 33RD IPAv C JgDOWLIN c AVE N. 3 T)i PL SE TH AVE ':SSTM 2 � AVE. N. ?STX ' _ .... . ... < 3 A - ikm Poa 7 ......... ... _P 16 M I �O L I S LOWRY Y AVE N. �dicine < 'f F F.A-U. ' Lake= , .� -::- ::.::: ° � � IZ5►. 370.951 c- 94 -A, U 7f ..... AVE. 16TH AYE. A19 ;3 TH U 66 GOLDEN VALLEY POP. 22,775 S n e PLYM OV TIM Lale AVE. Us 1 St. 0 Twin F.A.U. r VA., 55 W MV -71 55 P ­_ WiTrIl L. F.A.U. All 52 < 11 AY?ATA ........ O BLVD. 12 12 ` 394 indsor 394 6 VA U. NI 1 DE LAN C da Jc a ' ;FTannan Lake 25 -01 fhe ST. W. P = 26 TH ST. 1 6 les F.KLL t4o rlb L M J. X Retail Concentrations ' TABLE S CHARACTERISTICS OF SHOPPING CENTERS General Usual Minimum Leading Tenant Typical Range Minimum Site Population (Basis for GLA in GLA Area (Acres) Support ' Center Type Classification) Sq. Ft. Sq. Fe Required Neighborhood Supermarket 50,000 30,000- 3 -10 3,000- ' Centers 100,000 40,000 Community Junior Department Store, 150,000 100,000- 10-30 40,000- ' Centers Large Variety, Discount, 300,000 150,000 or Department Store Regional Centers ' Regional Center One or More Full -Line 400,000 300,000- 10 -60 150,000 Department Store(s) 900,000 or More Super Regional Three or More Full -Line 800,000 500,000- 15- 100 300,000 Center Department Store(s) 1.5 million or More or More or More Source: Urban Land Institute: Shopping Center Development Handbook in -depth on Table 11. Retail centers in Coon Rapids are more than five miles from the site and are too distant to attract most trade area shoppers. Downtown ' Osseo does not have a large amount of competitive retail space and does not di- rectly compete with the larger shopping centers identified in the following commer- cial areas. ' Brookdale Shopping Area t Brookdale Center has approximately 1,040,000 square feet of space and is anchored by four major department stores, JC Penney's, Carson Pirie Scott, Daytons, and Sears. This center . is the only one -level super - regional center and the smallest of ' the four "Dales." There have been comments in a number of news articles re- garding the future viability of this mall. Nevertheless, Brookdale and its attendant development constitute the retail hub of Brooklyn Center and this area draws cus- tomers from several miles in every direction. ' Four community centers surround Brookdale Mall and range in size from 70,000 to 150,000 square feet. Freestanding stores adjacent to these centers increase the total retail space to a range of 75,000 to 304,900 square feet. Altogether, adjacent shopping centers and peripheral stores comprise more than 1.5 million square feet. Large amounts of vacant space in Brookdale Square and Westbrook Mall contrib- ute to an overall vacancy rate of 21 percent among these peripheral centers. 27 ' TABLE 9 SHOPPING CENTER COMPARISON ' NEIGHBORHOOD AND COMMUNITY CENTERS LEASE RATES AND VACANCY RATE June 1994 Total GLA* Net Lease Rate/ Year Vacant GLA* Expenses ' Name /Address Opened Vacancy Rate Per Square Foot Anchor Tenants Brookdale Area ' Shingle Creek Center 1986 304,900 $10 -$15 Target, K -Mart, & Periphery 8,600 $6.00 Best Buy Shingle Creek Pkwy./ 2.8% Summit Drive Brookdale Square 1980/89 226,000 $6413 Circuit City, ' Shingle Creek Pkwy./ 128,000 $4.50 UA Theatres, Earle Brown Drive 56.6% Drug Emporium Northbrook Plaza & Periphery 1955 91,400 $8.50 Minnesota Fabrics P ry Highway 100 & 50,300 $3.00 Logan Ave. N. 55.0% ' Westbrook Center 1975 77,000 $9 -$10 Hirschfields 56th Street & 62,800 $7.70 Dayton's Home Store Xerxes Ave. N. 79.0% Brookview Plaza & 1986 112,400 $12.00 F & M Drug, Periphery & 14,500 $4.00 Office Max Earle Brown Drive 12.9% ' & Summit Drive Humboldt Square 1973 40,000 $6.00 Brooks Market 69th Avenue N. & 8,000 $4.00 Humboldt Avenue 20.0% Zane Avenue & Brooklyn Blvd. Area ' Village North 1971 182,300 $10.00 Walgreen Drug Zane Avenue & 5,100 $4.73 Northwest Fabrics ' Brooklyn Blvd. 2.8% Burger Brothers Zanebrook Center 1966 119,700 $8412 Lane's Hardware ' & Periphery 6,500 $3.00 Synder Drug Zane Avenue & 7.0% Brooklyn Blvd. The Commons 1982 46,200 $8412 Brooks Superette 85th Avenue N. & 11,000 $4.95 Aurelio's Pizza West Broadway 23.8% 28 TABLE 9 SHOPPING CENTER COMPARISON NEIGHBORHOOD AND COMMUNITY CENTERS ' LEASE RATES AND VACANCY RATE June 1994 (Continued) Total GLA• Net Lease Rate/ ' Year Vacant GLA' Expenses Name /Address O_nened Vacancy Rate Per Square Foot Anchor Tenants Zane Avenue & Brooklyn Blvd. Area (Continued) Creekside Plaza 1989 30,000 $9 -$10 Speedy Market 85th Avenue N. & 0 $5.50 Big Wheel Rossi ' Noble Avenue 0.0% Highway 81 & Brooklyn Blvd. ' Starlite Center 1986/95 163,000/272,000 N/A Target Greatland Broadway & 0 Cub Foods Brooklyn Blvd. 0.0% ' Park Square 1987 137,100 $10 -$14 Rainbow Foods Broadway & 19,485 $5.42 ' Brooklyn Blvd. 14.2% Northwinds Plaza 1988 54,000 $10 -$13 Lifetime Fitness Broadway & 1,000 $5.00 MGM Liquors ' Highway 152 2.2% Park Common 1984 48,000 $9 -$10 None 85th Avenue N. & 3,200 $5.25 ' Broadway 7% Carousel Center N/A 37,000 N/A Bingo Hall ' Hwy. 81 & 0 Kaplan Brothers 76th Avenue N. 0.0% ' Crystal Center Area Crystal Center 1955 342,050 $12 -$17 Target Willow Bend & 2,750 $4.98 Marshalls West Broadway 0.8% Minnesota Fabrics Crystal Gallery 1985 84,100 $11 -$12 Title Wave ' West Broadway & 6,149 $6.94 Old Country Buffet Bass Lake Road 7.3% Pier One Imports 29 TABLE 9 SHOPPING CENTER COMPARISON NEIGHBORHOOD AND COMMUNITY CENTERS ' LEASE RATES AND VACANCY RATE June 1994 (Continued) Total GLA* Net Lease Rate/ ' Year Vacant GLA* Expenses Name /Address Opened Vacancy Rate Per Square Foot Anchor Tenants Robbinsdale Area ' Robin Center 1955 100,500 $10.00 Thompson Oak 40th Avenue N. & 4,420 $2.36 Furniture ' Lakeland Avenue N. 4.4% Sherwin Williams Merwin Drugs Town Center 1989 55,000 $11414 Institute of Athletic ' 40th Avenue N. & 12,000 $5.50 Medicine Lakeland Avenue N. 21.8% Weight Watchers Walgreens Terrace Mall 1979/94 124,000 $9 -$14 Rainbow Foods 5301 W. Broadway 18,900 $3.15 Blockbuster Video ' 15.2% Terrace Theatre New Hope Area ' Winnetka Shopping Ctr. 1975 90,720 $11 -$12 SuperValu Winnetka Avenue & 2,800 $5.25 Abbey Carpet 42nd Avenue N. 3.1% Ace Hardware ' New Hope City Center 1965 81,900 $11 -$14 U.S. Swim & Fitness 4203 Winnetka Avenue 4,500 $5.15 Applebee's 5.5% Winnetka Commons 1990 42,400 $9.00 Walgreen's 36th & Winnetka 0 $5.71 Tires Plus ' 0.0% Big Wheel Rossi GLA = Gross Leasable Area in square feet Note: Total GLA and vacant GLA include freestanding space adjacent to each center (referred to as the periphery). Sources: Metropolitan Council: Shopping Center Inventory; (September 1992) Maxfield Research Group, Inc. 30 ' Shingle Creek Center is the only center in Brooklyn Center which fits all the crite- ria for "community center" normally used by industry analysts. The definition in- ' cludes centers of between 100,000 and 300,000 square feet anchored by a discount, small department or variety store, or a large drugstore or grocery store. These centers typically have a trade area of three to five miles. Shingle Creek Center has approximately 140,000 square feet, opened in 1986 and is anchored by Target. The center is located on Shingle Creek Parkway, one - quarter mile north of Brookdale, near a freestanding KMart store (80,000 square feet) and a Best Buy store (approximately 30,000 square feet). The center's vacancy rate of 2.8 percent is one of the lowest in the entire area. Target's presence continues to make this center a major draw for smaller tenants. Brookview Plaza has 70,000 square feet and is anchored by three superstores: Au- ' dio King, F &M Drug, and Office Max. Peripheral space increases the total retail square footage to 112,400 square feet. Located next to Shingle Creek Center on Shingle Creek Parkway, this center draws like a community center because of its ' high profile tenant mix, although the square footage is within the range of a typi- cal neighborhood center. The vacancy rate is 12.9 percent. Brookview Plaza has ' poor visibility and access in comparison to either Shingle Creek Center or Brook- dale Square, making it less desirable to prospective tenants. Brookdale Square originally opened in 1981 as a large neighborhood center, and added two large power anchors in 1989. It is located just south of Shingle Creek Center, at the northwest quadrant of Highway 100 and County Road 10 (57th Ave- nue North). Brookdale Square has 150,000 square feet and is anchored by free- standing UA and General Cinema theatres which account for 20 percent of the total space. Peripheral retail space accounts for another 76,000 square feet. Both ' Children's Palace and T.J. Maxx have since left the center, although Drug Empori- um remains and Circuit City (similar to Best Buy) recently entered the Twin Cities market and opened early in 1994. About 128,000 square feet is vacant for a va- cancy rate of 56.6 percent. A variety of freestanding restaurants are located near this center at Shingle Creek Parkway and County Road 10. Westbrook Mall located across from Brookdale, has 77,000 square feet and is nearly all vacant. Four small stores and a day -care center remain, occupying ap- proximately 14,000 square feet. Best Buy Company, Westbrook Mall's major tenant up until one year ago, moved to their own nearby freestanding building. West- brook has an enviable location across from Brookdale, but this has not been enough to make the center successful. Originally positioned to be a specialty cen- ter, the mall's most recent anchor tenant, Best Buy, and a former large anchor, Kids 'R Us, were power center oriented. This center's turnover included the loss of the Good Earth Restaurant (several years ago) to make room for the Best Buy ' store. ' 31 There are two neighborhood centers in Brooklyn Center. Neighborhood centers can range in size from 30,000 to 100,000 square feet with an average of approxi- mately 60,000 to 70,000 square feet and usually (but not always) have a supermar- ket or gas station/superette as an anchor. Other common anchor tenants would be a drugstore, large liquor store or sit -down restaurant. The two neighborhood cen- ters in Brooklyn Center are Humboldt Square and Northbrook Plaza. Northbrook Plaza is located on 57th Avenue and Highway 100, across from KMart and Kohl's. The center was built in 1955, was renovated in 1988, and has approx- imatel 91400 square feet of which more than 50 p ercent was vacant at the time Y � q P of the survey. Minnesota Fabrics accounts for one -half of the 40,000 square feet ' of occupied space. Country Club Market previously occupied a freestanding build- ing directly across from Northbrook, but the building is now occupied by Northern Hydraulics, an auto parts retailer. When this center was built, Highway 100 was ' at grade in this area, and the center had good visibility. Today, its visibility is poor because the center faces away from Bass Lake Road and is blocked by the freestanding building that Country Club had occupied. Northbrook has a mediocre ' location since it is located on the east side of Highway 100, away from most of the other retail in Brooklyn Center. Northbrook's exterior was upgraded in 1988 with bright blue and red stripes extending across the length of the center, however ' the blue and red stripes appear garish against the gray cement block. Humboldt Square is located at 69th Avenue North and Humboldt Avenue and is ' the smallest of the centers. Built in 1973 with about 40,000 square feet, about 20 percent is currently vacant. The center's exterior is very plain and presents a tired appearance. The center is anchored by a 3,500 square foot Brooks Market (super- , ette). Humboldt Square is located near the highest concentration of apartment housing (generally with low rents), and attracts lower income households in the community. Although management has been working to reposition and upgrade this center, it has continued to experience image problems and leasing agents have had difficulty filling vacant spaces. ' The Brookdale retail area also has a number of freestanding facilities which include building materials, general merchandise, home furnishings, and toy stores. A brief ' description of these stores is given below. These stores have been included in the total square footages shown on Table 9. Builder's Square with 210,000 square feet is attached to a 50,000 square foot Red Owl Country Store supermarket which is located at 63rd Avenue and Brooklyn Boulevard. Kohl's, a soft goods department store, has about 75,000 square feet and is located in a newer building south of County Road 10 adjacent to Brookdale on Highway ' 100. Also at County Road 10 is a Jerry's New Market grocery store. 32 e JoAnn Fabrics with about 15,000 square feet, and St. Paul Book and Stationery with approximately 10,000 square feet, are both located on County Road 10 east ' of Xerxes Avenue North. A Slumberland store with approximately 23,000 square feet is situated near the Shingle Creek Center, adjacent to KMart. A Toys 'R Us superstore with 33,000 square feet is located south of Brookdale Center on Brooklyn Boulevard and Highway 100. Table 10 shows square footage by type of retail category at retail centers and free - ' standing facilities in the Brookdale shopping area. The table shows that excluding Brookdale, building materials, general merchandise, and home furnishings stores ac- count for the three largest retail spaces in this area with a total of approximately ' 654,000 square feet. Non - retail uses include professional offices and movie theatres. The overall retail vacancy rate was about 20 percent. ' Zane Avenue and Brooklyn Boulevard Shopping Area This commercial area is situated about 1.5 miles north of the subject property and ' has approximately 302,000 square feet of retail space with very few vacancies. This retail area includes the Village North shopping center (community center), a smaller neighborhood center ( Zanebrook), and peripheral development, all described below: ' Villaize North was built in 1971 and has about 182,000 square feet with a vacancy rate of 2.8 percent. It is anchored by Burger Brothers, Walgreens, Fashion Foot- wear, Northwest Fabrics, Northwestern Bookstore, and Circus Pizza. The center is situated south of Brooklyn Boulevard at Zane Avenue. Zanebrook Center and peripheral buildings total approximately 119,700 square feet. Major retailers include a 20,000 square feet Koop's Grocery, an 8,000 square feet Snyder's Drug, and Lanes Hardware. The center itself is full, but vacant space among peripheral stores was about 6.500 square feet for an overall vacancy rate of ' about 5.0 percent. This center is located on Zane Avenue, north of Brooklyn Boulevard. The center was built in 1965 and was renovated in 1987. ' Thirteen freestanding restaurants, ranging from fast food to higher - priced sit -down are also located in this area. Some of the higher profile franchise operations in- clude Applebee's, Arby's, Baker's Square, Burger King, Godfather's Pizza, ' McDonalds, Pannekoeken Huis, Pizza Hut, and Rocky Rococo Pizza. The City of Brooklyn Park recently completed a study of the redevelopment poten- t tial for this area and a business association was organized. The city will continue to assign public staff to assist existing retailers with marketing and promotions and to recruit new businesses. Upgrading the quality and selection of stores at this location is the stated objective. 33 TABLE 10 SQUARE FOOTAGE BY TYPE OF RETAIL CATEGORY BROOKDALE AREA June 1994 Shingle Brookview Westbrook Builder's Total Creek Ctr. Plaza Brookdale Northbrook Free Mall Square/ Brookdale Memo: Retail Category & Periphery & Periphery Square & Periphery Standing & Periphery Kohl's Country Area Brookdale Store Building Materials 210,000 210,000 General Merchandise 202,600 75,000 277,600 Apparel/Shoes /Access. 10,300 2,000 4,500 16,800 Home Furnishings 59,000 38,500 33,000 - -- 36,000 166,500 Eating & Drinking 7,400 4,500 2,500 4,600 21,000 40,000 Drugs - -- 22,500 18,000 - -- - -- 40,500 Misc. Retail 5,000 15,000 4,500 18,000 48,000 11,200 101,700 Food Stores 0 - -- - -- - -- 25,000 25,000 Services 12,000 5,000 - -- 14,000 - -- 50,000 31,000 Auto Service - -- 9,500 - -- - -- 21,000 - -- - -- - -- 30,500 Subtotal 296,300 95,000 58,000 38,600 155,500 11,200 75,000 260,000 989,600 1,014,000 Non - Retail Uses 0 2,900 40,000 2,500 - -- 3,000 0 0 48,400 0 Vacant 8,600 14,500 128,000 50,300 - -- 62,800 0 0 262,200 26,000 Total Space 304,900 112,400 226,000 91,400 155,500 77,000 75,000 260,000 1,300,200 1,040,000 Vacancy Rate 2.8% 12.9% 56.6% 55.0% 0.0% 79.0% 0.0% 0.0% 20.2% 2.5% Major Stores: Target F &M UA MN Dayton's Best Buy Office Max Movies Fabrics Home Store Hirschfeld's KMart Slumberland Mr. Jo -Ann Brookdale Movies Fabrics Cinema Toys -R -Us Other Stores: LeAnn Chin Jenny Craig Paper Whse Subway Jerry Leonard Kid's Play Mailboxes Perkins Chinese Food Pilgrim Minnegasco Funcoland Tire Plus Karate Cleaners CD Exchange Altra Auto Benson Optical Rental Great Clips Chuck Wagon Payless Shoes Inn Treasure Chest Source: Maxfield Research Group, Inc. Highway 81 and Brooklyn Boulevard Shopping Area ! Several major discount stores are located near this intersection; Target Greatland, Cub Foods, and Rainbow Foods are all located here. Numerous freestanding stores are located north of this intersection along Highway 81. Except for Starlite Center which is not yet developed, the other shopping centers located along the ! northwest portion of Brooklyn Boulevard are shown on Table 11 and discussed below. ! Starlite Center currently consists of two freestanding stores: Target Greatland with 100,000 square feet and Cub Foods with 63,000 square feet. A new Cub Foods ! store with 89,000 square feet will open in January 1995, immediately to the south- west of its current building. The new Cub Foods will be physically connected to the Target store with approximately 20,000 square feet of new retail space for ! smaller stores. The old Cub Foods store will be subdivided into small retail spac- es. An MTC transit hub is committed to the site for early 1995. Starlite Center is located at Broadway Avenue and Jolly Lane, south of Brooklyn Boulevard. ! Park Common center has approximately 48,000 square feet which includes a 16,000 square foot Pet Food Warehouse and a 9,000 square foot Title Wave Video store. ! This center is located immediately west of Starlite Center, in the southeast quad- rant of Brooklyn Boulevard and Highway 81. ! Park Square was constructed in 1987 and has a total of 125,000 square feet. This center has a 60,000 square foot Rainbow Foods store and is located north of Brooklyn Boulevard across from Park Common. Some of the smaller tenants in- ! clude Amy's Hallmark, Subway, and Wolff Tanning. Benchwarmer Bob's and Bakers Square restaurants are freestanding. ! Northwinds Plaza has approximately 54,000 square feet and is anchored by a Life- time Fitness health club. Some of the other tenants include MGM Liquors, Now ! Sports, and Mailboxes, Etc.. Carousel Center is a small, older center with 37,000 square feet located on High- ! way 81 at 76th Avenue North. Only 20 percent of the space is occupied by tradi- tional retailers including Kaplan Brothers and Window Fashions. The majority of the space (80 percent) is leased by a bingo hall and storage facility. ! Wal -Mart has 95,000 square feet and is a freestanding facility located north of Brooklyn Boulevard on Highway 81. Menards has 50,000 square feet, plus the lumber yard, and is also freestanding next to Wal -Mart. ! Fleet Farm is situated at the intersection of Highway 169 and Highway 81 in ! Brooklyn Park. Located about three miles from the subject property, this super- store has between 80,000 and 90,000 square feet and is considered a general mer- chandise retailer. 35 ! Table 11 shows square footage by type of retail category at retail centers and free- standing facilities in the North Brooklyn Boulevard shopping area. Most of the retail in this area is concentrated in community and neighborhood centers. The table shows that food stores, eating and drinking establishments, and miscellaneous retail account for the three largest retail spaces in this area with approximately 398,000 square feet. Non - retail uses constitutes a health club facility. The overall retail vacancy rate for centers in this area was approximately 2 percent. Table 12 shows two smaller neighborhood shopping centers that are located on 85th Avenue North in Brooklyn Park. The Commons is situated at the corner of 85th Avenue North and West Broadway and Creekside Plaza is located in the northeast corner of 85th Avenue North and Noble Avenue. The area north of 85th Avenue continues to develop residentially. The growing number of new resi- dents in this area supports the increase in retail development to serve the growing population. The Commons was built in 1984 and has approximately 48,000 square feet. Major tenants include Aurelios Pizza, a family -owned restaurant, and Sherwin Williams Paint. A self -serve gas station is located on a freestanding pad in front of the center. The remaining businesses are primarily small specialty retailers such as Mary D's Dolls, Jack's Bakery, Dancin' on Broadway, Judy's Cottage Florist, Gold- en Dragon Chinese Restaurant among others. Creekside Plaza was built in 1989 and has about 30,000 square feet. This center is anchored by a Speedy Market - convenience store /gas station, and a Big Wheel Rossi auto parts store. Other retailers include a pet hospital, child care, tanning, chiropracter, dentist, Cleaners One, a hair salon, liquor store, film/photo processing. Across the street from Creekside Plaza is Kelly's 19th Hole restaurant/lounge. This center is fully leased at this time. Brooklyn Park's major community and neighborhood retail centers are all on Brooklyn Boulevard, north and west of Brooklyn Center, and this concentration pulls many shoppers out of Brooklyn Center. Brooklyn Center's stretch of Brook- lyn Boulevard appears more fragmented, with no destination points other than the car dealerships. The high traffic counts on Brooklyn Boulevard (36,500 to 43,500 vehicle trips per day north and south of 69th Avenue respectively, as of 1992) and its access from I -694 and Highway 100 make it a logical place for retail and small ' office service development. Brooklyn Boulevard has a substantial amount of retail space located along its Brooklyn Park portion including several restaurants and smaller retail strip centers. Conversely, Brooklyn Center's portion of Brooklyn Boulevard north of I -694 is dominated by car dealerships, and smaller, older free- standing retail and service uses which do not have a high- traffic draw. The age, appearance and random location of many of these small commercial uses creates a negative image of this portion of Brooklyn Boulevard and many of the commercial uses are likely doing only a modest business when compared with the newer, at- tractive centers concentrated in Brooklyn Park. 36 TABLE 11 SQUARE FOOTAGE BY TYPE OF RETAIL CATEGORY NORTH BROOKLYN BOULEVARD June 1994 Starlite Center/ Village Zanebrook Zanebrook Park Park Free Menards/ Retail Category North Center Periphery Square Common Northwind Standing Total Wal -Mart Building Materials 0 9,000 0 0 0 0 0 9,000 50,000 General Merchandise 3,500 0 0 6,300 100,000 0 0 109,800 95,000 Apparel/Shoes /Access. 34,700 0 0 12,000 3,200 0 0 49,900 0 Home Furnishings 3,800 3,600 2,500 0 0 0 0 9,900 0 Eating & Drinking 30,700 0 35,200 0 0 8,100 16,000 90,000 0 Drugs 20,000 8,000 0 0 0 0 0 28,000 0 Misc. Retail 80,800 3,400 8,800 0 28,800 12,900 0 134,700 0 Food Stores 2,700 0 22,800 57,000 63,000 0 0 145,500 0 Services 1,000 3,400 16,500 3,000 16,000 6,000 0 39,900 0 Auto Service 0 0 0 0 0 0 0 0 0 Subtotal 177,200 27,400 85,800 78,300 211,000 27,000 16,000 616,700 145,000 Non - Retail Uses' 0 0 0 0 0 26,000 0 26,000 0 Vacant Space 5,100 0 6,500 0 0 1,000 0 12,600 0 Total Space 182,300 27,400 92,300 78,300 211,000 54,000 16,000 655,300 145,000 Vacancy Rate 2.8% 0.0% 7.0% 0.0% 0.0% 2.2% 0.0% 1.9% 0.0% Major Stores: Burger Bros. Lanes Koop's Grocery Rainbow Cub Foods Lifetime Walgreen's Hardware Clean & Press Foods Title Wave Fitness Northwest Fabrics Snyder Drugs Target Other Stores: Pet Food Whse. Cost Cutters Tom Thumb Big Dollar MGM Liq. Ben Franklin Rent to Own Wong's Chinese Subway Domino's Circus Pizza Gold Key Liq. Beauty Mart Now Fashion Footwear Hallmark Sports Frames & Mr. Stitches Movies Great Clips Pilgrim Clean. Source: Maxfield Research Group, Inc. ' TABLE 12 SQUARE FOOTAGE BY TYPE OF RETAIL CATEGORY BROOKLYN PARK - 85th AVENUE NORTH June 1994 Total ' The Creekside 85th Avenue Retail Category Commons Plaz Centers Building Materials 5,000 0 5,000 General Merchandise 0 0 0 Apparel/Shoes /Accessories 2,000 0 2,000 ' Home Furnishings 0 0 0 Eating and Drinking 8,000 0 8,000 Drugs 0 0 0 Miscellaneous Retail 3,000 2,000 5,000 Food Stores 2,000 7,000 9,000 Services 10,500 15,000 25,500 Auto Service 2,000 4.000 6,000 Subtotal 32,500 28,000 60,500 Non - Retail Uses 0 0 0 Vacant 11,000 0 11,000 ' Total Space 43,500 28,000 71,500 Vacancy Rate 25.3% 0.0% 15.4% ' Major Stores: Aurelios Speedy Pizza Market Sherwin Big Wheel Williams Rossi Source: Maxfield Research Group, Inc. Crystal Shopping Center Area Table 13 shows square footage by type of retail category for the Crystal shopping area. This commercial area is the primary retail shopping district for the City of Crystal and in total, accounts for approximately 494,000 square feet of retail space. Most of the businesses located along Bass Lake Road between Highway 81 and Broadway are small privately owned retail shops. West of Broadway Avenue is ' the Crystal Shopping Center with approximately 342,000 square feet. The center is anchored by a 125,000 square foot Target store. Lee Wards opened in 1993 with about 22,000 square feet. Marshall's discount clothing is also one of the major ' stores in this center. The Crystal Gallery has approximately 54,000 square feet. There are a number of freestanding stores including two larger home furnishing stores, HOM Oak and Leather and Total Bedroom, with approximately 15,000 square feet each. Thriftway Supermarket has approximately 30,000 square feet. 38 TABLE 13 SQUARE FOOTAGE BY TYPE OF RETAIL CATEGORY CRYSTAL AREA i June 1994 ■ Total Crystal Crystal Free Crystal Retail Category Gallery Center Standing Area Building Materials 0 0 0 0 General Merchandise 0 110,000 0 110,000 Apparel/Shoes /Accessories 0 87,300 0 87,300 Home Furnishings 8,500 3,000 30,000 41,500 Eating and Drinking 0 0 12,400 12,400 Drugs 0 43,800 15,000 58,800 Miscellaneous Retail 13,400 67,300 6,000 86,700 Food Stores 0 5,600 30,000 35,600 Services 17,200 22,300 0 39,500 Auto Service 0 0 4,000 4,000 Subtotal 39,100 339,300 97,400 475,800 Non - Retail Uses 4,800 0 0 4,800 Vacant 10,200 2,750 0 12,950 Total Space 54,100 342,050 97,400 493,550 Vacancy Rate 18.9% 0.8% 0.0% 2.6% Major Stores: Title Wave Target Home Oak & Lee Wards Leather Mn. Fabric Total Bedroom Thriftway Note: Square footages include freestanding pads on site. Source: Maxfield Research Group, Inc. ' This retail area's location at Highway 81 and Bass Lake Road is somewhat isolated g Y from the regional Brookdale Shopping Area, and is about three miles from the subject property. However, persons seeking specialty retailers such as HOM Oak and Leather and Total Bedroom or specialty discounters such as T.J. Marc and Marshall's, will likely travel greater distances to shop at these stores. Robbinsdale Retail Area Robbinsdale's major retail shopping district and is located primarily between 37th and 42nd Avenues North along County Road 81. This retail district includes three neighborhood shopping centers in addition to specialty retail goods and services located on West Broadway in the area considered to be Downtown Robbinsdale. Table 14 shows product types and square footages of retail stores at these three centers. 39 TABLE 14 SQUARE FOOTAGE BY TYPE OF RETAIL CATEGORY ROBBINSDALE AREA June 1994 Total Robin Town Terrace Robbinsdale Retail Category Center Center Mall Centers Building Materials 0 0 0 0 General Merchandise 5,000 0 150,000 155,000 Apparel/Shoes /Accessories 2,000 0 8,000 10,000 Home Furnishings 30,000 0 0 30,000 Eating and Drinking 1,000 3,000 3,000 7,000 Drugs 15,000 15,000 0 30,000 Miscellaneous Retail 11,000 3,500 25,000 39,500 Food Stores 40,000 2,000 60,000 102,000 Services 4,000 12,100 10,000 26,100 Auto Service 6,000 0 0 6,000 Subtotal 114,000 35,600 256,000 405,600 Non- Retail Uses 6,000 8,000 60,000 74,000 Vacant 4,400 10,000 19,000 33,400 Total Space 124,400 53,600 335,000 513,000 Vacancy Rate 3.5% 18.7% 5.7% 6.5% Major Stores: Thompson Weight Rainbow Foods Oak Watchers Terrace Theatre Big Dollar Walgreens Blockbuster Family Foods Institute for Video Athletic Medicine Note: Square footages include freestanding pads on site. ' Source: Maxfield Research Group, Inc. The largest and oldest of the three centers is Robin Center located between 40th and 42nd Avenues North, east of County Road 81. The center is anchored by Our Family Foods, Thompson Oak Furniture, and the Big Dollar Store. The cen- ter was built in 1955 and has approximately 120,000 square feet. The center has two vacant bays at this time, totalling about 4,400 square feet with a vacancy rate 4.4 percent based on net rentable area. ' Terrace Mall was built in 1978 and rehabbed in 1994. This community center is anchored by Montgomery Ward department store, Rainbow Foods, the Terrace ' Theatre, and Blockuster Video. The center has approximately 19,000 square feet vacant at this time. Originally, this site was occupied only by the Terrace Theatre before the development of the center. 40 i Town Center is located directly across from Robin Center between 40th and 42 Avenues North. This center was built in 1989 and has approximately 55,000 square feet. The center is anchored by the Institute of Athletic Medicine, Walgreen's Drug, and Weight Watchers. Slammer's sports bar /restaurant occupied one of the larger spaces in the center, but it has since closed and the space is now vacant. Overall, the center has about 10,000 square feet open with an overall vacancy rate of about 18 percent. The location of nearly all of Robbinsdale's retail development along County Road 81 offers residents and visitors of this area convenient access to a substantial vari- ety of goods and services. Restaurants, banks, groceries, clothing, florist, jewelers, cleaners, professional (accounting, insurance, real estate) and health care services and many other types of retail make this area a central location for nearly all retail shopping needs. There are few stores here, however, for large scale pur- chases such as major appliances and automobiles. New Hope Retail Area The five -mile trade area shown on the map in the demographic section of this report includes a portion of New Hope that extends south to 36th Avenue North and Winnetka Avenue. This area includes three shopping centers, one located at 36th Avenue North and two located between 42nd and 45th Avenues North on Winnetka Avenue. All of these centers are neighborhood centers. Table 15 shows ' types of retail uses and approximate square footages for each at the three centers. Winnetka Commons is the newest of the three centers, built in 1990. The center i has about 43,000 square feet and is anchored by Walgreen's, Tires Plus, and Big Wheel Rossi auto parts. The center is fully leased at this time. Several of the other tenants include Brueggers Bagels, Winnetka Liquors, Cruise Holiday, McGlynn's Bakery, New Hope for Hair, Hot Comics and Collectibles, Big Video, and Sizzling Wok. New Hope City Center is located at 42nd Avenue North and Winnetka Avenue. The center is has a freestanding McDonalds located on the southeast corner of the center site. Anchor tenants include U.S. Swim and Fitness Health Club and Applebee's Restaurant. Other smaller tenants include Mailboxes, Etc., Clean and Press, Blockbuster Video, TCBY Yogurt, Little Caesar's, For Pet's Sake, and Taco John's. K -Mart is located to the west adjacent to the center. The center contains about 82,000 square feet with approximately 4,500 square feet available at this time. ' Winnetka Center is located adjacent to New Hope City Center. This center has approximately 90,000 square feet and is anchored by a Super Value foods store, Ace Hardware, and Abbey Carpet. The center has one vacant space with 2,800 square feet, for an overall vacancy rate of about 3.0 percent. This center is con- nected to New Hope City Center via the parking area. Shoppers may conveniently access all stores among the two centers without having to exit the shopping center 41 t TABLE 15 SQUARE FOOTAGE BY TYPE OF RETAIL CATEGORY NEW HOPE AREA June 1994 Total Winnetka New Hope Winnetka New Hope Retail Category Commons City Cen Center Centers Building Materials 0 0 18,000 18,000 General Merchandise 0 0 0 0 Apparel/Shoes /Accessories 0 0 0 0 Home Furnishings 0 0 10,000 10,000 Eating and Drinking 8,000 27,000 10,000 45,000 ' Drugs 12,000 0 0 12,000 Miscellaneous Retail 10,000 19,000 6,000 35,000 Food Stores 0 0 40,000 40,000 Services 5,000 6,000 4,000 15,000 Auto Service 8,000 0 0 8,000 Subtotal 43,000 39,100 88,000 183,000 ' Non - Retail Uses 0 25,000 0 25,000 Vacant 0 4,500 2,800 7,300 Total Space 43,000 81,500 90,800 215,300 Vacancy Rate 0.0% 5.5% 3.1% 3.4% Major Stores: Walgreens Applebee's SuperValu Tires Plus U.S. Swim & Ace Hardware Big Wheel Fitness Abbey Carpet Rossi Blockbuster Video Note: Square footages include fr eestanding pads on site. Source: Maxfield Research Group, Inc. area. Although the centers are separate, they appear to be different legs of the same center. ' These retail areas primarily serve customers convenience and weekly shopping needs. For larger purchases, customers must travel either north to the Crystal Shopping Area or west /southwest to Rockford Road Plaza or Ridgedale Shopping t Center. Trade Area Retail Construction and Absorption Table 16 shows absorption of shopping center space in the Twin Cities and the rP PP g Northwest sector from (first quarter) 1992 to 1994. The data is taken from the 42 Towle Real Estate Company annual market reports. For purposes of analysis, Towle divides the Twin Cities into four sectors. The Northwest sector is made up of Brooklyn Center, Brooklyn Park, Champlin, Crystal, Maple Grove, New Hope, Osseo, and Robbinsdale. The Twin Cities Metropolitan Area retail vacancy rate per Towle was 6.9 percent ' overall in the first quarter of 1994. Vacancy rates for individual types of centers (neighborhood, community, specialty, and regional) in the metro area ranged from 6.8 percent for regional centers to 29.3 percent for specialty centers. In 1994, another 419,000 square feet of retail space opened in the Twin Cities in four new centers. Absorption of retail space in 1993 was a phenomenal 3.8 million square ' feet, led by the Mall of America. During the first quarter of 1994, absorption was much less, the lowest amount over the past four years. In the Northwest sector, all center categories experienced negative absorption in the first quarter of 1994. Total absorption in 1994 was a negative 116,025 square feet and the vacancy rate increased from 5.3 percent in 1993 to 8.3 percent in ' 1994. This sector has no specialty centers. Community centers experienced the greatest negative absorption 56,851 square feet. This occurred after strong absorp- tion in 1992, 352,383 square feet, and very modest absorption in 1993, 13,945 square feet. Neighborhood centers had negative absorption of 44,174 square feet. Over the last four years, neighborhood centers have experienced fierce competition from community centers, power centers and outlet centers. When the annual ab- sorption rate in 1992 hit a negative 237,824 square feet in the Twin Cities Metro- politan Area, the reaction was both seen and felt in the market. Creating the right tenant mix, modernizing centers, and implementing marketing campaigns be- came necessary for survival. Location continues to be a key factor in the success of neighborhood centers as vacancy rates for centers with supermarket anchors have consistently been lower (averaging 3.8 percentage points lower) than other neighborhood centers. ' The refurbishing of neighborhood centers has had a positive impact on the market as the vacancy rate for retail space in neighborhood centers over the last three ' years has fallen from 13.3 percent to 10.3 percent in the metro area. On the other hand, annual absorption has slowed dramatically in one year, from 5.1 per- cent to 1.3 percent of the total supply of retail space absorbed to date in neigh- borhood centers. Only one neighborhood center opened in 1993, with Sportmart Plaza in Minnetonka adding 66,150 square feet of pre- leased space to the market. To decrease maintenance costs and offer lower gross rents, renovations in many neighborhood centers in the metro area are reducing or eliminating common areas. This occurred at River Heights Plaza in Stillwater, Market Plaza in Richfield, and Yorktown Mall in Edina. These malls all removed common area space and con - verted their centers to the traditional strip center design. 43 TABLE 16 RETAIL SPACE VACANCY AND ABSORPTION First Quarter, 1992 -1994 Gross Total ' Number of Leasable Amount Percent Annual Net Area Centers Area Vacant Vacant Absorption Northwest ' Neighborhood 1992 22 1,511,244 199,873 13.2 (41,039) 1993 21 1,488,663 155,650 10.5 22,544 1994 20 1,508,239 197,089 13.1 (44,174) Communiri 1992 5 1,350,842 47,525 3.5 352,383 1993 6 1,356,842 33,580 2.5 13,945 1994 7 1,351,096 90,685 6.7 (56,851) Regional 1992 1 925,000 27,750 3.0 (27,750) 1993 1 925,000 10,000 1.1 17,750 1994 1 925,000 25,000 2.7 (15,000) S ecial None Total 1992 28 3,787,086 275,148 7.3 283,594 1993 28 3,764,505 199,230 5.3 54,239 1994 28 3,784,335 312,774 8.3 (116,025) Metropolitan Area ' Neighborhood 1992 188 12,053,394 1,601,265 13.3 (237,824) 1993 191 12,518,224 1,377,171 11.0 562,738 1994 193 12,445,028 1,282,678 10.3 140,986 Community 1992 56 10,509,642 932,583 8.9 985,147 1993 58 11,115,655 888,955 7.9 751,641 1994 60 11,450,828 872,790 7.6 237,338 Regional 1992 18 11,819,021 797,931 6.8 150,043 1993 19 14,559,362 1,211,056 8.3 2,343,216 1994 19 14,716,126 1,013,917 6.9 353,903 ' Saecialri 1992 12 1,467,463 430,391 29.3 592 1993 12 1,466,863 290,190 19.8 111,616 1994 12 1,467,978 351,897 24.0 (60,592) 44 TABLE 16 RETAIL SPACE VACANCY AND ABSORPTION First Quarter, 1992 -1994 i (Continued) Gross Total Number of Leasable Amount Percent Annual Net Area Centers Area Vacant Vacant Absorption Metropolitan Area Total 1992 274 35,849,520 3,762,170 10.5 897,958 ' 1993 280 39,660,104 3,767,372 9.5 3,769,211 1994 284 40,079,396 3,521,282 8.8 792,819 ' Sources: Towle Real Estate: Towle Report, 1994 Maxfield Research Group, Inc. Interview Summaries We interviewed retail brokers and leasing agents in the Brooklyn Center/Brooklyn Park area regarding the strength of the market for retail space near the redevelop- ment site. Those interviewed indicated the site is a strong one for retail develop- ment and a new center on the subject property would be a better utilization of the land than the existing retail which is experiencing some deferred maintenance and has relatively poor access and internal circulation. There was some concern that because large scale retailers prefer high visibility and convenient access off the interstate, that there may be some difficulty in attracting larger retailers to the subject site. It was also mentioned that the close proximity of Cub and Rainbow Foods would rohibit adding another supermarket to the P g P area, the typical anchor for a neighborhood center. There would likely be de- mand, however for some type of convenience store either alone or with a gas sta- tion and for a moderate priced sit down restaurant similar to a Perkins or Embers. a Some of the possible tenants that were identified by the brokers and leasing g ents as appropriate for this site were full - service car wash, auto repair and service, drug store, sit -down family style restaurant, gas station /food stop. Other types of busi- nesses that would be appropriate for the site would be convenience goods and services such as fast food, dry cleaners /tailoring, card /gift shop, video store and ' limited professional office space. All of those interviewed indicated the intersection is heavily traveled and that the site receives a substantial amount of drive -by traf- fic. 45 ' Planned and Proposed Retail Developments Zane Avenue and Brooklyn Boulevard The City of Brooklyn Park has identified this area for redevelopment. A redevel- opment study was completed and a business association has been organized. The city will continue to assign public staff to assist the current retailers with promoting the area and will work to enhance the retail environment in this area. Approxi- mately $1.1 million has been targeted for streetscape improvements along Brooklyn Boulevard near this intersection. The primary objective is to upgrade the retail district through improvements to existing streets and retail spaces. The city's pri- mary objective will be to enhance the selection of stores and to assist existing re- tailers in effectively promoting the area as a retail destination. At this time, there are no plans for another retail center. Starlite Center (Brooklyn Boulevard and Highway 81) Starlite Center is scheduled to be expand by mid -1995. A new Cub Foods store with 89,000 square feet is planned to open in January 1995. In addition, 20,000 square feet of new retail is planned to be added and the old Cub Foods store ' (63,000 square feet) is scheduled to have the space subdivided into smaller retail- ers. I i 46 ' CONCLUSIONS AND RECOMMENDATIONS Demand Analysis As is shown on Table 8 in the Retail Market Review section, a supermarket is a typical anchor for a neighborhood center. For a community center, the typical anchor is a junior department store, large variety, discount, or department store. ' Based on the minimum site area and Gross Leasable Area guidelines shown on Table 8, the proposed scale of the subject property would support a community center. Several other factors however, must also be considered, including visibility ' and access to the site, support population, competitive goods and services, etc. The site's location, north of I -694 near a broad selection of other retail goods and services, would suggest that a neighborhood center with tenants oriented more to- ' ward convenience goods and services would better serve the population within three miles of the site. Also, the close proximity of two warehouse -style grocery stores, Cub Foods and Rainbow Foods, located at the intersection of Highway 81 and Brooklyn Boulevard in Brooklyn Park indicates that another full -line supermarket could not be supported in this area. Rather, a smaller food store, such as a Tom Thumb or 7- Eleven Superette which provides convenience foods, but a much small- ' er selection of items, could be supported. According to a Streetscape Amenities study undertaken for the City of Brooklyn ' Center by BRW, Inc., a preliminary site plan (February 1994) for redevelopment of the subject property reflects the development of between 110,000 and 120,000 S quare feet of retail, office, and restaurant space (the majority being retail) on ' approximately 11 acres along with a 100 -unit high - density senior housing project. At this level of retail development, the center would be considered a community center and would require an approximate support population of between 40,000 ' and 150,000 population depending on the mix and size of tenants. The demo- graphic review identified an estimated 1994 population of 189,265 persons within ' five miles (Trade Area 3) of the subject site. We believe however, that the effec- tive draw area for this particular location would be closer to three miles given the substantial amount of retail development that exists in the Brookdale retail area and Interstate 694 which creates a barrier for people traveling past the freeway. Trade Area 2 (three -mile ring) was estimated to have a 1994 population of 99,116 persons. Although this number of persons is sufficient to support a community center, there are several other factors which indicate a neighborhood center would be much more appropriate. A community center is typically anchored by a large ' variety or discount store, or a junior department store. The large general mer- chandise retailers (i.e., Target, Kohl's, KMart) are all well represented in the area, either near Brookdale or the northern tier of Brooklyn Boulevard. Large discount apparel retailers such as T.J. Maxx, Everyday Hero, and Marshall's are not repre- sented in the Brookdale Area. T.J. Maxx was located near Brookdale, but recently 47 closed this location. One of these stores may be interested in moving to a new center in this area, however they typically prefer to be in a high traffic area with greater visibility. The average size of a neighborhood center is 50,000 square feet with a range of 30,000 to 100,000 square feet. A grocery store is usually the primary anchor for this type of center. Within three miles of the subject property, there are three large warehouse grocery stores (Cub Foods, Rainbow Foods, Country Store) and a couple of smaller full -line grocers. Cub Foods will be building 89,000 square feet in a new store that is scheduled to open in January 1995. This will add another 26,000 square feet of grocery space to this market. As was stated earlier, a small- er convenience food store would be a more appropriate tenant for a new retail center. The proposed size of the retail redevelopment parcel would be approximately 11 acres including freestanding pads for some complementary commercial uses such as garden supply, auto service and supply, and sit -down family restaurant. The pro- P P posed development of 100 units of senior housing north of the retail site would strengthen demand for neighborhood retail services and would offer potential resi- dents convenient access to goods and services. ' Based on the above factors the subject site could support approximately 60,000 to J rr rr 70,000 square feet of retail space with a mix of convenience goods and services retailers in a strip center concept with an additional 10,000 to 20,000 square feet of space available on two to three freestanding pads to accommodate complemen- tary uses not typically suited to traditional strip center space. Depending on the ' tenant mix, there may be the potential to attract a larger discount sporting goods retailer such as Sport Mart which may prefer a large freestanding pad of more than 10,000 square feet. We would recommend that the center be oriented toward Brooklyn Boulevard to achieve maximum visibility, but that the primary ingress and egress of the center would be from 69th and /or 70th Avenue North. Income data shown previously indicates that trade area households have median in- comes about on a par with the Twin Cities as a whole. Growth in the northern tier of Brooklyn Park with additional move -up housing and redevelopment of the continue to make the subject proper- subject roe with new senior housing will con i p p r J J property rtY g neighborhood retail center. and the surrounding area more attractive for w h t g = The significant amount of drive -by traffic would add support to additional retail development on the subject site. It should be noted that as of 1992, traffic flow past the subject property on Brooklyn Boulevard was 36,500 vehicles per day north of the 69th Avenue intersection and 43,500 vehicles per day south of the intersec- tion. This traffic flow is substantial and was considerably more than the 1992 traf- fic flows north and south of the Brooklyn Boulevard/ Highway 81 intersection where there is a growing retail concentration. 48 The subject site should be able to support a total of between 80,000 to 90,000 square feet of retail space with a mix of convenience goods and services retailers. The three -mile trade area (Trade Area 2) had an estimated 1994 population of ' 99,116 persons. Trade Area 1 (one -mile ring) had an estimated 1994 population of 14,105 persons. The number of persons in both Trade Areas 1 and 2 are within the minimal support population needed for a neighborhood center. In addi- tion, the significant amount of drive -by traffic would add support to additional re- tail development on the subject site. Recommended Development Concept ' The subject property would be able to support approximately 60,000 to 70,000 square feet of space in a neighborhood shopping center with another 10,000 to 20,000 square feet of freestanding pads for complementary uses. In total, 80,000 to 90,000 square feet of retail space could be supported on the site. According to a survey conducted by the Urban Land Institute, the five top tenant classifications for neighborhood shopping centers were food (34.3 percent), drugs (10.5 percent), personal services (8.3 percent), food service (7.3 percent), and gen- eral merchandise (7.1 percent). Table 17 shows a list of types of stores that we have identified as potential ten- ants of a large neighborhood center. While this is not an all inclusive list, it cov- ers typical tenants found at most neighborhood size centers. TABLE 17 TYPES OF STORES ' July 1994 Neighborhood Center 1. Small Food Store - (Tom Thumb, 7- Eleven) 2. Card /Gift Shop - (Hallmark) 3. Drug Store - (Snyders, Walgreens) 4. Video Store - (Blockbuster Video) 5. Take -Out Restaurant - (Pizza, Chinese, Mexican, Subway Sandwiches) ' 6. Packaging & Mailing - (Pack & Post, Mailboxes, Etc.) 7. Dry Cleaners - Local or Chain (Pilgrim Cleaners) 8. Professional Office - (Insurance, Chiropractor, Real Estate, Travel Agent) 9. Auto Parts - (Big Wheel Rossi, Crown Auto) 10. Hardware - (True Value, Our Own) 11. Sporting Goods - (Sport Mart, Play It Again Sports) ' 12. Bookstore - Used (Half Price Books) 13. Florist - (Local) - 14. Coffee Shop/Bakery (Local or chain) 15. Hair Salon/ Tanning - (Cost Cutters, Regis Salon) 16. Liquor Stores - (MGM Liquors, Liquor Warehouse) 49 TABLE 17 TYPES OF STORES July 1994 ' (Continued) Freestanding Pads 1. Day Care ' 2. Bank 3. Sit -down family -style restaurant 4. Gas/Service Station 5. Lawn and Garden Supply 6. Full- Service Car Wash 7. Large center retail user (apparel, sporting goods) Source: Maxfield Research Group, Inc. 50 Council Meeting Date January 23, 1995 31 City of f Brooklyn Center Agenda Item Number 9 6 L_s Request For Council Consideration Item Description: Mayoral Appointments: Housing Commission; Human Rights and Resources Commission; Park and Recreation Commission; Planning Commission; and Northwest Hennepin Human Services Council Advisory Commission Department Approval: f�/YV1M0�1�., Sharon Knutson, Deputy City Clerk rl r. 41e Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Appoint two (2) members to the Housing Commission. Appoint three (3) members to the Human Rights and Resources Commission. • Appoint one (1) member to the Park and Recreation Commission. Appoint one (1) member to the Planning Commission. Appoint one (1) member to the Northwest Hennepin Human Services Council Advisory Commission. Summary Explanation: (supporting documentation attached Yes ) Notice of openings on various City advisory commissions was published in the Brooklyn Center Sun- Post on December 21, 1994, and NorthWest News on December 19, 1994, and was posted at City Hall and Community Center and aired on Cable Channel 37 from December 9, 1994, through January 9, 1995. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and encouraging Y applying Y were g them to call Sharon Knutson if the are interested in for the commission. The given the choice of either reapplying or having their application previously submitted be considered. Notices were also sent to present advisory commission members. On January 13, 1995, the City Council received complete copies of the enabling resolutions for the City advisory commissions and the applications for appointment to the various advisory commissions submitted by applicants interested in serving on commissions. Attached for City Council members only are the applications received to date as follows: Request For Council Consideration Page 2 • Housing Commission Stewart Cariveau 6319 France Ave. N. Amy Gonyea 6925 Humboldt Ave. N. #107B Diane Reynolds 6783 N. Grimes Place Henry Yang 6207 Regent Ave. N. Human Rights and Resources Commission Dean Nyquist 7006 Dallas Road Neng Yang 4306 63rd Ave. N. Park and Recreation Commission Jack Kelly 6129 Scott Ave. N. John Russell 5312 N. Lilac Drive Jill Schendel 7242 Willow Lane Planning Commission Duane Betker 7025 Knox Ave. N. Graydon Boeck 5601 Indiana Ave. N. Jonathan Carter 4700 Eleanor Lane • Mark Yelich 6018 Beard Ave. N. Northwest Hennepin Human Services Council Advisory Commission Phyllis Owens 6520 Brooklyn Blvd. The following tables outline the geographical distribution of the current members of the City advisory commissions and the applicants. • Request For Council Consideration Page 3 Geographical Distribution • Housing Commission Applicants and Current Members January 23, 1995 Neighborhoods!ppicants Current Members ...._... _ _ ... . Southeast Todd Cannon 2205 Brookview Drive Northeast X325 Humbnit . . v+ Northwest Ernie Erickson 6800 Drew Ave. N. West Central Scott Car�veaci Jack Kelly X319 France Ave N 6129 Scott Ave. N. ewnry Keith Tuttle +7207 Regent Ave N. 5827 Drew Ave. N. Robert Torres • 4501 Winchester Lane Central Dzue Reynolds Maria Olek ?$3 N prunes Plate 6612 Ewing Ave. N. Vince Opat 6012 York Ave. N. Southwest Two vacancies. Request For Council Consideration Page 4 Geographical Distribution • Human Rights and Resources Commission Applicants and Current Members January 23, 1995 Neighborhoods applicants ; .:: Current Members Southeast Sherry Maddox 5711 Knox Ave. N. N ' � j orthea st j s - oac:.: <::; Northwest Sharon Achtelik 3213 Thurber Road West Central 1�1eng Yang Susan Larsen Brown 4306 63rd Ape; l�f, 5829 Shores Drive „ Charlotte Nesseth >;:::::. 4226 66th Ave. N. Central John Henry 2912 Northway Drive, #301 Southwest Wayde Lerbs 5107 E. Twin Lake Blvd. Three vacancies. Request For Council Consideration Page 5 Geographical Distribution • Park and Recreation Commission Applicants and Current Members January 23, 1995 Park Pa Service vi ce Ar ea A Ircants Current Members PSA I Thomas Shinnick 5324 Oliver Ave. N. PSA n nde�...:. ;.:: Sarah Robinson Pollock X242 ow Lane....: _.. :::: >::::; :: <:>:. 7018 Girard Ave. N. PSA III Bud Sorenson 6901 Toledo Ave. N. Kay Lasman 4407 Woodbine Lane PSA IV Ifieily rs12 Scott Ave: N PSA V Join Russell Art Mead • 1Z N. I�lac Drive 3825 56th Ave. N. Don Peterson 3715 58th Ave. N. One vacancy. Request For Council Consideration Page 6 Geographical Distribution • Planning Commission Applicants and Current Members January 23, 1995 i Ne h borh 00 ds g ><; PF:> 1:;::>;,>::>::><;:<;:<:>,;;;;<<:<:<:>>:;>:> :;:;;:;;::: >;:: >:::<;:;«: >: >;:; Current Members Southeast Donald Booth 5824 James Ave. N. Northeast jj Ellamae Sander '1025 Knox Aye N : 6732 Willow Lane Tim Willson 7 6 1 Colfax Ave. 8 Co ax N Northwest Mark Holmes 7207 Grimes Ave. N. West Central Joriat�an Cairter Robert Mickelson 47U0 ileanor Lane 4006 61st Ave. N. Central Mark. YeIach Dianne Reem •1.$ Beard A e, N, 6225 Chowen Ave. N. Southwest raycinrn R ©eck 564I„ ndxax�a Vie,.. One vacancy. Council Meeting Date 1/23/95 31 City of Bmoklyn Center Agenda Item Number b 6 Request For Council Consideration • Item Description: Mayoral Appointments: Earle Brown Neighborhood Housing Advisory Committee Department Approval: Tom Bublitz, Community Development Specialist Manager's Review/Recommendation: ✓��� �- No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends a motion to reappoint existing Earle Brown Neighborhood Housing Advisory Committee members and the two new applicants to the Earle Brown Neighborhood Housing Advisory Committee, according to the schedule described in this request form. • Summa Explanation: n documentation atta h Yes ry p (supporting c ed ) Currently, the Earle Brown Neighborhood Housing Advisory Committee is authorized for up to 12 members, including the chairperson. There are nine active members now serving on the committee and two people have submitted applications to serve on the committee. Their names are Deb Iverson and Karen Youngberg, and their applications are attached. The current membership of the Earle Brown Neighborhood Housing Advisory Committee is as follows: Jody Brandvold, Chairperson; Dolores Hastings; Robert Torres; Everett Lindh; Dennis Morrow, representing Independent School District No. 286. At the inception of the Earle Brown Neighborhood Housing Advisory Committee, one position on the committee was slotted for a representative from District 286. Mr. Morrow fills that position on the committee; Robert Jechorek; Johanna Mills; Joyce Lindquist; Nancy Carlson. In March 1993, Earle Brown Committee members were appointed and reappointed according to the following schedule: 1. Committee members Jody Brandvold, Bob Torres, Bob Jechorek and Nancy Carlson were each appointed to a three -year term which expires December 1995. 2. Committee members Dolores Hastings, Johanna Mills, Betty Engdahl and Everett Lindh • were each appointed to a two -year term which expired December 1994. Betty Engdahl has since resigned from the committee. 3. Committee members Dennis Morrow and Joyce Lindquist were each appointed to a one- year term which expired in December of 1993. This was an oversight on my part, and I Request For Council Consideration Page 2 did not request Dennis Morrow or Joyce Lindquist to be officially reappointed at the end • of 1993 as their expirations required. At the December 1994 Earle Brown Neighborhood Housing Advisory Committee meeting, the following reappointment schedule was presented by staff and is recommended for adoption by the City Council as the reappointment schedule for the Earle Brown Neighborhood Housing Advisory Committee. 1. Committee members Dolores Hastings, Johanna Mills, Everett Lindh and new applicant Karen Youngberg (replacing Betty Engdahl) are each recommended for a three -year appointment. These terms would expire on December 31, 1997. 2. A two -year term is recommended for committee members Dennis Morrow, Joyce Lindquist and new applicant Deb Iverson. Their terms would expire on December 31, 1996. 3. At the next reappointment schedule beginning in December 1995, the reappointments could be made for three years, and as members come up for reappointment, three -year terms could also be made for them which would provide for staggered terms for the committee. • e Council Meeting Date 1/23/95 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: Administrative Hearing Regarding the Delinquent Utility Bills of the Timber Ridge Apartments Department Approval: ����� �"wkil.t Charlie Hansen, Finance pir, , or Manager's Review/Recommendation: V . No comments to supplement this report Comments below /attached Recommended City Council Action: Pass a motion denying the request of Chippewa Park Properties that the utility bills of the Timber Ridge Apartments be forgiven. Summary Explanation: (supporting documentation attached Yes ) Chippewa Park Properties, the current owners of the Timber Ridge Apartments, have requested that the City forgive utility bills for the period prior to October 16, 1994. That was the date the owners received the property back from Brighton II Limited Partnership after the cancellation of a Contract for Deed. The current owners feel that they shouldn't be responsible for the utility bills from the time that the previous owners had the property. The City is on solid legal and policy grounds to require payment of these bills. Minnesota Statutes, Chapter 444, establish the City's authority to operate utilities and charge for the cost of construction and operation of the utilities. These charges are considered to be services to the property and may be special assessed against the property if not paid. Such charges to a property do not lapse when there is a changed ownership in the property. City Ordinances, Chapter 4, Section 105, states "Water and sewer accounts shall become due immediately following billing and shall be considered as an obligation of the respective property. " Chapter 4 also establishes the City's authority to special assess unpaid utility bills against the property. Both State Statutes and City Ordinance establish the principle that these charges are to the property and don't lapse simply because of a change in ownership. Service was provided to the property and the cost of providing the service was incurred by the City. If these charges were to be forgiven as requested by Chippewa Park Properties, the cost would ultimately be spread across all other customers who have paid their bills on time and without complaint. These utility bills in the amount of $12,655.91 cover the period from August 4 through November 2, 1994. The bills were dated November 2 and were originally due on November 30. On December 7, a second notice was mailed out which included a 10% late penalty as prescribed by the City's Utility Rate Schedules. Including the penalty, the amount due is now $13,921.50. Please note that the 10% is a late penalty, not interest. It is based upon the additional collection costs related to unpaid bills, not just lost interest. Request For Council Consideration Page 2 • The City mailed out a Bill Payment Agreement in January as described in the Administrative Policy and Procedure for Water Shut Offs, adopted January 25, 1993 by the City Council. This called for a payment of 25 q of the balance by January 19, 1995 and the remaining 75 % by February 3, 1995. The Bill Payment Agreement also stated that water service would be shut off for non payment. Under the normal shutoff schedule, we would hag a red shutoff warning tag on the property on January 20 and shut the water service off on January 26, if the balance due weren't paid. • • Rkavich Mey er �krn��n 1V�cGr� A Professiomd Association • January 12, 1995 Mr. Charles Hansen Director of Finance VIA FAX AND MAIL City of Brooklyn Center 6301 Single Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Timber Ridge Apartments 6305 Camden Avenue North 6315 Camden Avenue North 6325 Camden Avenue North 6401 Camden Avenue North 6407 Camden Avenue North 6417 Camden Avenue North 6427 Camden Avenue North 6507 Camden Avenue North Dear Mr. Hansen: We represent Chippewa Park Properties, the current owner of Timber Ridge Apartments. Your final notices dated January 5, 1995 concerning utility bills to the property have been forwarded to me. • M client took possession of the Timber Ridge Apartments on October Y p g P r 16, 1994 after cancellation of its Contract for Deed with Brighton II Limited Partnership. The property was delivered back to my client in a state of terrible disrepair and substantial expenditures have been necessary to begin to put the property back into compliance with applicable codes. My client has continued to work with the City of Brooklyn Center on this matter. The utility bills which are the subject of the final notices are almost exclusively attributable to the time during which the property was owned by Brighton II Limited Partnership. In light of these unusual circumstances, my client believes that its responsibility should be only for the utility bills incurred after October 16, 1994. My client requests an administrative hearing before the City Council at their next scheduled meeting on January 23, 1995. Very truly yours, M Meyer MLM /gd • cc: Mr. Harold Liefschultz Mr. Joseph Bisanz 4545 IDS Center 80 South Eighth Street 11 neapolis Minnesota 5 -3325 Telephone (6L) 333 -8511 Facsimile 332 -8302 Council Mooing Date 1/23/95 City of Brooklyn Center Agenda ftem Number 913 Request For Council Consideration • Item Description: Building Code Appeal by David and Leslie Andresen, 6821 Perry Avenue North Department Approv G. rah _ offman, Community Deve opment Director Manager's Review/Recommendation: n No comments to supplement this report Com . nts below /attached Recommended City Council Action: It ism strop recommendation that the Council ' Y g C cil reject the Andresens request and suggest to them that the use the mediation process to resolve the problem. e We would be ha t i Y P p o assist them in setting g up the process. • Summa Explanation: Summary P (supporting documentation attached No ) At the January 9, 1995, City Council meeting, David and Leslie Andresen requested the Council to overturn a building code interpretation made by Clay Larson, the City's Building Official. They submitted a letter for your consideration listing a number of "code violations ", as determined by the Andresens. The following violations are alleged: 1. Allegation: Incorrect fasteners were used on the siding. Response: The fasteners used were Bostich P Nails, which are gun - applied. They are zinc coated to prevent corrosion and are an acceptable substitute under the Uniform Building Code Section 105. 2. Allegation: The siding lacks a 1/8" gap around all openings. Response: The 1/8" gap is for linear expansion. The short pieces of siding in this application have minimal expansion. However, in order to determine if the installation would be a problem, we had Georgia Pacific, the manufacturer of the siding, at the site twice. They have determined, in writing, that the installation was not a problem and would warranty the product. 3. Allegation: The step to the rear does not have the correct rise. Response: The step in the rear is temporary. It is the contractor's position that the • construction of the steps and the grading are the obligation of the owners. The steps were not part of this contract. Request For Council Consideration Page 2 Additional alleged violations: Allegations 1 and 2: Door thresholds were set too high. Response: Only plywood was on the floor or a construction floor grade when the addition was inspected. Threshold height is set to the "finished flooring grade ". This is a communication problem between the owners and the contractor. Since the owners were to finish the interior, it was their obligation to make the contractor aware of the intended floor covering to assure proper threshold height. Allegations 3, 4 and 5: Allegations as to the installation of the stairs. Response: Again, this was a job where the contractor was to do a "rough -in" and the owners were to finish. "Rough -ins" can mean a lot of things, and should be specifically addressed in a contract. As noted, the inspectors view the steps at the site as temporary. Again, this is a communication problem between the owners and the contractor. Allegations 6 and 7.• Improper installation of the roof. Response: This is the first time we have heard anything about the roof. The underlayment required is one layer of type 15 felt. Roofing siding and flashing would have to be removed to verify this. I'm not sure how the Andresens would know this unless the roof was leaking. Also, they cite a reference to a perceived fastener problem but since no further details are given, it is difficult to respond. The problems, as noted by the Andresens, all seem to stem from a clear misunderstanding at the outset • between the owners and the contractor as to who would be responsible for each of the various tasks required in the construction of this addition. It is the contractor's position that according to the signed contract, he was to rough frame the addition, install doors and windows, apply the siding and roof the addition. The owner was to be responsible for painting the siding, steps, all interior finish, including flooring and any heating and electrical. The owners, who have an unsigned contract, obviously feel the contractor's obligations are different. It is our understanding that the contractor has offered to settle for less than the contract price and end the job, but the owners have refused. Mediation has been offered but has been refused by the owners. The owners have indicated to inspectors that they would not allow the contractor on the site, so even if we agreed that code violations existed as a result of the contractor's work, he would not be allowed to correct them. It should also be noted that the additional siding has not been painted and the owners could be cited for this. This would result in the deterioration of the siding. Georgia Pacific has noted in their letter dated September 26, 1994, that "[t]he time elapsed between siding application and painting has exceeded the 60 days we require. The siding -must be re -primed prior to painting in order to comply with the application instructions. In the event the siding is not re- primed, the warranty will be void on this material." Georgia Pacific further states that "although incomplete, the job in is compliance with the application instructions. The warranty will be valid only if the completed project conforms to the requirements set. forth in the application." Completing this job (siding) is the responsibility of the owners. The Andresens have appealed to the state, to revious councilmembers, the City Manager, state P Y g • representatives, the Governor, as well as myself. From my perspective, there are several possible solutions to this problem. The best, and the one I would recommend, is mediation. The two parties need to sit down and resolve the matter before them. The City is not in a position to do that. We can require corrections of code violations where we find them and have done that as part of the normal construction of the addition. The real problem goes to the heart of their signed contract, .which should Council Meeting Date January 23, 1995 3 City of Brooklyn Center Agenda Item Number 9 ",::- Request For Council Consideration • Item Description: Adopt City Council Handbook Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Adopt City Council Handbook. Summary Explanation: 7 (supporting documentation attached Yes ) • At its January 1 work session, i w y 995 k sess on the City Council reviewed and discussed the draft City Council Handbook. The recommended changes have been made to the handbook and, as requested by the City Council, it is offered this evening for approval. The specific changes made include: Addition of a section entitled "Parliamentary Procedure" on page 5 which adopts Roberts Rules of Order Newly Revised Motion to Fix Hour of Adjournment section amended to extraordinary vote (4 /5ths). Legal Considerations and Responsibilities section was reviewed and amended by the City Attorney. • 3[ City of Brooklyn Center City Council Handbook Adopted by City Council Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Barb Kalligher Councilmember Kristen Mann Mayor Myrna Kragness January 23, 1995 Myrna Kragness Table of Contents • INTRODUCTION Congratulations and Welcome ................. ............................... 1 Local Government in Minnesota ................ ............................... 1 Home Rule Charter Cities .................... ............................... 2 Council- Manager Form of Government ............ ............................... 2 Management Team ........................ ............................... 2 Responses to Citizen Concerns ................. ............................... 3 ADMINISTRATION OF COUNCIL AFFAIRS Council Meetings ......................... ............................... 4 OpenMeeting Law ................... ............................... 4 Quorum.......................... ............................... 4 Regular Meetings .................... ............................... 4 Executive Sessions ................... ............................... 4 WorkSessions ..................................................... 4 Notice of Meetings ................... ............................... 4 Parliamentary Procedure ..................... ............................... 5 Order of Business ......................... ............................... 5 VarvingOrder ........................... ............................... 5 Agenda 5 Callto Order ....................... ............................... 6 Roll Call 6 • Approval of Open Forum and Consent Agenda : ::::::: .:::::::::::::::: : '.::::::::: 6 6 Public Hearing .. .... . Addressing the Council ..................... ............................... 7 Addressing the Council After Motion is Made ....... ............................... 7 Limitations Regarding Public Comments and Reports ............. I .................... 7 Presiding Officer ......................... ............................... 7 Questions to be Stated ...................... ............................... 7 Maintenance of Order ...................... ............................... 8 Motions............................... ............................... 8 Motions Out of Order ................. ............................... 8 Division of Question .................. ............................... 8 Precedence of Motions ................. ............................... 8 Motion to Adjourn ................... ............................... 8 Motion to Fix Hour of Adjournment ..... ......................... ......... 9 Motion to Table ..................... ............................... 9 Motion to Limit or Terminate Discussion ..... ............................... 9 Motion to Amend .................... ............................... 9 Motion to Continue ............................. ..... ...... .......... 9 Delegation of Authority ..................... ............................... 9 City Commissions ........................................................ 10 Duties at First Meeting of Council ............. ............................... 10 Conferences and Associations ... .......... .................. ........ ........ 11 RULES, DECORUM, AND ORDER Points of Order ........ .. 12 ............................. Parliamentary Appeal ..................... . ............................... 12 Table of Contents Decorum and Order - Council Members .......... ............................... Decorum and Order - Employees .............. ............................... 13 Decorum and Order - Public ................................................ 13 Enforcement of Decorum ................... ............................... 13 Personal Privilege ........................ ............................... 13 Conflict of Interest ....................... ............................... 13 Limitation of Debate ...................... ............................... 13 Dissents and Protests ...................... ............................... 14 Rulings of Presiding Officer Final Unless Overruled .. ............................... 14 LEGISLATIVE POWERS Ordinances, Resolutions, and Motions ........... ............................... 15 Relationship Ordinances to State Law ............ ............................... 15 Request for Adopting Ordinances .............. ............................... 16 Requirements for Adopting Resolutions .......... ............................... 16 SPECIFIC COUNCIL FUNCTIONS Auditing Disbursements .................... ............................... 17 Board of Equalization ..................... ............................... 17 Purchasing and Letting Contracts ......... .... ....................... ......... 17 Elections............................. ............................... 18 LevyingTaxes ..................... . ............................... .. 18 Public Improvements and Activities ............................................ 18 Regulation and Licensing ..... ............................... . 10 Planning and Zoning ...................... ............................... ly Housing and Redevelopment and Economic Development Authorities ....................... 19 Preparing the Budget ...................... ............................... 20 The Budget Process ....................... ............................... 20 Management Team Review .................. ............................... 20 Preliminary Property Tax Levy .............................................. 21 City Council Budget Work Sessions ............. ............................... 21 Truth in Taxation Hearings .. . ............................. ................. 21 LEGAL CONSIDERATIONS AND RESPONSIBILITIES Legal Authority and Responsibility ............. ............................... 22 Personal Liability of Mayor and Council Members ... ............................... 22 Official Interest in Contract .................. ............................... 23 Legislative Immunitv from Slander Suits ..................... ............ ........ 24 Defense and Indemnification ................................................ 24 SUMMARY Unwritten Duties of Mayors and Council Members ... ............................... 25 Relationship with Administrative Personnel ........ ............................... 25 Formulation of City Policy ................... ............................... 26 APPENDIX ........ ................................... I ........... ... 27 i INTRODUCTION Congratulations and Welcome! The City staff and 1 would like to welcome you to your new role as a very important team member of the legislative branch of Brooklyn Center government. This booklet has been developed to assist you in fulfilling your new responsibilities and to provide you with information on the City's form of government, its structure, and guidelines for the conduct of the public business by or on behalf of the City Council. In order to provide you with an interesting, yet informative summary, this manual has been designed as an easy to read guide on your new responsibilities as a Council Member and to provide some background on the history, structure, and operations of the City government as it relates to providing quality public services to the citizens of our community. If you have any questions, please do not hesitate to contact me. The Staff and I look forward to working with you in the best interests of the citizens and community. Sincerely, Gerald G. Splinter City Manager • Local Government in Minnesota In Minnesota, the Legislature can, within the limits of the State Constitution, provide for the "creation, organization, administration, consolidation, division, and dissolution of local government units and their functions, for the change of boundaries thereof, and for their officers " (Minnesota Constitution, Art. XII, Sec. 3). Municipalities are subject to the "absolute sovereignty" of the Minnesota State Legislature, with the limited exception that under the constitution's "home rule" provisions, a city may enact a charter outlining its form of organization -and governmental powers. Local charter provisions must conform to the State Constitution and to those state statutes which apply to "home rule" cities. As is the case with the City of Brooklyn Center, a Charter establishes the guidelines under which the City must operate. In a "home rule" charter form of government, charters ma be more restrictive than a "statutory city ", but can not establish criteria that subordinates state statutes. Minnesota law divides cities into four classes based on population for the purpose of enacting legislation which affects them. First class cities are those with populations in excess of 100,000; second class - 20,000 to 100,000; third class - 10,000 to 20,000; and fourth class -under 10,000. Accordingly, subject to Minnesota classifications, the City of Brooklyn Center is classified as a second class city. City of Broeklvn Center Page 1 City Council Handbook Home Rule Charter Cities 0 Any city in Minnesota may adopt a home rule charter, which a charter commission prepares for meeting the city's individual needs and desires. Such a charter is, in a sense, a local constitution. Local voters approve the charter and can change it. In certain cases, the Council can change the charter by ordinance, but must meet special provisions or requirements set forth in state law. The charter may provide for any form of city government as long as it is consistent with state laws applicable to home rule charter cities. City charters differ widely in the powers and duties they give to councils and other officials. All cities receive additional powers under a charter and must follow the regulations of other state statutes. For example, statutes other than the city charter give cities the authority to conduct planning, set up civil service commissions, and do many other things. In the City of Brooklyn Center the City Code has been organized to deal with a variety of local issues and provides City staff with procedural direction on resolving a myriad of City concerns in a fair, legally defensible, and uniform system of self - governance. Council - Manager Form of Government The City of Brooklyn Center, under its home rule Charter, has established a Council - Manager Plan. This provides for the aforementioned responsibilities, plus any additional responsibilities called for under the City Charter and applicable City Code (ordinances). The City Charter provides for tb0 City Manager to serve as the Chief Administrative Officer with direct administrative control of alt City organizational affairs, including the proper execution and enforcement of the City Charter, and any other pertinent county, state, and federal laws. In addition, the City Manager develops, implements, and enforces City ordinances and resolutions adopted by Council. Subject to the provisions of Section 6.02.3.b and 6.02.3.c of the City Charter, the City Manager shall appoint all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. Appointment and removal of department heads shall be made final only upon a majority vote of the Council. The City Manager also acts as a liaison to Council by conducting research on policy issues, providing timely information, and developing recommendations on a wide range of public policy issues. Specific duties and responsibilities of the City Manager are established under Section 6.02 of the City Charter. Management Team Top level management of the City is facilitated by, and through, a team participation process. This process is designed to foster a high level of trust, openness, and cohesiveness between members of the team. Members of this group are the City Manager, Finance Director, City Attorney, Community Development Director, Police Chief, Fire Chief, Public Services Director, and the Assistant City Manager. City of Brooklyn Center Page 2 City Council Handbook The management team attends City Council meetings, participates in Council deliberations as required, and meets after each Council meeting to discuss issues, review alternatives, gather and share information and ideas, and conduct group problem - solving. Each member receives input from the group while also having the opportunity to express views on various issues of concern. In addition to the regularly scheduled meetings, the management team meets as necessary to consider a broad variety of City issues. These include administrative and operational concerns, as well as issues of regional and state -wide interest. Responses to Citizen Concerns Citizen concerns are typically brought to the staff's attention by directly contacting the staff, by appearing at Open Forum, or by communicating with one or more Council Members. Citizen concerns expressed during Open Forum are documented, names and addresses are recorded, and a staff report is generated to address the concern. A copy of the staff report is communicated to the citizen and Council outlining the City's response. Facilitation of this process usually begins the day following the Council meeting when the management team meets to discuss each item in which Council directed that a staff report or some other type of action be taken in response to the citizen's concern. A Customer Service Request form is used by the management team to respond to service requests brought to their attention by a Council Member. The nature of the service request, along with the department response, the time involved, and the disposition of the request is entered on the City's computer network system. If, for example, a Council Member is contacted directly by a citizen over a service issue, the process would begin with the Council Member reporting the situation to the City Manager's office. A Customer Service Request form would be completed, assigned a code number, and transmitted to the appropriate department for action. Forms are processed on the City's computer system, with a printed "hard" copy being sent to the requesting official once final actions are initiated. City of Brooklyn Center Page 3 I ADMINISTRATION OF COUNCIL AFFAIRS a Council Meetin City Councils can exercise their powers, both governmental and proprietary, only in meetings that m co 1 with the followi PY g q Open Meeting Law The State's Late s Open Meeting Law, with a few minor exceptions, specifies that all meetings must be open to the public and that all votes taken must be recorded in a journal which is available to the public. Quorum A quorum (or a certain minimum number of members) must be present. A Council quorum in Brooklyn Center is three members. Regular Meetings The City Council of the City of Brooklyn Center shall hold meetings in the Council Chambers of the City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, on the second and fourth Mondays of each month at 7:00 p.m. No meeting will be held on a legal holiday, but a regular meeting shall be held at the same hour on the next succeeding day that is not a holiday. Regular meetings will be cablecast and the videotapes will be retained for three mont`O after approval of the official minutes of the meeting. The written Council minutes are the permanent record for the City. Executive Sessions Executive Sessions are closed meetings (non - public) called by the Council to discuss publicly- sensitive issues related to 1) City labor negotiations, 2) ongoing or imminent litigation involving the City as a legal party, or 3) employee performance reviews on positions appointed directly by Council. State law requires that the media and other interested parties be notified of Executive Session dates and times, and that a brief synopsis be given concerning the issues discussed. Work Sessions Work Sessions may be called when deemed necessary. Notice shall be delivered in the prescribed manner. Notice of Meetings Notice of all regular meetings, work sessions, and special and emergency meetings shall be publicized and held at the regularly designated time or, in the case of s, special meetings, b appropriately publicized, with notice given to the local media and pre - designated individuals. �I In addition, there is a provision for special or emergency meetings where the Council may transact any form of City business. That provision sets specific procedures the Council mu follow in calling the meeting. II � City of Brooklyn Center Page 4 City Council Handbook Parliamentary Procedure The City Council has adopted Roberts Rules of Order Newly Revised for the conduct of meetings. Parliamentary procedure is usually viewed as complex, but it can simply be considered as a set of tools used to assure that a meeting goes smoothly and fairly. It is used to facilitate a group coming to a majority decision when there are differing points of view. Order of Business The order of business of each meeting shall be as contained in the agenda prepared by the City Manager. The agenda shall be a listing of subjects which shall be taken up for consideration in the following order: 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Council Report 5. Presentations 6. Approval of Agenda and Consent Agenda 7. Open Forum S. Public Hearing 9. Planning Commission Items 10. Council Consideration Items (includes ordinances, resolutions, discussion items) 11. Adjournment Varying Order The order of business may be varied by the Presiding Officer. All Public Hearings shall be held at the time specified in the notice of hearing unless several public hearings are scheduled at one time; in that event they shall be heard as soon thereafter as practicable. Agenda The agendas for regular Council meetings and Work Sessions are prepared in the City Manager's office. Typically, agenda items are submitted to the City Manager by the City departments by Tuesday preceding the Council meeting. On Tuesday preceding the Council meeting, a draft agenda is prepared and discussed by City Staff. The agenda will ordinarily be delivered to Council Members on Thursday preceding the Council meeting. The agenda and all supporting material not of a confidential nature shall also be available to the general public at the time it is delivered to the City Council. Citv of Brooklyn Center Page 5 City Council Handbook Call to Order The Mayor, Mayor pro tem, or Acting Mayor pro tem shall call the Council meeting order. Roll Call Before proceeding with the business of the Council, the City Clerk shall record attendance of the Council Members in the minutes. Approval of Agenda and Consent Agenda Routine and non - controversial items shall be placed on the Consent Agenda. These items may be approved by one blanket motion upon unanimous consent. Any Council Member may request that any item be withdrawn for separate consideration. The item(s) is then placed under Council Consideration Items. Open Forum Any person may address the Council on any subject pertaining to City business not listed on the agenda during the time set aside for those comments. The Presiding Officer may limit the time available to each person addressing the Council. Rules governing appearances at Open Forum are provided at the site of Council meetings. I • Public Hearing In interest of establishing a non - threatening and positive environment, the following rules are established: 1. City Staff introduces item and gives staff report and recommendation 2. Questions of Staff by Council I Presiding Officer opens Public Hearing a. Comments by applicant (if applicable, i.e., Planning Commission applicant) b. Comments by concerned persons Pr esidin g residin Officer O ce will ask persons to identify themselves for the public record before speaking at the hearing. All persons will address questions to the Presiding Officer. The Presiding Officer will then determine who will answer them. No one will be given an opportunity to speak a second time until everyone has had an opportunity to speak initially. Those speaking for the second m r y s d ti e are asked to not be repetitive in their presentation. 4. Close the Public Hearing 5. Questions by Council v 6. Discussion by Council 7. Action by Council City of Brooklyn Center Page 6 City Council Handbook • Addressing the Council Any member of the public desiring to address the Council shall raise his /her hand, be recognized by the Presiding Officer, then proceed to the podium. He or she shall state his /her name and address for the record. All remarks and questions shall be addressed to the Presiding Officer and not to any individual Council Member, staff member, or other person. During a public hearing all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. Addressing the Council After Motion is Made After a motion has been made or after a public hearing has been closed, no person shall address the Council without first securing permission from the Presiding Officer. Limitations Regarding Public Comments and Reports No speaker shall be permitted to address the Council on a topic which is currently before, or about to be submitted for consideration by a City commission, board, or other agency. If an appeal procedure is or was available, the Presiding Officer shall not allow oral communication to the Council outside that procedure. Presiding Officer The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor pro tem shall preside. In the absence of the Mayor and Mayor pro tem, the Acting Mayor pro tem shall preside. At its first regular meeting in January, the Council, by a majority vote, shall designate a Mayor pro tem. The most senior Council Member shall be designated as Acting Mayor pro tem, and in the event two or more members have equal seniority, then the member who received the most votes in their most recent election shall be designated as Acting Mayor pro tem. Questions to be Stated The Presiding Officer shall verbally restate each question immediately prior to calling for the vote, upon request from any Council Member. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer shall also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of • business. City of Brooklyn Center Page 7 City Council Handbook Maintenance of Order 0 The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer, or through the Presiding Officer to the appropriate Council Member, Staff member, citizen, or representative. Motions When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the person seconding it. Motions Out of Order With majority consent of the Council, the Presiding Officer may at any time allow an item to be considered out of the regular auenda order. Division of Question If the question contains two or more propositions, the Presiding Officer may, and upon request of a member, shall divide the same. 0 Precedence of Motions 14'hen a motion is before the Council, no other motion shall be entertained except the following which shall have precedence in the following order: Adjourn Fix Hour of Adjournment Table Limit or Terminate Discussion Amend Postpone Motion to Adjourn (Not Debatable) A motion to adjourn shall be in order at any time except: a. When made as an interruption of a member while speaking, b. When discussion has ended and vote on a motion is pending, and C. While a vote is being taken A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 0 City of Brooklyn Center Page 8 City Council Handbook Motion to Fix Hour of Adjournment All meetings and Work Sessions of the Council shall be adjourned by 11:00 otherwise agreed to by at least a majority of the Council. A motion to set extraordinary vote (4 /5ths). a different, specific time at which to adjourn shall be undebatable and shall be unamendable except by Motion to Table A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the matter shall be "taken from the table" at any time prior to the end of the next regular meeting, unless the motion is to either table indefinitely or to a date certain. If the motion is to table indefinitely, the matter shall not be rescheduled without at least majority approval of the Council. Motion to Limit or Terminate Discussion A motion to limit or terminate discussion may be used to limit or close debate on, or prohibit further amendment _e pending motion. It is undebatable. If the motion fails debate shall be reopened; if the motion passes, a vote shall be taken on the pending motion. Motion to Ame A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment not be in order. An amendment modifying the intention of a moton be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. Motion to Continue Motions to continue to a definite time shall be amendable and debatable as to propriety of Postponement and time set. Delegation of Authority The Council may not delegate its administrative or legislative authority to others where exercise of discretion is involved. This means that the Council cannot give committees and /or individuals power to make decisions on the Council's behalf. In Brooklyn Center, the Council has sole authority for setting policy and enacting legislation. Typically, policy matters are researched by City staff with formal, non- binding recommendations provided to Council. Under the City Charier, Section 2.09 establishes organizational limitations on the type and amount • of participation the Council may have in the administrative affairs of the City. If Council Members City of Brooklyn Center - Page 9 City Council Handbook have questions or concerns regarding any administrative matter, the Charter prescribes that Coup Members "shall deal with and control the administrative service solely through the City Mana and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately." City Commissions The Council appoints members to all committees, boards, and commissions which serve in a purely advisory role to the Council. These commissions /committees /boards are as follows: Financial Commission, Housing Commission, Human Rights and Resources Commission, Park and Recreation Commission, Planning Commission, Ad hoc City Communications Task Force, North Metro Convention and Visitors Bureau, and Northwest Hennepin Human Services Advisory Council. The Charter Commission is a statutory commission. The terms of Commission members are staggered for two or three years with appointments ending on December 31 of each year. Appointments are made by the Council as terms expire or as vacancies occur. A listing of current Commission members is included in the Appendix. Duties at First Meeting of Council Council performs several specific duties at the first meeting of the new year. a. In Brooklyn Center, the Mayor is the presiding officer of the Council with the right of one vot The Mayor performs all duties conferred and imposed by the City Code or Charter, by ordinance, and by state laws. The Mayor is usually referred to as "your honor" in Council meetings by those present. The Council must elect a Mayor pro tem to serve on occasions when the Mayor is absent and also an Acting Mayor pro tem to serve in the event both the Mayor and Mayor pro tem are absent. b. The Council must designate the official newspaper of the municipality where the City will publish required materials. c. The Council must designate an official depository for the cash funds of the City. d. In the absence of a provision for it elsewhere, the Council should decide upon a time and place for its regular meetings. e. Unless previous bylaws are in effect, the Council should, at one of its first meetings, establish bylaws which contain an outline of the order of business at Council meetings, rules governing the deliberations of the Council, and provisions for the use of Council committees, special meetings, methods of Council voting, and so forth. • Ciry of Brooklvn Center Page 10 City Council Handbook • Conferences and Associations Council Members are encouraged to attend state and national conferences and seminars that provide information on a wide range of local government issues. The City is an active member of a number of local, state, and national groups such as the North Metro Mayors Association, the League of MN Cities, the National League of Cities and th;:: Association of Metropolitan Municipalities, along with a variety of other intergovernmental advisory groups. Memberships in these groups serve to keep the Council Members appraised of new legislative mandates, programs and initiati as; provide educational and training opportunities; and allow local representatives the opportunity o meet with other city officials to share common experiences and solutions. Travel arrangements can be handled either directly by the attending Council Member or by contacting the City Manager for travel assistance. Reimbursable items v pically include conference fees, travel expenses, lodging, and meals. Council Members need to complete a travel expense report and may request an advance against anticipated travel expenses in most cases. In any case, receipts need to be retained for expense reimbursement upon your return. As with all city activities, conference expenditures are budgeted in the preceding year requiring the Council to plan ahead by selecting specific events to attend, along with a predetermined number of Council participants. If Council Members have further questions on travel - related items, please feel free to contact the City Manager's office. • • City of Brooklyn Center Page 11 RULES, DECORUM, AND ORDER i Points of Order The Presiding Officer shall determine all points of order subject to the right of any member to appeal to the Council. Parliamentary Appeal Any member may appeal to the Council from a ruling of the Presiding Officer. If the appeal is seconded, the member may speak once solely on the question involved and the Presiding Officer may explain his /her ruling, but no other Council Member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present exclusive of the Presiding Officer. Decorum and Order - Council Members a. Any Council Member desiring to speak shall address the Presiding Officer and upon recognition, shall address only the question under debate. b. A Council Member desiring to question the staff shall address the question to the Cio Manager or City Attorney, in appropriate cases, who shall respond to the inquiry or designate a staff member to do so. C. A Council Member, once recognized, shall be interrupted .while speaking only if called to order by the Presiding Officer, a point of order is raised by another Council Member, or the speaker chooses to yield to questions from another Council Member. d. Anv Council Member called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall proceed. If ruled to be not in order, he or she shall remain silent or shall alter his /her remarks so as to comply with rules of the Council. e. Council Members shall accord courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from. rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. f. Anv Council Member may move to require the Presiding Officer to enforce the rules. Upon the affirmative vote of a majority of the Council, the Presiding Officer shall do so. • City of Brooklyn Center Page 12 City Council Handbook • Decorum and Order - Employees Staff member shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that they observe such decorum. Any staff member, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to or through the Presiding Officer. Decorum and Order - Public Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. The Presiding Officer may order the removal of any person who makes inappropriate remarks or who becomes boisterous while addressing the Council and bar that person from further audience with Council. Enforcement of Decorum The City Manager shall carry out the orders and instructions of the Presiding Officer for maintaining order and decorum in the Council Chambers. Personal Privilege The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his /her integrity, character. or motives are questioned or impugned. Conflict of Interest Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting. That Council Member may choose to leave the Council Chambers during debate and voting on the issue. Limitation of Debate A Council Member normally should speak only once on a subject until every other member choosing to speak has done so. City of Brooklyn Center Page 13 City Council Handbook Dissents and Protests • Any Council Member shall have the right to express dissent from or protest any action of the Council. A Council Member wishing to have the dissent or protest entered in the minutes should state so with language such as "I would like to the minutes to show that I am opposed to this action for the following reasons:" Rulings of Presiding Officer Final Unless Overruled The Presiding Officer shall decide all questions or interpretation of these rules, points of order, or other questions of procedure requiring rulings. Unless overridden or suspended by a majority vote of the Council Members present and voting, a ruling shall be final and binding for purposes of the matter under consideration. • City of Brooklyn Center Page 14 LEGISLATIVE POWERS Ordinances, Resolutions, and Motions In statutory cities and most home rule cities a Council takes official action through either an ordinance or a resolution. An "ordinance" is a City law that regulates or governs people or property and provides a penalty for its violation, or that sets a permanent rule for the organization and procedure of the local government. A "resolution" is any action of a temporary or administrative nature such as the ordering of assessments, the letting of contracts, and other routine actions in the conduct of the City's business. The distinction between an ordinance and resolution is in subject matter, not terminology. A Council cannot change an ordinance into a resolution merely by changing its name. Nor can a Council bypass the procedural requirements for the passage and publication of an ordinance by calling an enactment a resolution. However, a resolution a Council passes and publishes with all the formalities necessary for passing an ordinance is equivalent to an ordinance. Where there is any question about the classification of a particular piece of legislative business, the Council should consult with the City Attorney. As previously mentioned, the City of Brooklyn Center has its ordinances codified within the City Code. Another type of Council action is called a "motion." This type of action is a parliamentary term except where a home rule charter prescribes otherwise. It refers to a formal proposal which brings a question before the Council for deliberation. Usually, motions only require a majority vote of a Council quorum to pass. Section 3.04 through 3.11 of the City Charter identifies a variety of legislative procedures to be followed in ordinance, resolution and motion usage. Relationship Ordinances to State Law Local ordinances must not contradict or be inconsistent with state laws covering the same subject. In general, a City may pass stricter regulations, but it may not be more lenient in its laws than the corresponding state statutes. This holds true in all legislative action taken by Council. In some cases, a state law may "pre -empt the field" meaning a. City cannot legislate on the subject at all. Cities sometimes pass ordinances which contain the same provisions as a corresponding state law. For example, in order to have all the effective provisions in one body of law, local ordinances might restate state liquor laws for their jurisdiction. Ordinances, in a specific sense, are the laws of the community. They do, in many cases, carry criminal penalties of a fine and /or imprisonment. In Brooklyn Center, violators are subject to misdemeanor prosecution that carries penalties of imprisonment and a maximum $700 fine, or both should the offense warrant it. • City of Brooklyn Center Page 15 City Council Handbook Request for Adopting Ordinances t In home rule cities, like Brooklyn Center, the Charter usually sets out the requirements for the passage of ordinances. These requirements frequently include a time lapse between introduction and final passage; a minimum number of Council Members voting their approval of it; and publication in the official newspaper before taking effect. The Brooklyn Center City Charter prescribes three legislative protocols in the adoption of City ordinances. The first category includes emergency ordinances which take effect immediately upon passage or at some later date as directed, and must have unanimous vote of the Council Members present. The second category is voter adopted ordinances which shall take effect after election results are certified, or at such later date as prescribed. The third, and most typical category, is by Council action which directs a minimum seven (7) day interval between introduction and final passage, plus a 30 day period after publication before it becomes effective (City Charter Section 3.05 and 3.09). Requirements for Adopting Resolutions Generally, requirements, as previously mentioned, don't apply to passing resolutions. A formal resolution implies the proposition be in writing before the Council votes on it, but in the absence of statutory or Charter regulations, an informal motion that the Council adopts and includes in the minutes is equivalent to a resolution. In Brooklyn Center, the majority vote of all Council Members present is necessary to pass a resolution. City of Brooklyn Center Page 16 SPECIFIC COUNCHI, FUNCTIONS • This section lists some of the more important functions of the City Council. The list is by no means all inclusive. More extensive information on most of these functions is available in the City Code. Auditing Disbursements All City disbursements are reviewed and approved by the Finance Department. The check register is submitted to the Mayor and City Manager for approval. If City Council members are interested, copies of the check register can be made available for their review. The City Manager and Treasurer are required to sign all checks that disburse City funds. The Mayor and Treasurer are required to sign all checks that disburse E.D.A. funds. In addition, the City Manager serves as 1) the Chief Accounting Officer responsible for the proper accounting of all City monies, as 2) the Chief Budget Officer responsible for the development and strict enforcement of the annual budget, and 3) as the Chief Purchasing Officer responsible for the letting and making of contracts and purchases subject to Charter restrictions, along with other related duties associated with meeting the cash flow requirements of the City. In most instances, the City Manager has delegated these responsibilities to the appropriate City staff. However, the ultimate responsibility for the supervision and proper execution of these functions belongs to the City Manager. Board of Equalization Under the City's Charter, the Council shall constitute a Board of Equalization. The Board meets between April 1 and June 30 annually to examine the City's assessment rolls, to determine that all assessments of taxable property in the district have been legal and just, and to hear and determine complaints from taxpayers. The Council, pursuant to Section 7.04 of the City Charter, serves as the Board of Equalization to equalize assessments of property for taxation purposes each year. The d4:e of the meeting is selected by the Council and submitted to the County. Purchasing and Letting Contracts Under the City's Charter, the City Council shall by resolution establish and maintain a purchasing policy for the city. The purchasing policy was last revised on October 1, 1986 and contains some dollar thresholds for advertising for bids and letting contracts which are lower than those allowed by Minnesota Statutes. This policy should be updated during 1995. The City Manager is the Chief Purchasing Officer of the City and is authorized to let bids for contracts and make purchases for up to $5,000. All contracts over $5,000 are awarded by the City Council. All contracts over $25,000 must be advertised for bids. City of Brooklyn Center Page 17 City Council Handbook Elections City Councils are responsible for the conduct of all elections within their jurisdiction. This includes appointing election judges for the actual election and serving as the Election Canvass Board to certify the results of the municipal election. In Brooklyn Center, the Deputy City Clerk has administrative responsibility for elections within the City. Levying Taxes Within the limits of City charters and various state laws, Councils have the power to levy taxes and otherwise raise revenues for their cities. Under the City's Charter, the Council has the express powers to raise money by taxation pursuant to the laws of the State of Minnesota. Each year, the City is required to hold a public meeting(s) called Truth in Taxation for the purpose of explaining to their constituency the manner, the levels, and the objectives of City spending. Budget documents developed by the City are an excellent tool for Council Members to explain to their constituencies the nature of City expenditures. The Office of the City Manager is always available should you have questions about property taxes and other sources of City revenue. Public Improvements and Activities Cities, through their Councils, are also responsible for installing and maintaining publse infrastructure improvements such as City and public safety facilities, streets and stormwater systems, street and traffic lights, public parks and recreation structures, and water and sewage mains and systems. If these improvements result in a special benefit to particular parcels of property, the City can use special assessments to help defray the cost. The City of Brooklyn Center, in addition to those public service functions just listed, also has responsibility for three municipal liquor stores, a municipal golf course, a swimming pool, the Earle Brown Heritage Center, and several open air hockey rinks. These engineering and public benefit projects include, but are not limited to, . planning and zoning, housing and redevelopment, recycling and solid waste activities, sidewalk replacement, and a variety of other projects as may be authorized by the Council. Regulation and Licensing The City of Brooklyn Center has the authority and is required, under statute and Charter, to regulate and license certain businesses and occupations. In addition, under their general policy powers, the City may license a wide variety of occupations which affect public health, safety, morals, or welfare. They may also regulate, through licensing, potential nuisances within their jurisdiction. Thus, cities have the authority to require licenses for liquor establishments, contractors, dogs, etc. If the licensing ordinance includes definite standards the Council can usual give administrative 5 � ya officials the authority to issue licenses. Licenses cannot be a means for raising revenue, except in a few special cases, such as liquor licenses. City of Brooklyn Center Page 18 City Council Handbook • Planning and Zoning The Planning Commission is appointed by the City Council as a planning agency advisory to the City Council and has the powers and duties conferred upon it by statute, charter, ordinance, or resolution. One of the Commission's functions is to hold public hearings and make recommendations to the City Council on comprehensive plan amendments, rezoning requests, special use permit proposals, preliminary plat applications, variance requests, and planned unit development proposals. In addition, the Planning Commission makes recommendations to the City Council on site and building plans for commercial, industrial, and multiple residential properties as well as amendments to, and appeals from, the provisions of the City's zoning ordinance. The Planning Commission serves as the Board of Adjustment and Appeals for the purpose of considering and making recommendations to the City Council on zoning, subdivision, and sign ordinance varianc --s and appeals. The Planning Commission may also initiate comprehensive plan amendments; rezoning applications; and zoning, subdivision, and sign ordinance amendments or respond to direction from the City Council to consider such matters. The City Council makes all final decisions on advisory matters reviewed by the Planning Commission. Housing and Redevelopment and Economic Development Authorities The Council functions as the Housing and Redevelopment Authority (HRA) and the Economic Development Authority (EDA) for the City. The City Manager serves as Executive Director of both of these Authorities. The HRA may buy, own, and sell land for housing and economic development purposes and engage in other housing and redevelopment activities consistent with Minnesota law. The EDA is responsible for the proper management of plans for Tax Increment Financing (TIF) districts in the City and for recommending modifications to these plans to the City Council. These EDA activities are guided by Minnesota law regarding the conditions and qualifying uses for TIF and by Council policy direction on the specific eligible uses for TIF. Generally, Minnesota law requires that the use of TIF should (1) provide an impetus for economic development, increase employment opportunities, or promote other public benefit purposes as defined by the City; (2) conform with gene_,.d plans for the development or redevelopment of the City; (3) support development that would not otherwise occur if solely dependent on private investment in the reasonably near future; and (4) afford the maximum opportunity, consistent with the sound needs of the City as a whole, for development or redevelopment by private enterpre. City of Brooklyn Center Page 19 City Council Handbook Preparing the Budget • In the light of tight financial resources for cities, preparing a budget is of utmost importance. The process of allocating funds to the various needs of City government helps the Council determine the priorities of City programs and services. Council Members must make difficult choices between programs that compete for limited funds. Also, keeping track of the budget from month to month is the best way to ensure that funds will be available at the end of the fiscal year for the purposes the Council deems important. In the City of Brooklyn Center, the major budget effort typically begins in May of the preceding year, with the involvement of all City departments in preliminary development and analysis, and culminates in formal Council adoption of a balanced budget. Each year the City must hold Truth in Taxation hearings prior to formal budget adoption. These hearings provide citizens with an opportunity to review the budget, ask questions, and express their views on City spending. The City Manager has the overall responsibility for developing and presenting the budget, and then implementing and enforcing the budget once adopted by the Council. As it stands, the budget is a dynamic spending plan. It is a reflection of Council spending priorities, City needs and legislative mandates, and attempts to address a variety of pressing demands for more and better services, while simultaneously minimizing the budgetary impact on taxable private properties within the City. a The Bud Process Due to the complexity and magnitude of the City's budget, a management process has been developed to ensure that a comprehensive review of the entire budget takes place. The total City budget includes many different funding components which adds to the multifaceted nature of City government. In addition to City considerations, a host of statutory requirements must also be complied with during each step of the budgetary process. As a result, the budget process becomes one of the more important activities of City administration. Management Team Review The first stage of the budget process for the next fiscal year (same as a calendar year), begins in April of the preceding year, with the City Manager and Finance Director drafting a budget calendar. Towards the end of April, preliminary revenue forecasts are developed to identify next year's funding sources. By late May or early June, City departments have identified total potential expenditures they would like included in the next fiscal year. However, it is with the realization that not all demands can or will be accommodated. Requests for funding include operating expenses, capital outlays, staffing'and programming. After initial review, expenditures and revenues are compared. At this point, a comprehensive review of every proposed item occurs, with division managers delivering presentations to the management team. This phase of the process is extreme' important because it is used to explain each item, its operational necessity, benefit and cos, City of Brooklyn Center Page 20 Citv Council Handbook Proposed expenditures, in this manner, are measured using a cost - benefit approach. Some items are then dropped, others are included. The entire management team process will usually be concluded by the end of July, with the preliminary budget document then ready for the next stage in the process - -City Council and Financial Commission review. Preliminary Property Tax Levy Based upon the preliminary budget document, the City Council must adopt a preliminary property tax levy by September 15 of each year. This preliminary levy is certified to Hennepin County for use in preparing the Truth in Taxation Notices which the county mails to each property owner in mid November. City Council Budget Work Sessions At this point, the budget has already gone through intensive review by the management and the Financial Commission. The City Council's role includes an in -depth detailed analysis of the budget. Some budget issues include: 1) impact of budget on City operations, 2) the tax levy implications, 3) effect of budget on the property tax, 4) levels of City spending, 5) staffing, 6) effects of state legislation, 7) state aids, 3) federally funded programs, 9) proposed capital outlays, 10) dates for public hearings, and a range of other primary and secondary concerns tied to final adoption of the budget. After these discussions have taken place, and the necessary changes enacted, the final step in the process, public hearings, take place. In addition, the City Council typically holds a workshop early in the year to establish goals and priorities which are used by staff in the development of departmental budgets. Truth in Taxation Hearings These public hearings are mandated by the State of Minnesota to allow for public input on City budgets. Formal adoption of the budget cannot take place until the public hearings have been held. Dates for the hearings must be�certi;ed to the County by September 15th of each year. Hearings must then be set between late November and mid December. County and School District hearings are also taking place during this time frame, and City hearings may not occur on the same day. Subject to state law, the County Treasurer will mail out "Parcel Specific Truth in Taxation Notices" prior to the meeting dates to all City taxpayers. These notices identify the tax impact that the taxing jurisdictions will have on taxable City properties in comparison to the prior year. Taxing jurisdictions include the County, School District. City, and various special taxing districts authorized by state law. Final adoption of the budget by the City Council must happen by December 20. Certification of the tax levy to Hennepin County must happen by December 23. Incorporating changes into the Adopted Budget document and copying it may last well into January. As you now probably realize, the budget process will then begin all over again in April. In reality, City budgeting, in many senses, is a continuous, year -round process that requires constant attention and invites continuous • scrutiny from many different quarters. City of Brooklyiz Center Page 21 LEGAL CONSIDERATIONS AND RESPONSIBILITIES Some cities call members of the Council aldermen, councilmen, or counselors. Different cities use different titles. In Brooklyn Center, it has been the practice to use the title, Council Member. Any eligible voter living in the City who is 21 years of age or older and will have resided in the City for at least 30 days by election day may run for office of Council Member. In Brooklyn Center, Council Members are at -large and serve for four years. Legal Authority and Responsibility The authority and responsibility of Council Members arise from their role as members of the City's legislative body. Because each has the right to vote on every question before the Council at official Council meetings, each one must be fully informed about the contents, implications, and probable consequence of all proposals. Every Council Member must also examine each Council action to be sure that it is within the power of the Council to take such action, and that the City legally fulfills the conditions necessary to execute the action. In Brooklyn Center, the City contracts a City Attorney to ensure that legal processes are complied with in all matters that affect the City. This individual also serves in an advisory capacity to the Council on legal questions that frequently arise during the course of City business. We live in a time where legal challenges to City actions are always a part of the public policy process. By being proactive in responding to those challenges, the City can minimize the financial and legal impact on City operations. Council Members have full parliamentary privileges during Council meetings, including the rig' to speak, to make motions when the chair recognizes them, and to introduce new ordinances anti amendments to existing ordinances. The Council's bylaws or rules of procedure usually spell out these parliamentary privileges. The administrative authority of councilmembers is dependent, in part, upon the form of Council organization. In Council - Manager governments, the Council controls the administrative departments only indirectly by formulating general policies which the City Manager executes through his /her office. Personal Liability of Mayor and Council Members The powers and functions of City Council Members and of the Councils themselves are under rigid control of state law and home rule charters. Council Members must strictly adhere to such legal requirements. All actions they take must be solely in the interests of the public welfare. A comprehensive discussion of personal liability of public officers is beyond the scope of this manual. Briefly, however, Mayors and Council Members are not personally liable for an illegal expenditure if they make the expenditure in good faith throu a mistake or error in judgement. They are liable if they act in deliberate violation of clear prohibitions in the law even if they act in good faith. City of Brooklyn Center Page 22 City Council Handbook • In other areas, personal liability usually depends on whether the act is "discretionary" or "ministerial." Personal liability does not generally exist where a public officer must exercise judgement or discretion as to the manner of performing the duty unless the officer is guilty of a willful wrong. The public official is subject to liability, however, for wrongdoing when a duty is ministerial; that is, when it is in obedience to the mandate of the law, and the officer must do it in a set manner without any exercise of judgment. Because the possibility of personal liability does exist, Council Members should take all possible precautions before proceeding with any official action. First, they should become familiar with their statutory and Charter authority. Second, although it is not necessarily a defense, they should always act in good faith and in a sincere attempt to promote the public welfare. Evidences of good faith include regularity of procedure in Council meetings, strict conformity with legal and Charter requirements, and openness and honesty in handling all public business. Third, they should seek the advice of the City attorney whenever they are in doubt about the validity of an action or procedure. The next few sections speak to some of the concerns you may have as they relate to your new position. Official Interest in Contract With certain exceptions, Minnesota laws forbid any Council Member to have a personal financial interest in (or to benefit from) the making of any sale, lease, or contract with the City. Exceptions • are: a. the designation of a bank in which the Mayor or Council Members is interested as the official depository for City funds if the official discloses interest; b. the designation of an official newspaper in which a City official is interested when it is the only newspaper complying with statutory or Charter requirements relating to official publications; C. a contract with a cooperative association in which a City official is a shareholder, but not an officer or manager; d. a contract for which competitive bids are not required by law; e. a contract with a volunteer fire department for the payment of compensation or retirement benefits to its members; and f. a contract with a municipal bank for the payment of compensation to its members. If, however, a Council Member is simply an employee of a firm and receives no commission, bonuses, or other remuneration directly or indirectly from its contracts, and is not a stockholder, the Co-incil may enter into a contract with the organization for which the officer works without respect to the amount of the contract. City of Brooklyn Center Page 23 City Council Handbook Legislative Immunity from Slander Suits Council Members in Minnesota do not have an absolute privilege to make derogatory statements during Council meetings under the protection of legislative immunity. Legislative immunity protects Council Members from responsibility for words they use on a proper occasion and which are pertinent to any proper inquiry or investigation pending before the Council. However, this immunity does not allow them to wander from the subject and make unnecessary statements that would hurt the reputation or good name of other people. Generally, there are five elements that must all be present to provide immunity; 1. the officer must make the statements in good faith; 2. the speaker must have an interest to uphold or a duty to perform in making the statements; 3. the officer must limit the remarks to matters which are pertinent; 4. the speaker must make the statement only to the people who are participating in the inquiry; and 5. the officer must make remarks only on the right occasion or during actual proceedings of the inquiry. • If any of these conditions are lacking, Council Members may be subject to liability even though they are conducting City legislative business. Defense and Indemnification If someone sues a councilmember for an action taken in the course of his /her official duty, the City must generally pay for the cost of defending the official in court, and for any judgements against the official.. The primary exceptions are for actions outside the scope of official duties, or cases of malfeasance or willful or wanton neglect of duty. City of Brooklyn Center Page 24 SUM TVIARY Council Members frequently take actions on behalf of the City for which they must assume personal liability. Consequently, it is advisable that they make every attempt to become familiar with their statutory and charter authority and to adhere strictly to the limits of such authority. They should also base every action on a sincere desire to promote the public interest. If they have any doubt about the legality of a proposed action, or about the proper procedures to follow in executing a program. they should discuss their concerns with the City Manager. Unwritten Duties of Mayors and Council Members Council Members form a vital link between citizens and government. Whether by mail, telephone, or just on the street the are the conduit in an important o t exchange ,f information. The � y P e g first exchan is from the citizen to the government. In most cities, the Council Member is the first person to whom the average citizen comes with complaints, requests for assistance, recommendations for policy, etc. Council Members should handle these contacts with extreme tact, not only to maintain good relations, but to maintain citizen support for the government itself. The second flow of information is just as vital, but not so frequent. Council Members should pass on information about City programs and policies to the citizens and contact the City Manager with questions that need to be addressed. It is our duty to educate citizens, to explain the local governmental operation and the reasons for it, as well as the meaning of City policies. In this way, Council N ; nbers can obtain and maintain citizen support and create a more harmonious and cooperative atmosphere• for the conduct of government business. Creating and maintaining good relationships between g overnment and the citizen is a partnership which requires trust and honesty. Relationship with Administrative Personnel The relationship between Council Members and administrative personnel is dependent on the particular form of government. Council Members should be careful to restrict that relationship to the defined channels. unofficial Council interference in a ninistrative affairs can disrupt business, weaken employee morale, and create antagonistic relationships between administrators and Council Members. Council Members should not attempt to exert any influence over the hiring and firing of administrative personnel, except for those people whose appointment they are responsible, namely the City Manager. Federal, State, and local laws have made personnel administration a very complex affair, with mishandlings costing public employers hundreds of thousands of dollars in litigation, claims, and damages. The City of Brooklyn Center has a very strong commitment in providing its employees with a fair, accountable, and uniform system of personnel administration including procedures to address employee grievances. • City of Brooklyn Center Page 25 City Council Handbook Formulation of City Policy As members of the City's legislative body, Council Members have the duty to formulate government policy. This complex task covers more than writing and passing resolutions and ordinances. Council Members must discover what the public wants through their contacts with the citizens and interest groups. From conferences with administrative officials and from their own observations and studies of City problems, they must determine the City's needs. They must also find out what policies the City can successfully pursue. Council Members must then translate this information into policies that will attain the greatest good for the greatest number of people. Developing good public policy is just like putting a puzzle together by making certain that all the pieces fit correctly. One source of help is current research in the local government field. No City has a totally unique problem. Every City can facilitate progress by using information gained through research. Council Members can get such information from the Office of the City Manager, or organizations like the League of Minnesota Cities, and other professional groups for City officials. To keep abreast of new developments, Council Members will find it helpful to play an active role in such organizations and to read their publications. In conclusion, it is our hope that this manual has provided you with some insights into the workings of your local government. The City staff and I look forward to working with you to make Brooklyn Center a community its residents can be proud of now and in the future. Should you have any questions, please feel free to contact me at your convenience. • City of Brooklyn Center Page 26 APPENDIX 1995 City Council Members Mayor Myrna Kragness 3401 63rd Avenue North Brooklyn Center, MN 55429 h - 561 -7442 Term of Office - 1/1/95 - 12/31/98 Councilmember Barb Kalligher 5548 Girard Avenue North Brooklyn Center, MN 55430 h 566 -3836 Term of Office - 1/1/93 - 12/31/96 Councilmember Kristen Mann 5415 East Twin Lake Boulevard Brooklyn Center, MN 55429 t h - 535 -7646 Term of Office - 1/1/93 - 12/31 /96 Councilmember Debra Hilstrom 3509 66th Avenue North Brooklyn Center, MN 55429 h - 561 -6487 Term of Office - 1/1%95 - 12/31/98 Councilmember Kathleen Carmody 7024 Knox Avenue North Brooklyn Center, MN 55430 h - 566 -3114 Term of Office - 111195 - 12/31/98 City of Brooklyn Center page 27 3 City of Brooklyn Center City Council Regular Session • and Work Session Schedule 1995 January 4, Work Session, Wednesday July 10 January 9 July 17, Work Session January 23 July 24 January 30, Work Session February 13 August 14 February 21, Work Session, Tuesday August 21, Work Session February 27 August 28 March 13 September 11 March 20, Work Session September 18, Work Session March 27 September 25 April 10 October 10, Tuesday April 17, Board of Equalization October 16, Work Session April 24 October 23 May 8 November 13 May 15, Work Session November 20, Work Session May 22 November 27 June 12 June 19, Work Session June 26 Member Barb Kalligher introduced the fallowing resolution and • moved its adoption: RESOLUTION NO. 95 -03 RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council /Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commission other than advisory boards and commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of ti,-;e Charter; and • WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mavor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes: and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers and WHEREAS, the Charte- provides that the City Manager shall control and direct all departments and divisions of the Lity and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary: and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and RESOLUTION NO. 95 -03 WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and, the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: • 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. I To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees su'r'fer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the P Y ublic interest, shall be subject to censure b the City Council. 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/ Manager responsibilities. RESOLUTION NO. 95 -03 January 9, 1995 Date Mayo ATTEST. Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and upon vote being taken thereon, the following voted in favor thereof: iviyrna Kragness, Barb Kallic7her, Kristen Mann, Debra Eilstrom, and Kathleen Carmcdy, and thle following voted against the same: none, whereupon said resolution was declared duly passed and adopted. I I� CHARTER COMMSSION Court Appointed Charter Commission generally meets on the 4th Wednesday of each month, 7:30 p.m., City Hall. The Charter Commission reviews the existing charter, considers proposed changes and makes recommendations to the City Council, and safeguards the concept of Home -Rule under the existing charter and Home Rule P rovisions in the state statutes. Commissioners serve a four -year term, up to two consecutive terms. Chairperson and fourteen members. Eileen Oslund, Chair Ted Willard 6000 Ewing Ave N (29) 6825 Drew Ave N (29) 537 -2858 561 -2975 5/25/91- 5/8/95 6/20/90- 12/1/97 Ulyssess Boyd Tim Willson 4807 Azelia Ave N (29) 6718 Colfax Ave N (30) 537 -3215 566 -6423 5/18/89- 4/20/97 11/16/92- 9/18/96 Ron Christensen Beverly Wolfe 533 -1930 1707 Amy Lane (30) 6101 June Ave N (29) 566 -3889 2/3/87 - 2/3/95 3/3/89 - 2/14/97 Tony Kuefler Vacancy 5943 Abbott Ave N (29) 561 -3251 Vacancy 11/10/86 - 9/18/96 Vacancy Robert Mickelson, Jr. 4006 61st Ave N (29) Vacancy 536 -9187 2/14/93 - 2/11/97 Administrative Assistant Carole Blowers Marie Nyquist 8624 Riverview Lane 7006 Dallas Road (30) Brooklyn Park, MN 55444 561 -3953 560 -0421 4/13/92 - 4/10/96 Rodney Snyder 6408 Willow Lane (30) 566 -6631 4/9/94- 4/8/98 Diane Swanson 7006 Willow Lane (30) 560 -8893 3/24/94- 1/14/98 FINANCIAL COMNUSSION • Financial Commission meets on the 1st Monday of each month, 7:30 p.m., City Hall. The Financial Commission advises the City Council on financial matters in Brooklyn Center. Commissioners serve a three -year term. Chairperson and six members. Donn Escher, Chair Vacancy 3107 65th Ave N (29) - 12/31/97 561 -4533 7/13/92 - 12/31/96 Council Liaison Kathleen Carmody Appt'd Chair 8/17/92 Staff Liaison Charlie Hansen Lee Anderson 5344 N Lilac Drive (30) 588 -8758 12/20/93 - 12/31/96 Ron Christensen 6101 June Ave N (29) 533 -1930 7/13/92 - 12/31/96 Uenis Kelly 7130 Fremont Ave N (30) • 561 -1022 7/13/92- 12/31/95 Lawrence Peterson 5830 June Ave N (29) 537 -7022 10/25/93 - 12/31/95 Ned Storla 4207 Lakeside Ave N #328 (29) 535 -5431 4/26/93- 12/31/97 HOUSING COMMISSION Housing Commission meets on the 2nd Tuesday of each month, 7:30 p.m., City Hall. The • Housing Commission advises the City Council on housing matters in Brooklyn Center. Commissioners serve a three -year term. Chairperson and eight members. Robert Torres, Chair Keith Tuttle 4501 Winchester Lane (29) 5827 Drew Ave N (29) 537 -0813 535 -0309 12/5/88 - 12/31/97 12/6/93- 12/31/96 Todd Cannon Vacancy 2205 Brookview Drive (30) - 12/31/95 - 2 566 037_ 2/22/9 Vacanc - 12/31/97 Ernie Erickson 6800 Drew Ave N (29) Council Liaison Kathleen Carmody 560 -0092 Staff Liaison Tom Bublitz 8/28/89- 12/31/97 Jack Kellv 6129 Scott Ave N (29) 533 -0891 (h); 545 -5000 (w) 7/11/94- 12/31/95 • Maria Olek 6612 Ewing Ave N (29) 561 -2001 5/23/94- 12/31/96 Vince Opat 6012 York Ave N (29) 560 -9538 12/6/93- 12/31/96 HUNIAN RIGHTS AND RESOURCES COMMISSION Human Rights and Resources Commission meets on the 2nd Wednesday of each month, 7:30 .m. City Hall. The p , ty Human Rights and Resources Commission advises the City Council on the protection of civil rights and the preservation oL human needs in the community. Commissioners serve a three -year term. Chairperson and eight members. Wayde Lerbs, Chair Vacancy 5107 E Twin Lake Blvd (29) - 12/31/96 536 -9925 8/22/94- 12/31/95 Vacancy Appt'd Chair 1/11/95 - 12/31/97 Sharon Achtelik Vacancy 3213 Thurber Road (29) - 12/31/97 566 -1914 4/22/91 -12/31 /96 Council Liaison Debra Hilstrom Staff Liaison Nancy Gohman John Henry 2912 Northway Drive #301 (30) 560-2359 4/25/94- 12/31/95 Susan Larsen Brown, mice Chair 5829 Shores Drive (29) 533 -3947 6/22/87- 12/31/95 Sherry Maddox 5711 Knox Ave N (30) 560 -8926 4/26/93- 12/31/97 Charlotte Nesseth 4225 66th Ave N (29) 5 :35-4629 8j22/94- 12/31/96 PARK AND RECREATION COMMISSION Park and Recreation Commission meets on the 3rd Tuesday of each month, 7:30 p.m. City Hall. The Park and Recreation Commission advises the City Council on the park and recreation program in Brooklyn Center. Commissioners serve a three -year term. Chairperson and six members. Bud Sorenson, Chair Vacancy 6901 Toledo Ave N (29) - 12/31/97 P.S.A. III 566 -4524 Council Liaison Kristen Mann 9/24/79- 12/31/96 Staff Liaison Jim Glasoe Kav Lasman 4407 Woodbine Lane (29) P.S.A. III 560 -6689 1/10/94- 12/31/96 Art Mead 3825 56th Ave N (29) P.S.A. V 537 -9186 5/9/88- 12/31/95 Don Peterson 3715 58th Ave N (29) P.S.A. V 533 -5949 11/7/83 - 12/31/95 Sarah Robinson Pollock 7018 Girard Ave N (30) P.S.A. II 566 -9160 5/23/88 - 12/31/95 Thomas Shinnick 5324 Oliver Ave N (30) P.S.A. I 560 -0273 11/13/89- 12/31/97 PLANNING COMMISSION Planning Commission meets on the 2nd and 4th Thursday of each month, 7:30 p.m., City Hall. The Planning Commission advises the City Council on planning, zoning, sign, and subdivision matters. Commissioners serve a two -year term. Chairperson and six members. Tim Willson, Chair Vacancy 6718 Colfax Ave N (30) -12/31 /96 566 -6423 2/22/93 - 12/31/96 Staff Liaison Ron Warren Donald Booth 5824 James Ave N (30) 560 -8864 1/10/94- 12/31/95 Mark Holmes 7207 Grimes Ave N (29) 560 -3036 1/8/90- 12/31/95 Robert Mickelson 4006 61st Ave N (29) 536 -9187 12/28/92 - 12/31/96 Dianne Reem 6225 Chowen Ave N (29) 561 -2690 2/22/93 - 12/31/96 Ella Sander 6732 Willow Lane N (30) 566 -0460 9/6/88- 12/31/95 • City of Brooklyn Center Organization (� ELECTORATE -I -1 -- - -- — City Council Advisory Comm nissions Purchasing Personnel City Attorney - - - - - City Manager Mana — Elections -- �- -.. —�� - -� --- —� Llronses City Clark Soa Chnrt I Personnel Suvuurrs FIRE DEPARTMENT POLICE DEPAn I MEN T FINANCIAL SERVICES PUBLIC SERVICES• C.oMMl1NIiY DEVELOPMENT -Engineering •Fire Prevention ' -Accounting � -Fire Su rrosslon - Investluation -Audit Su'est Mntce 1 -Crime Prevention - Assessing -Emer unr. Pre rarraln as -Utility Billing -- Sanitary Sower . 0 Y 1 - InspaaUuns ' _ - Community Programs -L11sk Mana orrnont -EDA/I IRA -Control Garage -- -- - - -- - -- — -Su r r ❑ -Gov't Burgs Soo Chart [ Pereonnol Structure f l art Smvicne - Manngoment Information Services - Zoning - Liquor Store" • -V, •Stortin Sewer Sou Ch n art P P0 re Slrucurra -Water Dept Sao F, - 11 - 11 G Personnel S4tuctura Planning -Park Mntce - Racreadon Programs • Soo C Coat 11 - Community Center" Personnel Suvcturo -Golf Coursa Sea Chart D Personnel Structure I Council Meeting Date January 22 1995 G 3 City of Brooklyn Center Agenda Item Number I ` Description: Item Descri P Request For Council Consideration • Resolution Expressing Recognition and Appreciation of Jerry Pedlar for His Dedicated Public Service as Councilmember Department Approval: Sharon Knutson, Deputy City Clerk r; Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass a Resolution Expressing Recognition and Appreciation of Jerry Pedlar for His Dedicated Public Service as Councilmember. • Summary Explanation: (supporting documentation attached No ) It has been the practice of former City Council's to recognize members who served as a Councilmember or Mayor. In looking through some of the recent history, it was noted that Jerry Pedlar did not receive this recognition resolution. This resolution is offered this evening to continue honoring all those who have dedicated public service to the City. • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JERRY PEDLAR FOR HIS DEDICATED PUBLIC SERVICE AS COUNCILMEMBER WHEREAS, Jerry Pedlar served as a member of the Brooklyn Center City Council from 1989 through 1992; and WHEREAS, his service to the City and his consistent leadership have contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his services and achievements for the betterment of the City should be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Jerry Pedlar is hereby presented with this resolution as a visible and lasting • expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of the city of Brooklyn Center. 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 January 23. 1995 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: Resolution Expressing Recognition and Appreciation of Philip Cohen for His Dedicated Public Service as Councilmember Department Approval: &])AM - *,� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass a Resolution Expressing Recognition and Appreciation of Philip Cohen for His Dedicated Public Service as Councilmember. Summary E a y p anation: (supportin documentation attached No ) It has been the practice of former City Council's to recognize members who served as a Councilmember or Mayor. In looking through some of the recent history, it was noted that Philip Cohen did not receive this recognition resolution for his time served as a Councilmember 1989 through 1992. This resolution is offered this evening to continue honoring all those who have dedicated public service to the City. • qt Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PHILIP COHEN FOR HIS DEDICATED PUBLIC SERVICE AS COUNCILMEMBER WHEREAS, Resolution No. 78 -20 recognized Philip Cohen for his dedicated public service as a Village Trustee from 1963 through 1965 and as Mayor from 1966 through 1977; and WHEREAS, on May 22, 1989, Philip Cohen was appointed by Council to fill the unexpired term of Councilmember Gene Lhotka until December 31, 1990; and WHEREAS, on January 16, 1991, Philip Cohen was appointed by Council to fill the unexpired term of Councilmem r Tod Paulson it D 1992; p be d au son unt December 31, and WHEREAS, his continual service to the City and his consistent leadership have contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his services and achievements for the betterment of the City should be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Philip Cohen is hereby presented with this resolution as a visible and lasting expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of the city of Brooklyn Center. 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 01/23/95 Cfty of Brooklyn Center Agenda Item Number 9 Request For Council Consideration • Item Description: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET AND THE CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF FIVE (5) SQUAD CARS Department Approval: Karla Wickre, Deputy City Clerk Manager's Review/Recommendation: -% No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Amending the 1995 General Fund Budget and the Central Garage Budget and Authorizing The Purchase of Five ( 5 ) Squad Cars • Summa Explanation: I`Y P (supporting documentation attached No ) An appropriation in the amount of $77,500 ($15,500 per car) was approved in the 1995 central garage budget for purchase of five squad cars for the police department. Since the City of Brooklyn Center is a member of the Hennepin County Cooperative Purchasing Group and the Minnesota Cooperative Purchasing Venture, the City can purchase squad cars from the contracts of these organizations. Both organizations advertised for bids for squad cars, Hennepin County received the lower bid, and Hennepin County awarded the contract to Superior Ford. The bid price for each squad car is $16,816 which is $1,316 more than was budgeted in the City's 1995 budget for each squad car. The cost of five squad cars using he Hennepin in Coun contract would 4 g p County be $8 ,080 plus $83 for a service manual for a total cost of $84,163. For the last two years, the City has purchased squads from a State contract that was bid when car sales were slow and the manufacturers were hungry. That contract has expired and had to be rebid this year in the midst of record sales. The manufacturers don't need our sales and bid much higher prices. We anticipated this and budgeted for higher prices, but not high enough. The squads, like all other City Vehicles, are owned and maintained by the Central Garage Fund. Departments that use the vehicles pay a rental fee to the Central Garage which covers the depreciation, fuel, maintenance, insurance, and any other cost of the vehicle. When a vehicle needs replacement, the Central Garage should have accumulated enough cash to pay for the purchase of the replacement • vehicle. This may not be true due to inflation or a switch to a larger or more capable model. In those instances, the department using the vehicle must budget for the increased purchase cost so that the Central Garage doesn't start out a new vehicle with a fundin g deficit. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET AND THE CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF FIVE (S)QUAD CARS WHEREAS, an appropriation of $77,500 was approved in the 1995 Central Garage Budget for the purchase of five squad cars; and WHEREAS, the City of Brooklyn Center is a member of both the Hennepin County Cooperative Purchasing Group and the Minnesota Cooperative Purchasing Venture; and WHEREAS, the Hennepin County Cooperative Purchasing Group and the Minnesota Cooperative Purchasing Venture each have contracts for squad cars which the City could take part in thereby eliminating the need for the formal advertising and bidding process; and WHEREAS, the Hennepin County Cooperative Purchasing Group received the lowest bid and has awarded such bid to Superior Ford at a cost of $16,816 per vehicle; and ® WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center provides for a contingency appropriation as a part of the General Fund Budget and further provides the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, operating procedures adopted for the Central Garage fund require that when the purchase cost of a new vehicle exceeds the funds on hand for the purchase, the department using the vehicle must make up the shortfall as part of its budget. CD NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. the 1995 Central Garage Budget is amended to increase the revenues for replacement charges and the appropriation for the purchase of five squad cars by $6,663. 2. the 1995 General Fund Budget is amended to increase the appropriation for Police Department capital outlay by $6,663. 3. the 1995 General Fund Budget is amended to decrease the appropriation for Unallocated Department contingency account by $6,663. 4. the purchase of five squad cars from Superior Ford using the Hennepin County Cooperative Purchasing Group contract in the amount of $84,163 is hereby approved. 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. •