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HomeMy WebLinkAbout1994 10-24 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER OCTOBER 24, 1994 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report S/ 6. Approval of Agenda and Consent Agenda PP g g -All items listed with an asterisk 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 in its normal sequence on the agenda. 7. Approval of Minutes: * a. October 11, 1994 - Regular Session 8. Announcement of Special City Council Meeting to Canvass the November 8, 1994, P Y Municipal General Election Returns 9. Appointment of Election Judge: * a. Additional Election Judge for November 8, 1994, General Election 10. Proclamation: * a. Declaring November 11 through 18, 1994, as Minnesota Chemical Health Week 11. Public Hearings: (7 p.m.) a. Public Hearing Regarding Proposed Special Assessments, Improvement Project No. 1994 -19, Shingle Creek Parkway Mill and Overlay J 1. Resolution Certifying Special Assessments to the Hennepin County Tax Rolls n o' b. Relative to the Treatment of Unity Place (Formerly "The Ponds ") as a Leasehold Cooperative 1. Resolution Making Certain Findings Relative to the Treatment of Unity Place (Formerly "The Ponds ") as a Leasehold Cooperative 0 q�l Ste# A s/d CITY COUNCIL AGENDA -2- October 24, 1994 12. Ordinances: 7:15 . m. ( p ) a. Amending Chapter 2 of the Brooklyn Center City Charter -This item was first read on September 12, 1994, and the City Council requested further review by the Charter Commission and it is recommended for a first reading this evening. b. Amending Ordinance No. 92 -15 Regarding Council Salaries -This item was first read on October 11, 1994, published in the City's official S�D a news er on October 12 1994 and is offered this evening for a second reading Pp � g g and public hearing. 13. Discussion Items: a. Audit Committee Recommendation for Professional Auditing Services b. Report of the Northeast Transportation Corridor Task Force c. Mission Statement d. Approval of Police Chief Selection Process 14. Resolutions: • a. Amending Special Assessment Levy Roll Nos. 13131 and 13132 to Provide for the; .- Award of Assessment Stabilization Grants q, Z 2 ( a �.� , , t� � • . „ � ... • b. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 10/24/94) 2 7 • c. Calling for a Public Hearing by the City of Brooklyn Center on the Modification of Housing Development and Redevelopment Project No. 1 and the Creation of Tax Increment Financing District No. 3 *"W ZZ • d. Approving Purchase Agreement for Improvement Project No. 1993 -18 (MTC Park and Ride) GL J 2 2 Cl 15. Final Plat Approval: 7 7 * a. AMCORP ADDITION Final Plat - This preliminary plat was approved by the Council on 9/26/94. 16. Performance Guarantee Reduction: * a. Lutheran Church of the Master, 1200 69th Avenue North * 17. Licenses 18. Adjournment Council Meeting Date October 24, 1994 31 City of Brooklyn Center Agenda Item Number / Qi Request For Council Consideration • Item Description: City Council Minutes - October 11, 1994 - Regular Session Department Approval: 4k, � Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: 4, -'�"�� No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached ) • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 11, 1994 CITY HALL CALL, TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro Tem Barb Kalligher at 7:00 p.m. RQ ,T.. Mayor Pro Tem Barb Kalligher, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Community Development Specialist Tom Bublitz, Acting Chief Scott Kline, Director of Community Development Brad Hoffman, Financial Commission Chair Donn Escher, City Attorney Charlie LeFevere, and Council Secretary Barb Collman. Mayor Todd Paulson was expected to arrive late. PENIN O Q CEREMONIES Mr. Dwight Dunberg offered the invocation. OPEN FORUM Mayor Pro Tem Kalligher noted the Council had received no requests to use the open forum session this evening. She inquired if there was anyone present who wished to address the Council. There being none, she continued with the regular agenda items. APPROVAL OF AGENDA AND CONSENT AGENT A Mayor Pro Tem Kalligher inquired if any Councilmember requested any items be removed from the consent agenda. No requests were made. There was a motion by Councilmember Rosene and seconded by Couneilmember Scott to approve the October 11, 1994, agenda and consent agenda as printed. The motion passed unanimously. 10/11/94 - 1 - AITOIN 0.,I' ELECTION TUDGES F .NOVEMBER 8. 1994, GENERAL ELECTION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the additional Election Judges for the :November 8, 1994, General Election. The motion passed unanimously. RESOLUTIONS RESOLUTION N% 94 -217 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING SETTLEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESQ,LUTION NO. 94 - 218 Member Dave Rosene introduced the following; resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT TO THE PROJECT P,E.A.C.E. JOINT POWERS AGREEMENT, ITS PROPOSED BUDGET, AND ITS CONTRACT FOR DOMESTIC INTERVENTION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ZESOLUTION NO, 94 -219 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 PAY PLAN, APPROVING THE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER A�IND INDEPENDENT SCHOOL DISTRICT #286 FOR A SCHOOL LIAISON OFFICER PROGRAM TO BEGIN IN OCTOBER 1994, AND APPROVING THE SCHOOL LIAISON PROGRAM IN THE 1995 BUDGET. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. I0 /11194 -2- 0 RESOLU'T'ION N0: 94-22 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL- NOS. 13131 AND 13732 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO, 94 -221 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/11/94) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO, 94 -222 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING FORBIDS FOR IMPROVEMENTPROJEC7' NO. 1993 -18, CONTRACT 1994 -Q, RESIDENTIAL STRUCTURE REMOVAL (PARK AND RIDE /STORM POND SITE) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -= Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PURCHASE OF ONE (1) H.D. TWO -STAGE SNOW BLOWER ATTACHMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 10/11/94 -3- RFSOLi TTION NO, 94 -22� Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION R.PJECTING BIDS FOR IM?ROVEMENT PROJECT NO. 1994 -33, REMOVALS 1994 -P MISCELLANEOUS , EXCAVATION AND CONTRACT , CONCRETE CURBING The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Li�'ENSES There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: MECHANICAL SY51EMS 14745 S. R obert Trail H o nz R an Pl um bin g & Heating ea Y $ 8 Northwest Sheetmetal Co. 2136 Wabash Ave. United Heating and A/C 2702 Idaho Ave. N. RENTAL DWELLINGS Initial: German Vazquez and Zoraida Bari 6515 Camden Drive N. Doug and Theresa Cherney 6818 Dupont Ave. N. Renewal. Randall B. Cook 5347 Brooklyn Blvd. James Ferrara 6031 Brooklyn Blvd. Randall Tyson 5137 - 39 France Ave. N. Patrick Month 5302 Fremont Ave. N. John and Gail Lambert 5900 Washburn Ave. N. The motion passed unanimously. APPROVAL OF MINUTES SEPTEMBER 19, 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Rosene: and seconded by Councilmember Mann to approve the minutes of September 19, 1994, special work session as printed. Mayor Pro Tom Kalligher asked the minutes be corrected by the addition of the following: " Councilmember Barb Kalli her was excused from toni ht r s meeting Mayor Pro Tern Kaliigher abstained. The motion passed. 10/11/94 -4- SEPTEMBER 2& 1994 - REGULAR SESSION There was a motion by Couneilmembcr Scott and seconded by Councilmember Rosene to approve the minutes of September 26, 1994, regular session as printed. Mayor Pro Tern Kalligher asked the minutes be corrected by the addition of the following: in . er was excused from tonight's meets Councilmember Barb Kalligh $ Mayor Pro Tem Kalligher abstained. The motion passed. DISCUSSION ITEMS RECOMMENDATION OF THE FINANCI COMMISSION REGARDING THE MAYOR AND COUNCIL MEMBER TOT . COMPEN5ATION The City Manager presented a recommendation of the Financial Commission Regarding the Mayor and Council Member Total Compensation. The recommendation supported a $204 annual increase in salaries. Donn Escher, chair of the Financial Commission, discussed the recommendation.. A policy and procedure for reviewing compensation was written by the Financial Commission and approved by the City Council last year. He reviewed the procedure, which includes a comparison of salaries with other municipalities. The analysis is to be performed biennially. The recommended increase would put Brooklyn Center's salaries for mayor and councilmembers in an average range when compared with the salaries in 20 comparable cities considered. The increases would take effect January 1, 1995, and January 1, 1996. The increase would bring the mayors salary to 9 ;7,500 in 1995 and $7,700 in 1996; and bring the councilmembers' salaries to $5,500 in 1995 and $5,700 in 1996. Mr. Escher said he informally surveyed the current councilmembers and determined they, over the course of a year, invest a minimum of 1,000 volunteer hours. He noted it is difficult for the mayor and councilmembers to vote on this issue, but asked that they consider the vote in terms of those who will be affected in the future. Also, maintaining a steady increase is preferable to falling behind sand needing a jump in salaries to get to an average level. Councilmember Scott thanked the Financial Commission for the work involved in designing the. rinliry anti nnnly7ing the. mirrPnt stntim of m1arie.s ShP rtinfirmpt) it is diffinilt to vntr. a salary increase for yourself. She noted a few years ago Brooklyn Center's salaries had fallen behind and it was necessary to catch up. Councilmember Rosene commented he is more at ease discussing salaries since he is not seeking re- election. He agreed with the Financial Commission's recommendation but felt it was a little conservative. He felt the mayor's ,salary should be increased to $7,700 in 1995 10/11/94 -5 - and $7,900 in 1996; and the councilmembers' salaries should be increased to $5,700 in 1995 and $5,900 in 1996. He stated even with these figures Brooklyn Center would be below average. He said the mayor and councilmembers work hard and it would be fair for them to earn an average salary. Councilmember Scott disagreed with Councilmember Rosene but said she would go along with the Financial Commission's recommendation. She noted members of the community have been experiencing union raises of zero to ti vo percent. The increase recommended by the Financial Commission would be in line with average community raises. She would prefer yearly increments rather than an increase of four to five percent in one year. Councilmember Rosene agreed raises should be equal to those of members of the community, but the situation is different because the mayor and couneilmember salaries are below a fair level and need to be adjusted. Once salaries are caught up, it would be reasonable to grant increases equal to citizens' increases. He suggested an increase of $340 each year instead of $400 in 1995 and $200 in 1996. Mayor Pro Tem KaUigher agreed with Councilmember Scott on the issue. She commented members of the City Council do not seek their positions out of a desire to make a lot of money. Councilmember Mann concurred members of the, Council serve out of civic duty rather than for money. She agreed with the recommendation of the Financial Commission. Councilmember Rosene said he would defer to the wishes of the other councilmembers. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve first reading of An Ordinance Amending Ordinance No. 92 -15 Regarding Council Salaries. The motion passed unanimously. APPQINTMENI' OF COUNCIL MEMBER T'O SERVE ON BROOKLYN CENTER SCHQQL DISTRICT NO 2ffLCOMMUNITY EDIICATTOH COVNCIL, The City Manager pointed out the materials in the Council packets which describes the program. He noted an official appointment is required by law to formalize the connection. Councilmember Mann recommended Mayor Pro Tem Kalligher be appointed since her children attend school in District No. 286. Mayor Pro Tem Kalligher accepted the nomination. Councilmember Scott indicated she had served in this position previously and felt the liaison between the school district and the City was an asset to the City Council. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to appoint Mayor Pro Tem Kalligher to serve on the Brooklyn Center School District No. 286 10/11/94 -6- Community Education Advisory Council. Mayor Pro Tem Kalligher abstained. The motion passed COUNCIL REPORTS PRESENTATION OF OFFICER MELONEY REID Acting Chief Kline introduced Officer Meloney Reid, a new police officer for the Brooklyn Center Police Department. He reviewed her education, training, and former law enforcement employments. The members of the City Council welcomed Officer Reid. They also thanked Acting Chief Kline for introducing the two new members of the department. Councilmember Rosene noted Officer Reid's parents and grandparents were in attendance for the presentation. PUBLIC HEARING ON ISSUANCE OF REVENUE BONDS FOR THE FOUR COURTS APARTMENTS The City Manager noted the City is not obligated to approve the tax - exempt bonds. He added the venture has State approval and will enhance the property. He stated the planned renovation to the apartments will cost $2.4 million. He also indicated the Dominium. Company has a good reputation for management of such properties. The Community Development Specialist stated the management anticipated and the rehabilitation to the physical plant are the two key elements to be considered. Mr. Armin Brockman, vice president of Dominium Company, stated the company has 20 years of experience operating multi- family housing. The organization is pro - active and hopes to be a positive solution to concerns with the property. Councilmember Scott commented residents in the area of the apartments are optimistic. It is hoped the property will be restored to its formerly good reputation. She said the Council was happy to assist the company in taking this step. Mayor Pro Tem Kalligher opened the meeting for the purpose of a public hearing on Issuance of Revenue Bonds for the Four Court Apartments at 7:30 p.m. She inquired if there was anyone present who wished to address the Council. There was no one present to address the Council. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:31 p.m. The motion passed unanimously. The City Manager presented a Resolution Adopting a Housing Program for and Authorizing the Issuance, Sale and Delivery of Rental Housing Revenue Bonds (Four Courts Apartments 10/11/94 - 7- Project) Series 1994, in an Amount not to exceed $7,500,000; Approving the Form of and Authorizing the Execution and Delivery of a Lean Agreement and Indenture of Trust and Other Documents; Approving the Form of and Authorizing the Execution and Delivery of Said Bonds. RESOLU'T'ION NO, 94-225 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A HOUSING PROGRAM FOR AND AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF RENTAL HOUSING REVENUE BONDS (FOUR COURTS APARTMENTS PROJECT) SERIES 1994, IN AN AMOUNT NOT TO EXCEED $7,5000,000; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND INDENTURE OF TRUST AND OTHER DOCUMENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID BONDS. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmcmber Rosene indicated he intends to review the materials on this project from time to time. TWIN LAKE USE TASK FORCE AP OINTMENT PROCEDURES The City Manager explained the City Council had previously approved preliminary involvement in the task farce pending approval by the other participating cities. The purpose of the task force would be to study lake use issues and bring recommendations to the Park and Recreation Commission which would then come before the City Council, The City Manager said the cities of Crystal and Robbinsdale have appointed representatives. Each community is to appoint five people, using some specific guidelines. He recommended the at -large positions for the task force be published and the Park and Recreation Commission be asked to appoint one of its members. He also recommended the Council appoint Acting Chief Kline and the Director of Recreation to the task force. Councilmember Mann commented she has been contacted by several residents on this issue and it is important action be taken. There was a motion by Councilmember Mann and seconded by Councilmember Scott to appoint Acting Chief Kline and the Director of Recreation to the Twin Lake Usc Task Force, Councilmember Rosene asked whether the motion could be amended to add the wording, "and to direct Staff to publish two at -large representative positions." Councilmember Mann agreed to the amendment. 10/11194 -g- Couneilmember Rosene questioned whether the City of Crystal also appoints a couneilmember, serving in a dual position. The City Manager confirmed it does. The motion passed unanimously. Mayor Paulson arrived at 7:35 p.m. Councilmember Mann noted the Park and Recreation Commission will appoint a representative at its next meeting. PROPOSED 1995 CAPITAL IMPROVENIFI Fr PROGRAM AND PROPOSED 1995 BOND ISSUE The Director of Public Services noted the Proposed 1995 Capital Improvement Program is a planning document listing projects over the next ten years. The purpose is to ensure the City is planning improvements m a prudent financial manner. S he r e c ommended the Council consider the Capital Improvement Program (CIP), bring it to a Public Hearing, then approve it. The Director of Public Services explained the expenditure policy is new. Specific conditions are made for some expenditures. A project costing $200,000 or more must be on the CIP for two years. She reviewed the improvements to the Civic Center, parks, and fire stations now being considered for inclusion in the bond referendum in terms of their length of time on the CIP. She noted this introduction was not to be considered a formal presentation of the CIP. A public hearing would be the formal presentation. The City Manager stated the CIP is a planning document containing projected improvements. He said Staff is interested in hem input on additions and deletions to the list. It is necessary to decide on items before detailing costs. Mayor Paulson inquired if the list is the same as it has been. The City Manager responded affirmatively and said if the list is approved the costs will then be assembled. There was a discussion of Community Center improvements and improvements to City Hall versus a separate safety building. The Director of Public Services said remodeling is generally more costly than new construction. Mayor Paulson b considered. Y o said in that case new construction should a The Director of Public Services said that in this case the HVAC system, roof, windows, and other City Hall systems need to be improved regardless, so that would be an added expense to the new construction option. 10111194 - 9 - The City Manager stated the main item in the $6 million figure is a public safety addition. Mayor Paulson asked for the breakdown. The Director of Public Services said a packet was distributed two to four weeks previously which gave costs. About one -half of the $6 million figure is the public safety addition. Councilmember Scott asked whether that cost assessment includes the radio communications network for the police department. The City Manager said the architects did not recommend remodeling the downstairs of City Hall for the police department. Their suggestion was to build an addition to the west of the building and the initial plan includes space for the radio communications network. Councilmember Scott asked whether the cost of the addition includes the price of the police department communication system, The City Manager said the cost would include the room for the system, but not the equipment itself. Councilmember Scott said it is her opinion the, City would be better off to construct an adjacent addition rather than a separate, free - standing building. Such a plan would be more efficient and a better use of money. The existing downstairs space would not be wastcd. Mayor Paulson stated some action needs to be taken but there is not enough information available to make a decision. He said he would: like to see the options explored. The City Manager commented the Council could direct Staff to do further research. The Director of Public Services said extensive information was included in the materials distributed several weeks ago. Mayor Paulson inquired when the study had been done, The Director of Public Services stated the memo noting pros and cons of constructing a separate building was completed recently. The materials also included a 1988 architectural study of an on -site option for the police department and Community Center. The 1988 costs had been updated. In addition, there were studies regarding the fire department, with cost updates, and regarding parks. The Director of Public Services reviewed the pros and cons of constructing a separate building or an addition. An off -site building would be costly due to a separate HVAC system and other systems, separate maintenance;, and the necessity of land purchase. The Director of Public Services said Staff can continue to explore the options; however, from the standpoints of operation, cost, and location, an on -site addition makes the most sense. 10 /11 /94 _10- Mayor Paulson commented adding more space needs to be considered as a redevelopment tool as well as meeting space needs. Adding on doesn't cause an enhancement to the surrounding community. The Director of Public Services noted the Brooklyn Boulevard study done previously had provided ideas. Architectural enhancements can be considered along with cost effectiveness. Mayor Paulson asked for the neat step requested. The City Manager said Staff suggests the scheduling of a public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to schedule a public hearing on the Proposed 1995 Capital Improvement Program and Proposed 1995 Bond Issue, Mayor Paulson noted Council would review the program again. The City Manager confirmed this. Mayor Paulson asked whether the public hearing would be publicized. The City Manager said the public hearing would be published in City publications and newspapers. Councilmember Rosene suggested the public hearing be announced on cable television. The motion passed unanimously. CITY COUNCIL COMMUNITY SPIRIT - T The City Manager pointed out a memo from the Assistant City Manager. The memo suggested three meeting dates and also recommended Community Spirit Night be tied to some community activity. The Council and Staff would dress informally and show support for the activity. He listed the three dates and the activities which they could enhance: first meeting in April - Volunteer Recognition Week; first meeting in June - Earle Brown Days; second meeting in October - Heritage Festival. Mayor Paulson asked whether the next Council meeting, October 24, would be a suitable date. The City Manager said it would. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to hold a Community Spirit Night at the October 24, 1994, meeting in conjunction with Heritage Festival. The motion passed unanimously. MISSION STATEMENT The City Manager said an attempt is being made to locate written materials reflecting the work previously done on this issue. He asked the councilmembers to supply any written information they have in their possession. He said the files containing modifications to the statement are missing. 10/11/94 Councilmember Kalligher expressed concern that a mission statement should be left up to the new council after the election. Mayor Paulson stated it was his wish to finish the work begun a year and a half ago by this council. The City Manager said he would be forwarding materials this week., A]2J0URNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:09 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcnbed by: Barb Collman Timesaver Off Site Secretarial 10/11/94 -12, Council Meeting Date Q 10/24/94 31 City of Brooklyn Center Agenda Item Number U Request For Council Consideration Item Description: Announcement of Special City Council Meeting to Canvass the November 8, 1994, Municipal General Election Returns Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: xe --- No comments to supplement this report Comments below /attached Recommended City Council Action: The Mayor should make the following announcement: ® There will be a special meeting of the city council on November 8, 1994, at approximately 9:30 p.m., or as soon thereafter as the municipal general election results are returned, for the purposes of canvassing the results of the November 8, 1994, municipal general election. Summary Explanation: (supporting documentation attached No ) As required by Section 4.06 of the City Charter and M.S. Chapter 205.064, subd. 5, the city council must meet to canvass the November 8, 1994, municipal general election returns and make full declaration of the results to the city clerk. This meeting will take place in the council chambers as soon as the election judges return supplies and results to City Hall (approximately 9:30 p.m.). • The city council shall declare the candidate with the highest number of votes as the elected official for the office of mayor. • The city council shall declare the two candidates with the highest number of votes as the elected officials for the two council member offices. In case of a tie vote, the city council shall determine the result by lot. • Council Meeting Date October 24, 19% 31 City of Brooklyn Center Agenda Item Number —s —la— Request For Council Consideration • Item Description: Appointment of Additional Election Judges for November 8, 1994, General Election Department A roval: PP ��Y��IxJLbYL. _ Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Appoint the following list of persons to serve as election judges for the 1994 General Election. • Summary Explanation: (supporting documentation attached No ) The general election will be conducted on November 8, 1994. Precint 1 D- Thomas Bennett Precinct 5 D -Lyle Sands Council Meeting Date 110/24/94 City of Brooklyn Center Agenda Item Number !J Q"' Request For Council Consideration Item Description: Proclamation Declaring November 11 through 18, 1994, as Minnesota Chemical Health Week Department Approval: r l ✓� /f Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Declare the week of November 11 through 18, 1994, as Minnesota Chemical Health Week. • Summary Explanation: (supporting documentation attached Yes ) See attached documentation from Robbinsdale Area Community Education Center. ROBBINSDALE AREA COMMUNITY EDUCATION CENTER 4139 Regent Avenue North Robbinsdale, Minnesota 55422 (612) 535 -1790 October 12, 1994 Dear Mr. Splinter: Minnesota Chemical Health Week will be celebrated November 11 -18. Concerned citizens statewide will join together to heighten awareness of, and reduce problems associated with, alcohol, tobacco and other drug abuse (ATODA). The focus of the week is to promote a commitment to ongoing prevention efforts in all segments of our communities. The theme for the campaign is "Alcohol, Tobacco and Other Drug Abuse Costs, Prevention Saves." Robbinsdale Area Schools will join with state, county and city efforts by displaying red ribbons as a symbol of our commitment to help reduce and prevent drug and alcohol abuse. In order for Minnesota Chemical Health Week to be a successful community -wide chemical abuse prevention effort, it is essential that all Minnesota communities work together to sponsor and promote it. You are invited to participate in what has become the largest coordinated prevention effort in the state. Please show your support by encouraging employees and community members to artici ate in the week's activities see attached for m information). p p es( r oe The intent of the week is to show that District 281 and the community are committed to providing opportunities for students, staff and community members to make healthy choices. Your support will strengthen the philosophy that Minnesota Chemical Health Week is a celebration for the community, by the community. Please feel free to call me with questions at 535 -1790, extension 205. Free materials are available to assist you in marketing the week. Contact Minnesota Prevention Center at 427 -5310 to order a Community, Religious or School Activity packet and Drug Talk cards, and MADD at 938 -0700 after November 1 to order red ribbons. Sincerely, Sandra S. Bengtson Youth Development/Chemical Coordinator Enclosure: MN Chemical Health Week flier Sample Press Release Sample Proclamation Sample red ribbon Sample Drug Talk card Poster Chemical Health Week\L -City \10.10.94 INDEPENDE;VTSCHOOL DISTRICT 281 Robbinsdale Area Schools Learning for a lifetime of growing PROCLAMATION DECLARING NOVEMBER 11 THROUGH 18, 1994, AS MINNESOTA CHEMICAL HEALTH WEEK WHEREAS, over half a million Americans will die this year from alcohol, tobacco, and other drug- related causes; and WHEREAS, every man, woman, and child in America pays nearly $1,000 annually to cover the costs of unnecessary health care, extra law enforcement, auto accidents, crime, and lost productivity resulting from substance abuse; and WHEREAS, prevention and treatment efforts have made major gains in reversing the trend toward more and more alcohol, tobacco, and other drug use; and WHEREAS the color RED has been chosen to represent individual and community Y commitment to efforts to reduce demand for alcohol and other drugs in our communities; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, neighborhoods, youth, senior citizens, and other individuals are encouraged to demonstrate their commitment to help reduce and prevent alcohol, tobacco, and other drug abuse by wearing and /or displaying the color RED during Minnesota Chemical Health Week. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim November 11 through 18, 1994, as Minnesota Chemical Health Week and, in recognition of this event, support the activities sponsored by the Minnesota Chemical Health Week, MADD's Red Ribbon Project, and D -Day and encourage community participation in all Minnesota Chemical Health Week activities and other alcohol and other drug abuse prevention efforts year- round. Date Mayor Attest: Deputy Clerk Council Meeting Date 10/24/94 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS, IMPROVEMENT PROJECT NO. 1994 -19, SHINGLE CREEK PARKWAY MILL AND OVERLAY Department Approval: Diane Spector, Direct of Public Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessments for collection on the Hennepin County tax rolls. • Summary Explanation: (supporting documentation attached Yes ) On September 26, 1994 the City ouncil adopted Resolution No. 94 -203 providing for public hearing P ty P P g P g regarding proposed assessments for Street Improvement Project No. 1994 -19. The purpose of this resolution is to certify special assessments for this project to the Hennepin County tax rolls. All property owners have been duly notified by certified mail of this special assessment hearing. Improvement Project No. 1994 -19 involves roadway resurfacing and utility improvements. The special assessments relate only to that portion of the project specifically relating to street resurfacing. Repairs and /or improvements to the sanitary sewer, water main and storm sewer would be funded by their respective Utility Funds. Assessment Rates In accordance with the City Council's policy regarding improvement projects in commercial areas, proposed assessments would recover 2/3 of the entire cost of the improvement project. These costs are distributed according to parcel area. The unit of assessment for commercial property is $0.09882/sq. ft. As of October 18, 1994, no written objections have been received regarding the proposed special assessments. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment i Levy No. 13133 for the following improvement: SHINGLE CREEK PARKWAY OVERLAY, FREEWAY BOULEVARD TO 69TH AVENUE NORTH IMPROVEMENT PROJECT NO. 1994 -19 WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a street improvement account is to be assessed with the amount, including interest and service charges, to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessment, Special Assessment Levy 13133, made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 1995, and shall bear interest at the rate of nine (9) percent per annum for a period of fifteen months from October 1, 1994 through December 31, 1995. 3. The owner of any property so assessed may at any time prior to the certificate of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount RESOLUTION NO. of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest shall be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Todd Paulson, 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 BROOKLYN CENTER SPOIL ASSESSMENT ROLL i s October 24, 1994 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1994 -19 Levy No.: 13133 Description: Shingle Creek Parkway Mill & Overlay Fund /Code No.: 9027 -1370 Levy Description: STREET CONST 94 -19 Location: Shingle Creek Parkway from 1 -94 to Freeway Boulevard (west of Xerxes Avenue) Levy runs ten (10) years at an interest rate of nine (9) percent. First payment, with property taxes payable in 1995 Improvement Hearing Date: June 13, 1994 shall include fifteen (15) whole months' interest. Improvement Ordered On: June 13, 1994 Date of Assessment Hearing: October 24, 1994 By Resolution No.: 94 -121 Adopted On: Assessment District: By Resolution No.: Method of Apportionment: Corrections. Deletions. Or Deferments: Cost Summary From Resolution No: TOTAL IMPROVEMENT COST: $319,497.00 Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $189,494.00 City Property: $16,868.94 Other Public Property: $22,412.86 Private Property: $150,212.20 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL SHINGLE CREEK PARKWAY OVERLAY (94 -19) MUNICIPAL CODE NO. 22 OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. PROPERTY ASSESSED Name Name NO. IDENTIFICATION NO. NO. AMOUNT Address I Mailing Address Mailing Address 13133 35- 119 -21 -14 -0008 89772 $11,551.52 1800 Freeway Blvd. ST. PAUL PROPERTIES 385 Washington Street St. Paul, MN 55102 13133 35- 119 -21 -14 -0007 89772 $3,965.14 6540 Shingle Creek Pkwy. US WEST /NW BELL c/o Klaus Cox 6300 South Syracuse Way, Suite 770 North Englewood, CO 80111 13133 35- 119 -21 -14 -0006 89772 $6,146.34 6660 Shingle Creek Pkwy. NORTHWESTERN NATIONAL LIFE INSURANCE c/o Universal Mortgage Co. 744 North 4th Street Milwaukee, WI 53203 13133 35- 119 -21 -13 -0020 04001 $9,486.92 2200 Freeway Blvd. SHINGLE CREEK LAND COMPANY Brookstone Real Estate Service 3300 Edinborough Way Suite 207 Edina, MN 55435 13133 35- 119 -21 -13 -0017 02256 $10,269.00 6601 Shingle Creek Pkwy. PROVOST LIMITED PARTNERSHIP 150 North Wacker Drive, Suite 150 Chicago, IL 60606 13133 35- 119 -21 -12 -0005 89778 $7,302.96 6700 Shingle Creek Pkwy. MEDTRONIC INC. 7000 Central Avenue NE Minneapolis, MN 55432 13133 35- 119 -21 -12 -0004 89778 $10,223.15 6800 Shingle Creek Pkwy. MEDTRONIC INC. 7000 Central Avenue NE Minneapolis, MN 55440 13133 35- 119 -21 -12 -0003 89778 $3,315.48 6800 Shingle Creek Pkwy. LUTHERAN BROTHERHOOD 625 Fourth Avenue South Minneapolis, MN 55415 13133 35- 119 -21 -12 -0002 89778 $12,817.23 6820 Shingle Creek Pkwy. PRUDENTIAL INSURANCE CO. OF AMERICA 1 Prudential Plaza Tina Zambo, Suite 1300 Chicago, IL 60601 -6 21 7 13133 35- 119 -21 -12 -0013 01998 $7,352.37 6707 Shingle Creek Pkwy. PROVEST LIMITED PARTNERSHP 150 North Wacker Drive, Suite 150 Chicago, IL 60606 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL SHINGLE CREEK PARKWAY OVERLAY (94 -19) MUNICIPAL CODE NO. 22 OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. PROPERTY ASSESSED Name Name NO IDENTIFICATION NO. NO. AMOUNT Address Mailing Address Mailing Address 13133 35- 119 -21 -12 -0008 01199 $16,117.89 6801 Shingle Creek Pkwy. JOHN & REBECCA ALLEN 2358 West Lake of the Isle Minneapolis, MN 55405 13133 35- 119 -21 -21 -0003 89776 $10,465.26 6840 Shingle Creek Pkwy. PRUDENTIAL INSURANCE CO. OF AMERICA 1 Prudential Plaza Tina Zambo, Suite 1300 Chicago, IL 60601 -6217 13133 35- 119 -21 -21 -0002 89764 $12,085.95 6844 Shingle Creek Pkwy. CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 13133 35- 119 -21 -22 -0007 00584 $6,324.62 6850 Shingle Creek Pkwy. EQUITEC R E INVESTORS 7677 Oakport Street P.O. Box 2470 Oakland, CA 94614 I 13133 35- 119 -21 -22 -0005 00584 $16,938.11 6850 Shingle Creek Pkwy. EQUITEC R E INVESTORS 7677 Oakport Street P.O. Box 2470 Oakland, CA 94614 13133 35- 119 -21 -21 -0004 89782 $22,412.86 6845 Shingle Creek Pkwy. MCTO 560 6th Avenue North Minneapolis, MN 5 541 1 -4398 13133 35- 119 -21 -24 -0006 00584 $4,782.99 6853 Shingle Creek Pkwy. CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 13133 35- 119 -21 -23 -0001 89779 $6,275.21 2700 Freeway Blvd. PROVEST LIMITED PARTNERSHIP 150 North Wacker Drive, Suite 150 Chicago, IL 60606 13133 35- 119 -21 -22 -0051 04019 $11,661.00 6870 Shingle Creek Pkwy. SHINGLE CREEK LAND COMPANY Brookstone Real Estate Service 3300 Edinborough Way, Suite 207 Edina, MN 55435 $189,494.00 Council Meeting Date 10/24/94 City of Brooklyn Center Agenda Item Number // b 3 Request For Council Consideration • Item Description: PUBLIC HEARING RELATIVE TO THE TREATMENT OF UNITY PLACE (FORMERLY "THE PONDS ") AS A LEASEHOLD COOPERATIVE Department Approval: J 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 the Resolution Making Certain Findings Relative to the Treatment of Unity Place (Formerly "The Ponds ") as a Leasehold Cooperative. ® Summa Explanation: (supporting documentation attached Yes Y P ( PP g ) At the August 8, 1994 City Council meeting, the Council authorized a public hearing to be held relative to the treatment of Unity Place (formerly "The Ponds ") as a leasehold cooperative. Subsequent to the Council's action, a Notice of Public Hearing was published in the City's legal newspaper and the public hearing was scheduled for 7:00 p.m., September 12, 1994. The City Council opened the public hearing at the September 12, 1994 meeting, and continued the public hearing to allow more time for the owner of Unity Place to work with staff to provide information relative to the Council's consideration of this item. The public hearing is required by statute to provide for a discussion of issues relative to the treatment of Unity Place as a leasehold cooperative. As a leasehold cooperative, the project would qualify for homestead tax classification if the City Council makes certain findings after holding a public hearing. A brief summary of the recent history of this property may be helpful in the Council's consideration of this item. Some of the key events relative to Unity Place are summarized by the following: • In 1991, Westminster Housing Corporation began discussions with the Minnesota Housing Finance Agency (MHFA) regarding the possible acquisition of The Ponds. MHFA provided the initial financing on the project and held a mortgage on The Ponds. Westminster continued to work to assemble financing to acquire The Ponds through most t of 1993, but was not able to work out the acquisition of The Ponds and discontinued their acquisition efforts. • Shortly after Westminster discontinued the acquisition of The Ponds, the Community Housing Development Corporation (CHDC), a nonprofit corporation, expressed an Request For Council Consideration Page 2 interest in acquiring the project to create a leasehold cooperative and requested the City to approve the issuance of revenue bonds to acquire the property. • At the December 6, 1993 City Council meeting, the City Council approved the issuance of up to 5.4 million dollars in housing revenue bonds for the acquisition and rehabilitation of The Ponds multi - family housing project. The issuance of these revenue bonds did not affect the debt capacity of the City of Brooklyn Center. • Community Housing Development Corporation, the new owners of The Ponds, took ownership of the 112 unit townhouse project in January of 1994. The name of The Ponds has now been formally changed to Unity Place. The project remains a project based Section 8 development with 100% of the units receiving rent subsidies through a contract with the Minnesota Housing Finance Agency (MHFA) and the Department of Housing and Urban Development (HUD). As expressed in the 1993 revenue bond proposal for this project, the new owners are in the process of converting the project to a leasehold cooperative. The creation of the leasehold cooperative was part of the original plan proposed by Community Housing Development Corporation when they requested revenue bonds for the project. The leasehold cooperative approach to rental housing provides that the cooperative association and board are comprised of residents of the project and that the members of the cooperative can materially participate in the management of the property, including establishing budgets, screening prospective tenants, hiring and supervising a management agent, and other day -to -day management- related functions. • The cooperative's participation in the management of the project is regulated by a lease between the owner and the cooperative. There is recourse for the owner, and if the cooperative defaults on the lease, the cooperative association can be dissolved. The leasehold cooperative model also provides for the continuation of professional property management at Unity Place. The cooperative association has been formed at Unity Place, including the association board. Copies of past Unity Place association board meeting minutes are included with this request form for background information. Some of the activities the board has been working on include the following: • An association newsletter has been started for association members. • The board has set up a meeting with the Mallard Creek Townhouse Association, the owner - occupied townhouse development adjacent to Unity Place, to introduce themselves and to update the Mallard Creek Association on the activities of the Unity Place Association. • The board has been involved in developing priorities for capital improvements at Unity Place, including the authorization of $50,000 for the installation of play structures and playground equipment at Unity Place. • Since Unity Place is on the boundary between Brooklyn Center and Brooklyn Park, the board has been working with both the Brooklyn Park and Brooklyn Center police departments to better coordinate and improve communication between the Unity Place Association and the two city police departments. Some indication as to the change in public safety demands at Unity Place is shown by the change in the number of calls for police, medical and fire service since Community Housing Development Corporation took ownership in January, 1994. Comparing the Request For Council Consideration Page 3 first eight months of 1993 to the first eight months of 1994, the police, medical and fire • calls for service at Unity Place are down by 106 calls from 330 (January through August, 1993) to 224 (January through August, 1994). • The Unity Place board is also working with the Northwest Hennepin Human Services Council to develop programming to address parental needs at Unity Place. Under state law, a leasehold cooperative also becomes eligible for the homestead tax classification, contingent upon the City Council making certain findings regarding the project. The owner of Unity Place has requested the homestead designation, contingent upon the City Council holding a public hearing and making certain findings regarding the project. The findings the City Council must make in order to qualify the project for homestead classification are as follows: 1. The granting of homestead treatment of the Unity Place units will facilitate safe, clean, affordable housing for the cooperative members that would otherwise not be available absent the homestead designation. 2. The owner has presented information satisfactory to the Council showing that the savings garnered from the homestead designation of the units will be used to reduce tenants' rents or provide a level of furnishing or maintenance not possible absent the designation. • 3. The cooperative has a lease for occupancy of Unity Place for a term of at least 20 years, which permits the cooperative, while not in default, to participate materially in the management of Unity Place, including material participation in establishing budgets, setting rent levels, and hiring and supervising a management agent. Note: A copy of the lease between the owner and the cooperative is included with this request form. This is the single most important document in the structuring of the cooperative. 4. A minimum of 40% of the cooperative members have incomes at or less than 60% of area median gross income, as determined by the United States Secretary of Housing and Urban Development under Section 142(d)(2)(B) of the Internal Revenue Code of 1986, as amended through December 31, 1991. For purposes of this finding, member income means the income of a member existing at the time the member becomes a member of the cooperative. 5. The owner of Unity Place has received public financing from the City of Brooklyn Center, which issued multi - family housing revenue bonds on or about December 1, 1993, which bonds are exempt from taxes under Section 103 of the Internal Revenue Code of 1986, as amended through December 31, 1991, the proceeds of which were used for the acquisition of Unity Place. The owner of Unity Place is receiving revenues pursuant to Section 8 of the United States Housing Act of 1937. • The resolution to be considered by the City Council, upon concluding the public hearing, would specify that the City Council has made the appropriate findings relative to the treatment of Unity Place (formerly "The Ponds ") as a leasehold cooperative and subsequently qualify the project for homestead tax status. For an explanation of the specific findings and to what extent Unity Place has met them, I would refer Request For Council Consideration Page 4 the City Council to the memorandum from the City Assessor included with this report. is Representatives of the owner of Unity Place and association board members plan to be present at the public hearing. • City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Gerald Splinter, City Assessor COPIES TO: Mayor and Council Brad Hoffman, Director of Community Development Tom Bublitz, Community Development Specialist FROM: Mark Parish, City Assessor DATE: October 14, 1994 RE: Unity Place /Ponds Leasehold Coop Findings I have been asked to comment on a proposed Resolution regarding findings to be made by the City Council relating to the treatment of Unity Place, (formerly known as The Ponds townhomes) as a leasehold cooperative. After several meetings with representatives of the owner, Community Housing Development Corporation, I believe they are sincere in their desire to truly have a positive impact on the property, the residents, and the surrounding community. The City Council is asked to make several specific findings. Findings one and two relate to the homestead designation and the use of savings garnered from the new classification. Finding three is a factual finding relating to the lease on the subject property. Finding four is also a factual finding relating to the income levels of the residents. Finally, finding five is a factual finding relating to the financing of the property. After review, staff has confirmed that the indications made in findings three, four and five are all correct. Findin g s that " one state "granting stead treatment ... will facilitate safe clean affordable antra of home b b housing ... that would otherwise not be available absent the homestead designation. " Review of this findin is somewhat difficult as it becomes a subjective, rather than factual, issue. Since taking ownership of the property in January of 1994, the ownership has worked very closely with the residents towards improving the property and the community. Judging from the minutes of meetings held and other information provided, the residents have responded affirmatively to the opportunities provided by the ownership and work closely with the ownership and the property managers. I understand that police calls have been reduced significantly at the property. Various parties familiar with the property indicate that housekeeping and deferred maintenance have been more aggressively dealt with and a renovation 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 - City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 - FAX (612) 569 -3494 An Afrmatiue Action /Equal Opportunities Employer Gerald Splinter October 14, 1994 Page Two program is underway to enhance the physical condition of the property. As the rents are capped as a percentage of income of the tenants, the property will likely remain affordable for the residents. As the tax savings from the homestead designation are realized, the residents and owners are working cooperatively to reinvest those dollars towards providing additional maintenance and security personnel and further invest in the physical plant of the property. Based on the information gathered to date, I believe that the City Council is justified in making an affirmative judgement of finding number one. With regards to finding two, in many ways this finding restates that previously discussed as finding one. Since the subject property is largely regulated under the Section 8 program capping rents as a percentage of individual tenants income, the tenants are essentially protected from the impact of rents rising to cover tax increases. Finding number two indicates "the owner has presented information satisfactory to the Council showing that the savings garnered from the homestead designation ... will be used to reduce rents, or provide a level of furnishing or maintenance not possible absent the designation." As rents rise and fall with the individual tenants income, staff looked at the planned use of the savings as it related to a level of maintenance not possible absent the designation. As noted previously, the cooperative board and the owner both indicate a desire to add additional on -sight management personnel to provide for a higher level of maintenance and security at the property. Further, they have indicated that they would also like to continue the renovation program and further improve the physical condition of the property. Staff believes that the ownership, management company, and residents through the cooperative board have demonstrated an ability to work together towards these common goals, and that the tax savings will be reinvested in the property as described to provide a level of maintenance not possible absent the homestead designation. It is the staff's recommendation that the Council is justified in making a positive finding relating to finding number two. In conclusion, I have reviewed the ownership documents, cooperative documents, including the lease and information provided to the residents, and have met with representatives of the owner regarding their planned activities and budget for 1995. I believe that the Council is justified in making an affirmative finding on all five points contained in the proposed resolution. While the cooperative must still meet a few remaining tests and reporting requirements such as relate to the homestead treatment and administrative tax matters, City staff is working in conjunction with representatives of Unity Place and Hennepin County in order to facilitate all requirements in a timely fashion. I hope that Hennepin County approval will be received within the next 30 days. Should anyone have any questions regarding this memorandum or wish to review the background materials, please feel free to contact me at 569 -3355. MPP:kjm SEP 1' b l 1 1: 1 i 1 HE PUTAUb T :36bd l NHI�E • �� THE PONDS INTERI B OA n F DIRECTURS' MEETIN Minutes prepared by: Tina Eckman Date of Meeting: July 13,1994 PRESENT WERE: Robert Bailey (Co -op Coordinator/ Youth Worker) Kim Collinge (Property Manager) Tina Eckman (Secretary) Kathy Furney (Treasurer) Beth Kunz (Site Manager) Joy Simon (President) Prince Tebbs (Vice President) Doug Vangilder (Board Trainer, Riverside Dev. Corp.) Ann Waterhouse (Owner's Representative) The meeting was called to order by Prince Tebbs. Ann Waterhouse introduced Robert Bailey to the board. Then, Robert informed the board of his background and his intentions pertaining to the Ponds. His experience n with the Whittier neighborhood, pertaining to the Ponds is which has produced w g p g positive results. His intended owls for the Ponds ar as follows: 1) To p rovide Co- p p training and bring in energy to promote participation. 2) To provide a job hot- line posting for the residents. 3) To encourage residents to remain residents of the Ponds for longer lengths of time. QTo get involved with the youth of the Ponds by a) working with the police to get the youth away from and deter them from gangs b) starting a mentor program and bring in speakers from various occupational backgrounds c) getting the youth to participate in sports and other recreational activities d) starting a tutoring program that uses the philosophy of "a round table at every table ". Review of the R silent Safety Me— e Discussion took place regarding the topics of the - resident safety meeting and how the residents reacted to the decisions being made. It was the consensus of the board that initially the residents were opposed to the location of the playground and had many safety concerns regarding the traffic surrounding the proposed site. After discussion of these issues the residents seemed to have a more positive outlook and displayed excitement for the change. Since the resident meeting there has been some confusion and frustration as to when these changes will occur. Ann suggested to have a board member, and Joy agreed, to accompany her to meet with Peter Cramer to gather information on the cement work and lighting work that was expected to be in progress already. plans to State Farm Insurance to have them Kim offered to send the playground look at and to give their recommendations. It was agreed that Beth send a flyer out to the residents regarding the construction of the playground before construction begins. The flyer will inform the residents as .!--- „c Ll-- a 0 — 4701 1, nro-,ant construction. --------------------------------------------------------------------------------------------------------- SEP 1 '94 11:18 THE PONDS Y38631 PAGE .06 Ponds Interim Board Meeting Minutes 7/13/94 Pg. 2 Changing the name of the Ponds joy read the proposed names submitted for the contest of renaming the Ponds. After discussion and elimination of entries a motion was MSP to rename The Ponds Townhomes to Unity Place. The word "Unity" is hoped to reinforce the feeling of a community. Kim agreed to check if the name has already been used and will give that information at the next board meeting. Legally Becoming a Cooperative Kim presented information regarding when the City Counsel meets to vote on whether or not The Ponds Townhomes can become a leasehold cooperative housing. This is an agenda item for the City Counsel scheduled for September 12, 1994 at 7:00 PM. She also suggested that a board member, Tina agreed, speak in favor of the cooperative and present information stating the positive changes that have been occurring at the Ponds and give reasons why the Ponds should become a leasehold cooperative. Tina offered information on state grants and a free class at the Hennepin County Library on how to write them. She agreed to find out what kind of grants the Ponds is eligible for. The Ponds Community Picnic i Kim submitted the flyer to the board regarding the resident picnic. It is scheduled for Thursday, July 28, 1994 from 6:00 PM to 8:00 PM. A motion was MSP to have Kim print the flyer with the new changes and print it on either neon green or neon orange paper. Overflowing arba Joy stated her concerns regarding the overflowing dumpsters and the safety hazards to children due to furniture being left in the dumpster areas. Beth presented the following information: 1) The garbage bill is approximately $2,500 a month 2) Waste Management says that the bill is high due mostly to the contamination of the recycling bins. 3) The Ponds maintenance crew disagrees that the recycling bins are being contaminated 4) Waste Management is authorized, by Beth, to pick up any extra garbage or furniture on their routine route, which is three times a week. After much discussion on this issue, it was decided to watch the dumpsters for overflowing areas to r them with larger dumpsters. Also, Beth agreed to l t_.L— ,.5.._:L.. - . -I - - L cl... T'7.- ....3.. ....__' --- -- ........]I -- ......1........ ------------------------------------------------------------------------------------------------------- SEP 1 '94 11:19 THE PONDS Y36631 PAGE.07 Ponds Interim Board Meeting Minutes 7/13194 Pg.3 Furniture and Garbage Located Outside Townhomes joy re $ g g stated concerns unsightly ed ardin the unsi htl presence of household furniture and garbage located on the patios and in front of some homes. There is concern as to how unsanitary, unsafe, and unsightly it is to have furniture other than patio furniture left outside. It was agreed upon to send out warnings to the residents who do leave garbage and furniture on their patios and in front of their doors. The notice would give a time limit to comply, failure to comply will result in an infraction on the lease. It was also agreed to have the board approve the initial notice. Parking Concerns were stated regarding parking availability and resident compliance with the parking regulations. Joy stated her frustrations with the parking near her home (5401 Ponds Drive North) and offered the suggestion that the visitor parking in that area be omitted. It was agreed to change at least one visitor space into a resident space. Kathy stated her concerns regarding the posting of a visitor sign in a handicapped space near the home of 7273 Unity Avenue North. Beth informed the pp P tY board that the changes regarding the aforementioned are scheduled to take place before the end of July 1994. It was also agreed to send a notice to all residents warning them of the intent of the Ponds to more strictly enforce the parking regulations. Failure to comply will result in the towing of any vehicle in violation at the owners expense. Laundry Room There are concerns regarding the use of the laundry facilities located in the same a are that the facilities are not being l office. The concerns r t building s the o ce a co $ used often g enough to justify the use of the space and vandalism is occurring which takes from the share of the profit, if any, for the ponds, if any. Kim presented information about the vendor and their concerns, which are vandalism and little or no profit. Beth, at this time, stated the need to add on to the existing office, which would enter into the space of the existing laundry facilities. It was agreed to take a poll regarding the use of the laundry facilities and how often they are being used. Tina agreed to type up the poll that could be taken to each resident by the board, so that the results may be reviewed at the following board meeting. t Interim Board Meeting Minutes 7/13/94 Pg. 4 COPS Progaram Kim offered her gratitude to Kathyj' and Tina for going door to door for resident signatures so that Beth could bring) them to the city counsel to convince ' thy Ito keep the COPS program.: As a result of the many efforts on this behalf the COPS program will not be phased out. Next Meetiniz The next meeting will be on Wednesday, July 27, 1994 at 9:30 AM at the home of Tina Eckman (7261 Unity Avenue North; 560 - 0858). Agenda items discussed so far include: - Read minutes of previous meeting - Robert Bailey - Review the name "Unity Place" - Review laundry room poll /office space - Review age groups of children in the Ponds 0 - Playground update Construction update - Discuss picnic - Plan next meeting Respectfully submitted: q ckman, Secretary Date THE PONDS INTERIM -WARD OF 1DIRECTORS'MEETINCa Minutes prepared by: Tina Eckman Date of Meeting: July 27,1994 PRESENT WERE: Robert Bailey (Co -op Coordinator /Youth Worker Tina Eckman (Secretary) Kathy Furney (Treasurer) Beth Kunz (Site Manager) Jay Simon (President) Prince Tebbs (Vice President) Doug Vangilder (Board Trainer, Riverside Dev. Corp.) The meeting was called to order by Joy Simon. After discussion on how to distribute the agenda for the following meeting and the minutes from the previous meeting a motion was MSP to complete the minutes and the agenda and have in the site office no later than two days before the next meeting. Robert Bailey Robert informed the board of his activities and accomplishments since the meeting on July 13, 1994. They are as follows. He secured a place to meet for the cooperative training, which will be at the Community Resource Center. He has discovered that the CRC has many of the social services that he has been seeking for the Ponds and wants to work with the CRC to make these programs more focused for the community. He wants to work on the gaps in the services at the CRC. He has been in contact with the Brooklyn Park Police and discussed the gang issue that is occurring at Schilling Park on 73rd and Regent. He has met with the members of the gang at Schilling park. - He has contacted the Chamber of Commerce and is working with them to obtain a business directory for jobs. __ . - He has helped hand out flyers for national safety night out. - He has tried to get the Book Mobile to the Ponds, but is doubtful that it will come this year due to it being so late in the year. - He has been working with the Anoka - Hennepin school district, which already has a successful tutoring program, to get a tutoring program started at the Ponds. He is working with Beth to start a basketball program at the Ponds. - He has called athletes to get them to come out and talk to the children. of the Ponds. Some have busy schedules and cannot come out, and some have not yet returned his calls. - He has spoken with Dr. heola Johnson of the Journalism Department at the University of Minnesota and asked her to come out and speak about the research she has been doing on rap music. SEP 1 1 94 11:16 THE PONDS Y3eS31 PAGE.02 Ponds Interim Board Meeting Minutes 7/27/94 Pg.2 A date was set, August 17, 1994 at 9:00 am, for the leasehold cooperative training that Robert will be conducting. He wanted the location to be neutral, therefor he will secure the CRC, and asked that the board come with an open mind. He also was reluctant to give any information regarding the content of the training and wants it to be a surprise. Doug agreed to inform Ann of the date and time. Joy stated that it was the boards' impression that Robert would be prioritizing activities with the board and asking the board and the community what it is that they need. There have been concerns as to when Robert will contact the board and meet with them to discuss these issues. Robert offered to discuss the priorities at the cooperative training on 8/17/94. Unity Place Joy submitted information regarding the use of the name "Unity Place ", in replacement of "The Ponds ". According to Ann's secretary, the name is not being used. Laundry Room Poll joy and Tina completed approximately half of the poll. Kathy and Tina agreed, and a motion was MSP for Kathy and Tina to finish the poll and submit the results at the next meeting. Age Groups of the Children 4 Joy presented information about the age groups of the children that now live In the Ponds. There are 92 children from the age of 0 -5 and there are 81 children from the age of 6 -14. This information will be used in choosing playground equipment. Playground and Construction_ (update Joy and Ann met with Peter Cramer on 7/20/94 and discussed a course of action regarding the construction and the playground. They arranged everything into "tasks ". They are as follows: task 1) Find out how many motion tector light fixtures for the individual units are needed. Joy decided on a simple fixture vs. a more complex. The cost will be $224 each, approximately $9,483 for all. task 2) Install the light fixtures on the poles in the parking lot The cost will be approximately $544, times 7, with a $2,000 contingency fee. The total cost will be approximately $3,808 - 5,808. task 3) The cement block work will cost approximately $4,500. task 4) Raising the sidewalks will cost approximately $20,000. Ann will find out when that project will begin. ---------------------------------------------------- SEP 1 '94 11:16 THE PONDS Y3eG31 PAGE.03 Ponds Interim Board Meeting Minutes 7/27/94 Pg.3 task 5) The board will have to meet with Peter Cramer and Harlan (the playground equipment dealer) to decide on equipment for the p layground. It was joy's impression that Peter Cramer believes it would be cheaper for Flannery construction to construct the bike path and install the park benches. task 6) Peter Cramer will get a bid on a drinking fountain task 7) Ponds Drive North needs to be converted to a one -way Signs need to be installed and larger speed bumps will replace the present ones. It is hoped to have the one -way before the playground is completed. Peter Cramer will get the bid from Jerry. task 8) A ngw si n is needed with the name of "Unity Place" to replace the sign with "The Ponds Townhomes . The name cannot be changed until September 12, when the city counsel votes to let the Ponds become a leasehold cooperative. Tina resented information P comparing the playground equipment dealers, Gametime and Landscape Structures Inc. It was agreed that Gametime is less expensive, more safety oriented, and has more aesthetic options. A motion was MSP to secure Gametime to purchase playground equipment from. Another motion was MSP to limit the budget to $50,000 for the playground equipment. Resident Picnic Tina called Beth at the site office to see if she was intending on coming to the meeting. Beth then showed to present information later in the meeting. The guest list for the resident picnic was reviewed and includes: Trevor Hampton (Brooklyn Center Chief of Police), Todd Paulson (Brooklyn Center Mayor), jeneva Williams, George Ellis, Ricardo Byron (Family and Children Services), Frank Roth (COPS), Scott Nadeau, Doug Vangilder, Ann Waterhouse, Beth Kunz, and Kim Collinge from La Salle Management Group. Beth agreed to bring name tags.. Beth presented the following information: 1) A reminder notice about parking will be sent on July 27,1994. 2) A notice will be sent on July 28, 1994 informing the residents of the intent of the office to do a patio inspection on August 1, 1994. 3) The Ponds has a lease with All inc. for the laundry facilities until the end of 1995. 4) All inc. offers a lease program (washer and dryer) to individuals for the cost of 2 month and a $45 installation fee. $ $per -------------------------------------------------------------------------------------------------- SEP 1 '94 11:17 THE PONDS Y39G31 PAGE.04 Ponds interim Board Meeting Minutes 7/27/94 Pg.4 Next Meeting The next meeting was discussed and it was decided to meet at Joy's (5401 Ponds Drive; 560 -5050) on August 10, 1994 at 9 :30 AM. Doug agreed to contact Ann and inform her of the meeting. The agenda items discussed so far include: - Read the minutes from the previous meeting y Resident Picnic Review Playground and construction update Spartan Robert Bailey Newsletter A meeting with the Mallard Pond's and the Mallard Creek's Board of Directors Discuss next meeting Respectfully submitted: Tina Eckman, Secretary Date THE PONDS INTERIM BOARD OF DIRECTORS' MEETING Minutes prepared by: Tina Eckman Date of Meeting: August 10, 1994 PRESENT WERE: Robert Bailey (Co -op Coordinator/ Youth Worker) Kim Collinge (Property Manager) Tina Eckman (Secretary) Kathy Furney (Treasurer) Beth Kunz (Site Manager) Joy Simon (President) Prince Tebbs (Vice President) Doug Vangilder (Board Trainer, Riverside Dev. Corp.) Ann Waterhouse (Owner's Representative) The meeting was called to order by Joy Simon, and a motion was MSP to approve the minutes of the July 27, 1994 Ponds Interim Board Meeting in it's entirety Resident Picnic Review Beth informed the Board that approximately 800 hot -dogs were sold at the resident picnic and the overall turnout was a success. Robert Bailey suggested that the puppet show was too short, and Tina expressed concerns about stolen tickets from the residents' doors before the picnic. Beth agreed to talk to the maintenance crew about putting the tickets inside the doors rather than outside the doors. Pground and Con truction Update Joy presented information regarding the status of the playground equipment. Harlan Lehman (Gametime Sales Representative) submitted a blueprint of the proposed playground area with the proposed playground equipment to Joy which she then shared with the Board. She agreed to some changes made by Harlan due to the limited space and the limited budget. The ordering process is being held off until credit is approved. Ann presented information regarding the cement work that will be done at the Ponds. After discussing the schedule with Jerry Flannery, they agreed to prepare for the cement work during the week of August 15th. The actual cement work will be started, for safety reasons, after the children resume school. 10 Beth expressed concerns regarding the deteriorating retaining wall located near the home of 7225 Unity. Kim agreed to check the replacement fund for the maintenance of that wall. L Ponds Interim Board Meeting Minutes 8/10/94 Pg.2 Ann agreed to investigate the status of the lighting upgrade and installation to be done at the Ponds. According to Ann, Peter suggested that the Ponds turn over the maintenance of the lighting poles to NSP to reduce maintenance costs. Beth relayed concerns for some residents that had questions about the motion detector lights located on every third storage shed. They are concerned that they are being billed for the electricity being used for these lights. Kim assured the Board that they are being billed, but it is only "pennies" a month. Joy suggested that in future acquisitions of bids from construction companies, that the Ponds also obtain a bid from companies owned and operated by people of color. She offered the name of Robert Martin. Sp artan Tina presented information regarding the conversation that occurred between a Spartan employee, Joy, and herself. It was her impression that the employee was not fully informed of the parking regulations at the Ponds. Tina expressed concerns that there was a break in communication somewhere. Kim agreed to speak with Spartan's owner to clarify the Ponds expectations of them. Robert Bailey Robert informed the board of his activities and accomplishments since the Board meeting on July 27,1994. They are as follows: He and Geneva Williams (Northwest Human Services Council) went from door to door at the Ponds to encourage the residents to attend the Parent Group held at the CRC on August 4, 1994. He also attended that meeting. He has placed calls to MTC to schedule a tour of the facilities with the youth of the Ponds. He has placed calls to Northwest Airlines to schedule a tour of the facilities with the youth of the Ponds. He has placed calls to the Federal Reserve Bank to schedule a tour of the facilities with the youth of the Ponds. He has spoke with Officer Dave Grass about "Crimewatch" and personal safety. A meeting is schedule for August 11, 1994 at the CRC. Ponds Interim Board Meeting Minutes 8/10/94 Pg.3 Joy expressed concerns regarding Robert's conduct toward the Board at the Parenting Group on August 4, 1994. She expressed a dissatisfaction with the amount of collaboration between Robert and the Board, as did Tina, and Robert's unfamiliarity toward the Board members. Tina expressed her desire for Robert to collaborate efforts with the Board in a "team effort ". A motion was MSP to schedule a meeting with George Garnet Robert's employer, to discuss Robert's job description and responsibilities Annual Meeting and Re- election Ann presented the information that a quorum of 25% must attend the annual meeting, and that the annual meeting must be held within 3 -4 months of the signing of the subscription agreements. The annual meeting is scheduled for 7:00 PM October 25, 1994 and will be held at the CRC. The Ponds Townhomes Newsletter After much discussion regarding a newsletter for the Ponds, articles were agreed upon and people were assigned to them. Drafts of these articles are due by August 30, 1994 to Ann. Articles and assignments are as follows: v'I'ina- -Adult Education ,/Prince -- Person of the Month (which will be an article in every newsletter) Joy — Update on the Playground \ /Ann— Information about the Official Approval needed by the City Council J Ann— Introduction of the new name "Unity Place" (Kathy -- Resident Picnic e y n o cle. Doug -- Introduction of Robert Bailey ..Geneva Williams -- Information on the Parent Focus Group (Northwest Human Services Counsel) Meeting !N h_Mallard Pond and Mallard Creek Boards Tina suggested meeting with the board members of Mallard Creek and Mallard Pond to open the lines of communication and establish a friendly rapport. A motion was MSP for Joy to contact Mallard Creek and Mallard Pond Board Members and set a date to meet with them. Ponds Interim Board Meeting Minutes 8/10/94 PgA Approval of t_hP Lease Ann informed the Board that on August 2, 1994 the Secretary f State approved the rY PP name "Unity Place ". Ann presented the revised lease with the changes (from "The Ponds Townhomes" to "Unity Place ") and a motion was MSP to approve the lease between Community Development Housing Corporation and Unity Place. Management pdate Beth presented information regarding the functioning of the office during the month of July. 1)Due to the parking regulations, cars are being towed. 2)There was one holdover eviction in which the resident did not vacate the unit therefor the Sheriff will become involved. 3)There have been two intent to evict and good cause letters sent out. Gang Activity + A discussion transpired about the gang activity at the Community Resource Center. Kathy agreed to find out when the next CRC board meeting will be held and agreed to give the information to the board. The board agreed to attend and put pressure on the CRC about the gang activity. A motion was MSP to authorize the board to work through Joy to make contacts with the Brooklyn Park Police and the CRC regarding g ulg the gang activity at the CRC and at Schilling Park across from the CRC. Laundry Room Tina presented information and statistics regarding the use of the laundry room at the Ponds. Kim agreed to talk with All Inc. and find out whether the Ponds can terminate the lease prematurely. Ponds Interim Board Meeting Minutes 8/10/94 Pg.5 Next Mu ing —v The next meeting was discussed and it was decided to meet at Prince's home on August 31, 1994 at 9:30 AM. The Agenda items discussed so far include: Read the Minutes from the Previous Meeting Management News Robert Bailey Playground and Construction Update Laundry Room Update Newsletter Draft Vision Meeting with Mallard Creek and Mallard Pond Police Follow -up re: Gangs Discuss the Next Meeting Respectfully submitted: Tina Eckman, Secretary Date UNITY PLACE LEASE 166716.1 6�33�3��6 THIS LEASE is made and entered into this 1st day of June, 1992, by and between COMMUNITY HOUSING DEVELOPMENT CORPORATION, a Minnesota non - profit corporation (hereinafter called "Owner "), and UNITY PLACE, a Minnesota cooperative association (the "Cooperative "), as follows: 1. Premises Owner hereby leases to Cooperative and Cooperative hereby leases from Owner that certain land along with improvements thereon (the "Premises" or "Development ") , in the City of Brooklyn Center, County of Hennepin, State of Minnesota, and legally described as: All Lots, Blocks and Outlots contained in The Ponds Plat Six, according to the plat thereof, Hennepin County, Minnesota. The property is located at 5300 -5448 Ponds Drive North and 7225- 7274 Unity Avenue North, Brooklyn Center, Minnesota. 2. Improvements The leased property consists of a 112 unit multifamily housing project and various walkways, playground facilities, laundry facilities, garages and parking areas. All members of Cooperative are tenants in the apartments. 3. Term The term of this Lease shall be for twenty (20) years. The term shall commence on August 10 Xr 1994 and �rG terminate on August 9 `' 2014. Q �� 4. Rent (a) Base Rent Cooperative agrees to pay as rent under this Lease, all income from whatever source received by Cooperative in connection with its operations at the Premises, including, but not limited to, all rents payable pursuant to the terms of the 168716.1 2 existing tenant leases and any occupancy agreements entered into between Cooperative and each tenant in the Development (the "Occupancy Agreements ") and all income from vending machines and laundry facilities or contracts. The rent for each month shall be paid at the same time, on or before the 1st day of the month, commencing on September 1 <J�" ,` 1994, to Owner or to such person or persons as Owner designates in writing from time to time. Cooperative shall be obligated to pay only such amounts as it actually receives under the Occupancy Agreements. During the term of the Loan Agreement and Indenture of Trust between Community Housing Development Corporation and Norwest Bank Minnesota, National Association, (the "Trustee ") dated as of December 1, 1993 (the "Loan Agreement ") , the Cooperative shall direct the tenants to pay all amounts owed pursuant to the Occupancy Agreements directly to the Owner. (b) Operatingr Funds Owner shall deposit in an account established for the purpose (the "Operating Fund ") all rent and other funds received from Cooperative and all payments received pursuant to the Housin g Payments Assistance Pa ents Contract for the Premises (the "HAP Contract ") . Notwithstanding the foregoing, during the term of the Loan Agreement the Owner shall only deposit the Current Expenses for the Project (as defined in the Loan Agreement) in the Operating Fund and all other funds shall be disbursed in accordance with the Loan Agreement. The Operating Fund shall be the property of Owner to be administered by Cooperative according to the Budget as defined at Section 6(c). 168716.1 3 Cooperative shall be responsible for paying or directing the Management Agent to pay from the Operating Fund, to the extent of the funds contained therein, all amounts in accordance with the Budget and as required by the documents listed on Exhibit A attached hereto. (c) Security Interest in all Tenant Contributions Cooperative assigns, transfers, conveys, pledges and grants to Owner a security interest in all tenant contributions due Cooperative under its Occupancy Agreements with its members, as security for the Lease rental payments which must be made by Cooperative under this Lease. Cooperative agrees to execute any documents necessary to perfect this security interest. Cooperative agrees that any violation of the terms of this Lease shall constitute a default under the security agreement allowing Owner, in addition to any remedies as lessor under this Lease, all remedies generally available to a secured party. 5. Subordination Cooperative agrees this Lease, and the Right of First Refusal under paragraph 25, is subordinate and subject to the documents described in Exhibit A and to any other agreements entered into and placed of record on the Premises by Owner prior to the date of this Lease and to any and all modifications, extensions, renewals or replacements thereof made hereafter by Owner. Without limitation, this Lease is subject to the Loan Agreement and all documents related thereto and to the 168716.1 4 extent there are any inconsistencies between the Loan Agreement and this Lease, the Loan Agreement shall control. Nothing in this Lease shall limit the Owner's obligations under the Loan Agreement. 6. Use of Premises Cooperative agrees that the Premises shall be used and occupied exclusively as limited equity, leasehold cooperative residential housing for low income persons, and all new occupants shall be members of Cooperative. This use shall be in strict accordance with the requirements of the documents described in Exhibit A. (a) Covenants of Cooperative Cooperative agrees that it is; (1) duly and validly organized and in good standing as a cooperative association pursuant to Minnesota Statutes, Chapter 308A. (2) not a party to any contract, agreement, commitment, claim or proceeding of any governmental entity, threatened or pending, which would adversely affect the operation of the Premises as cooperative residential housing; it currently has and in the future will have no financial obligations other than those under this Lease; and it is not and will not be engaged in any activities other than the providing of cooperative residential housing under this Lease to its members, except to the extent it permits members to use their units for business purposes according to the Occupancy Agreements. 168716.1 5 (3) Cooperative further agrees: (a) Not to consolidate or merge into any other cooperative or corporation, carry into effect any plan of reorganization or effect any change in its Articles of Incorporation, Bylaws or the Occupancy Agreements of member /tenants for units in the Development without notice to and the written consent of Owner; (b) To notify Owner immediately of any defect on the Premises or any part thereof requiring a repair or replacement costing in excess of $500 (adjusted annually for inflation); (c) To use its best efforts, including all remedies under the Occupancy Agreement, to prevent any member /tenant from committing or maintaining any unlawful conduct or nuisance on the Premises and to prevent any member /tenant from violating any of the covenants or conditions of this Lease; (d) To allow inspection of its books and records upon reasonable advance notice by Owner, the Trustee or their agents or employees during ordinary office hours; (e) To notify Owner in a timely manner should it believe the funds available to the Development, or projected to be available, will be insufficient to cover costs of operating the Development as a housing cooperative or that an increase in the 168716.1 6 monthly housing charges under the Occupancy Agreement is necessary; (f) To maintain its books and records in such form as is mutually agreeable to Owner and Cooperative; (g) To provide notices of all regularly scheduled membership and directors' meetings to Owner and to consider Owner's requests to attend and to participate, but not to vote, at the meetings; (h) Not to engage in any business other than the operation of the Premises as a limited equity, leasehold cooperative residential housing project except to the extent it permits members to engage in businesses according to the Occupancy Agreements; (i) To comply promptly with all directives of Owner consistent with this Lease; (j) Not to borrow any money except from the Owner (which loan shall be in the Owner's sole discretion) and not to pledge, assign, transfer, mortgage or sell any assets of the Cooperative; and (k) To ensure that each of its members and all of its members as a group meet the income requirements for members set forth in any applicable Minnesota law, including, without limitation, Minnesota Statutes § 273.14, Subd. 6, 168716.1 7 and meet all applicable HUD requirements, whether under the HAP Contract or otherwise. b) Rights and Responsibilities of Cooperative Cooperative shall have the following rights and obligations with respect to its operation of the Premises: (1) Budget To prepare (or cause the Management Agent to prepare) a budget (the "Budget ") sufficient to meet all expenses of the Premises for the following calendar year, which Budget shall be submitted to Owner for approval, which shall not be unreasonably withheld, not less than sixty (60) days before the end of the current calendar year. (a) If Owner does not approve the Budget submitted by the Cooperative, Owner must submit its written objections to the Cooperative within twenty (20) days of receipt of the Cooperative's proposed Budget, and must meet with the Cooperative within ten (10) days thereafter to negotiate a mutually- acceptable Budget. (b) In the event that Owner has not approved an annual budget by the beginning of the fiscal year, the Cooperative shall continue to operate under the prior year's Budget. 168716.1 8 (c) The Budget may not be amended by the Cooperative without the prior written consent of the Owner. (2) Operating Policies and Procedures To prepare (or cause the Management Agent to prepare) on an annual basis operating policies and procedures for the Premises for Owner's review and approval, which Owner shall not unreasonably withhold; provided, however, that Owner may prepare additional operating policies and procedures for Cooperative's review and approval, which Cooperative shall not unreasonably withhold; (3) Rules and Regulations To prepare (or cause its the Management Agent to prepare) rules and regulations for the Premises, to be implemented subject to Owner's review and approval, which Owner shall not unreasonably withhold; provided, however, that Owner may prepare additional rules and regulations for the Premises for Cooperative's review and approval, which Cooperative shall not unreasonably withhold; (4) Membership Criteria To establish criteria for membership and the terms of membership in Cooperative and occupancy in the Premises; provided, however, that Owner may impose additional criteria for the purpose of assuring (1) creditworthiness, and (2) compliance with the provisions of Section 142 of the Internal Revenue Code and regulations promulgated thereunder and with the 168716.1 9 provisions of the HAP Contract and the documents listed in Exhibit A; (5) Selection of Members To select members of Cooperative, subject to the membership criteria established by Cooperative and Owner pursuant to subsection (iv) above; (6) Termination of Membership To terminate memberships in Cooperative and members' rights under the Occupancy Agreements as necessary; (7) Occupancy Agreement To adopt and amend from time to time a form of Occupancy Agreement which is consistent with the HAP Contract, with the approval of Owner, under which each member shall occupy a dwelling unit in the Premises; (8) Management Agent To approve the selection and removal as necessary of a management agent (the "Management Agent ") for Cooperative in accordance with Subsection 7(c) of this Lease; (9) Meetings To hold regularly scheduled meetings of its directors and members which Owner may, at the discretion of the Cooperative, attend and which Owner may participate in, but at which Owner may not vote; (10) Day -to -Day Management To perform day -to -day management responsibilities with respect to the Premises in a manner consistent with this Lease and the management agreement with the Management Agent. 168716.1 10 (c) Notwithstanding anything to the contrary contained in paragraph 7(b), Owner shall have the right to take any of the actions set forth in this paragraph or elsewhere in this Lease in the event either: (i) Cooperative is in default under this Lease, or (ii) Owner has given written notice to Cooperative of specific action required to be taken by Cooperative and Cooperative has failed to take such action within thirty (30) days of the date of such notice; provided, however, that no such notice shall be required with respect to the actions required by either Section 10 hereof, if taxes have not been paid by the due date thereof, or Section 15 hereof, if the insurance required thereby will lapse because of non - payment of premiums. (d) Material Participation Notwithstanding any provision to the contrary contained in this Lease, as long as it is not in default under this Lease, the Cooperative may participate materially in the management of the Premises, including material participation in establishing budgets, setting rent levels within the restrictions contained in the HAP Contract and hiring and supervising a Management Agent. 168716.1 11 7. Operation of Proiect, Managing Accent (a) Use of Funds Any payments received by Cooperative under the Occupancy Agreements shall be used solely for payment of rent to Owner hereunder in accordance with Section 4(a) above. Owner shall maintain a maintenance and replacement reserve from the rents. Except as stated below in this subsection 7(a), Owner shall retain ownership of the reserve funds, and Cooperative may apply to Owner for funds from either reserve fund, which shall be distributed to Cooperative at Owner's sole discretion. Notwithstanding the foregoing during the term of the Loan Agreement the maintenance and replacement fund shall be maintained by the Trustee and shall be disbursed only with the consent of the Trustee. (b) Responsibility of Management Agent The Owner and the Cooperative shall retain a competent Management Agent to provide professional management for the Development. The Management Agent shall be under the direction of Cooperative. The Management Agent shall be responsible for collecting all monthly housing charges and paying all rent charges hereunder, working with Cooperative in leasing the housing units (but Cooperative shall make all final member /tenant selections) , holding and disbursing any funds of Cooperative, maintaining proper books of account and doing all other acts necessary to the operation of a housing cooperative. (c) Designation of Management Agent The Premises shall initially be managed by LaSalle Management Group, Ltd. pursuant to 168716.1 12 a one -year Management Agreement. Ninety (90) days prior to the expiration or sooner termination of that Management Agreement and whenever a new Management Agent is to be selected, the Owner shall provide the Cooperative a list of not less than two acceptable management agents and the Cooperative shall select the Management Agent within sixty (60) days after receiving the list. If the Cooperative does not select the Management Agent within that sixty (60) day period, the Owner may select the Management Agent. During the term of the Loan Agreement the Management Agent must meet the requirements of Section 4.19 of the Loan Agreement and must be approved by the Trustee. Upon expiration or termination of the current Management Agreement, both Owner and Cooperative shall be parties to each successive new Management Agreement. (d) Removal of Management Agent by Owner The Owner shall give the Cooperative written notice of its intention to terminate the Management Agent no less than thirty (30) days prior to taking any such action. The Cooperative shall have ten (10) days from delivery of such written notice to object in writing to the proposed termination and to schedule a meeting with the Owner to discuss the matter. If the Cooperative does not deliver its written objection to the Owner within the period specified above, or if the parties cannot agree after meeting in good faith to discuss the matter, the Owner may terminate the Management Agent without the approval of the Cooperative. 158716.1 13 Notwithstanding the above, Owner may immediately, without the consent of Cooperative, remove the Management Agent in any of the following circumstances: (1) In the event the Management Agent (a) is declared bankrupt, is dissolved or makes an assignment for benefit of its creditors; (b) commits any intentional, knowing or fraudulent misconduct; (c) fails at any time to exercise reasonable care in the exercise of its duties; or (d) commits any action or failure to act which violates any term of this Lease, the HAP Contract or of the documents set forth in Exhibit A or any law or governmental regulation applicable to the Development. (2) In the event that the Management Agent has mismanaged the affairs of the Development or the funds related thereto. (3) In the event that during the term of the Loan Agreement the Trustee removes the Management Agent. Owner and Cooperative may thereafter select a new qualified Management Agent, in accordance with Section 7 (c) . (e) Cooperative's Right of Removal Notwithstanding the above, upon Cooperative's written notice to Owner of the Management Agent's failure to perform its responsibilities at the direction of Cooperative or as set out in paragraph 7(d), Owner shall, within ten (10) days of receiving such notice, arrange a face -to -face 168716.1 14 meeting between Owner, Cooperative, and Management Agent. At this meeting, Cooperative will present to Owner the events and evidence demonstrating the Management Agent's failure to perform properly. Management Agent will have the opportunity to respond to Cooperative's charges. If Owner finds in favor of Cooperative, Owner shall direct Management Agent to follow Cooperative's direction or to remedy performance deficiencies. Owner may also terminate the Management Agent according to Section 7(d). In the event Owner finds no performance deficiencies by Management Agent, Owner agrees, upon receipt of Cooperative's good - faith request, to mediate the dispute through West Hennepin Mediation Services or a comparable agency. Owner agrees to bear any costs of said mediation. Both parties agree to participate in good faith in the mediation process and to abide by any agreement that results from the mediation. Owner further agrees to indemnify and hold harmless Cooperative from the costs of any action necessary under this paragraph. In the event Owner fails to comply with the provisions of this paragraph, Cooperative retains its right to dissolve according to Section 6(d) and its bylaws. S. Operating Expenses Cooperative shall be responsible for all operating expenses of the Development, including repairs and replacements as shall be necessary to the extent the Operating Fund contains sufficient funds. If the Operating Fund does not contain sufficient funds, Cooperative shall promptly inform Owner of that 168716.1 15 fact, and Owner may, at its discretion, advance funds from a reserve account to remedy the deficiency. 9. Repairs and Maintenance Cooperative, during the term of this Lease or any extension or renewal of this Lease, shall make or cause the Management Agent to make all necessary repairs and replacements, to the extent the Operating Fund contains sufficient funds. To the extent the Operating Fund does not contain sufficient funds, Cooperative shall give notice, and Owner may take action, as provided in Section 8 above. Cooperative shall notify Owner immediately of any defect on the Premises reasonably expected to require a repair or replacement costing in excess of $500. Cooperative agrees at the expiration of this Lease or upon the earlier termination thereof, to quit and surrender the Premises in good condition and repair, reasonable wear and tear and damage by act of God or fire or other causes beyond the control of Cooperative excepted. 10. Taxes and Assessment (a) Cooperative shall be responsible for the payment of all real estate taxes and special assessments levied and assessed on the Premises during the term of the Lease to the extent of available funds in the Operating Fund. Cooperative shall give notice, and Owner may take the action provided for in Section 8 above if the Operating Fund does not contain sufficient funds. Cooperative and Owner shall each use their best efforts to maintain homestead tax treatment for the Premises. During the term of the 168716.1 16 Loan Agreement all such amounts shall be paid by the Trustee pursuant to the Loan Agreement. (b) Cooperative shall be responsible for the payment of all of its own income taxes, if any, which shall not be paid from the Operating Fund. (c) Cooperative shall pay all other charges and impositions whatsoever, foreseen and unforeseen, but only to the extent of the monies available therefor in the Operating Fund; all other charges or impositions, to the extent of the deficit, may be advanced by Owner in the manner and after receiving the notice provided in Section 8. (d) Cooperative shall promptly forward to Owner every notice, bill or other statement received by Cooperative concerning any tax or imposition as to the Premises. 11. Assignment and Subletting Cooperative shall not assign this Lease or any interest therein, nor let or sublet the Premises or any part thereof or any right or privilege associated with the Premises, nor permit the occupancy or use of any part of the Premises by any other person, except the leasing of units to members of Cooperative in accordance with this Lease. It is expressly understood that Owner shall have no obligation to consent to assignment of this Lease. 12. Arbitration Any dispute by and between the parties hereto arising out of or under the terms of the Lease shall be submitted to arbitration upon the request of either party, and the decision of the arbitrators or a majority of them shall be binding 168716.1 17 upon the parties except as stated in Section 7(e). The arbitration shall be in accordance with the arbitration provisions of the American Arbitration Association and shall take place in Hennepin County, Minnesota. The Cooperative may not initiate any arbitration without the approval of at least two - thirds of its membership except as stated in Section 7(e). 13. Default If: (a) Cooperative fails to pay the rental required hereunder or any part thereof after the same shall become due, and such failure shall continue for a period of ten (10) days after the due date therefor; or (b) Cooperative becomes insolvent, however defined, or is generally not paying its debts as they become due, or makes an assignment for the benefit of creditors, or a receiver or trustee is appointed for Cooperative or its property, or Cooperative commences or has commenced against it proceedings under any bankruptcy, reorganization, arrangement, insolvency, or readjustment of debt, dissolution or liquidation laws, either of the United States or any state thereof; or (c) Cooperative ceases to conduct its normal business operations in the Premises, or vacates or abandons the Premises, and leaves the same vacated or abandoned for a period of ten (10) days, excepting vacation or abandonment due to fire or other casualty, or due to repairs or improvements by Owner which necessitate such vacation or abandonment; or 168716.1 18 (d) Cooperative fails to operate and maintain the Premises within its Budget; or (e) Cooperative fails or neglects to perform, meet or observe any of Cooperative's other obligations hereunder and such failure or neglect shall continue for a period of thirty (30) days after written notice thereof from Owner to Cooperative; or The Development has an operating deficit during an (f ) P P g g Y two (2) of any six (6) consecutive months during the term. In the event of a default under this provision, the Cooperative and Owner agree to negotiate in good faith to develop a mutually agreeable plan for resolving the problem. If the parties cannot agree to such a plan within sixty (60) days, Owner may proceed with any of the remedial steps listed below; then at any time thereafter, by written notice to Cooperative, Owner may lawfully terminate this Lease and re -enter all or any part of the Premises and, by due process of law, expel, remove and put out Cooperative or any person or persons occupying the Premises and may remove all personal property from the Premises or may reenter and take possession of the Premises without terminating this Lease, and sublease the Premises to members of the Cooperative for the account of the Cooperative, holding the Cooperative liable for any loss in rent resulting from the Cooperative's default, all without prejudice to any remedies which might otherwise be used for the collection of arrears of rent or for preceding breach of 168716.1 19 covenant or conditions. During such possession, the Cooperative's rights under Sections 4.(b) and 7.(b) hereof shall be suspended. In the event Cooperative fails to make any repair or replacement called for under this Lease, Owner or its assignee may (but shall not be obligated to) make such repairs or replacements. In the event Cooperative fails to pay any taxes or installments of assessments as required by Section 10 of this Lease or to maintain any policy of insurance required to be maintained under Section 15, Owner or its assignee may (but shall not be obligated to) pay such obligations or maintain such insurance without giving the notice required by Section 6.(c) of this Lease. In the event Cooperative fails to make when due any payments (including rent) to Owner called for hereunder, Cooperative agrees to pay to Owner, upon demand, all payments due, plus interest thereon at the rate of two excess of the rime rate percent 2 o in ex p P ( ) of interest announced from time to time by the Trustee per annum from the date payment is due until the payment is made to Owner. 14. Nonwaiver of Default The subsequent acceptance of rent under this Lease by Owner shall not be deemed a waiver of any preceding breach of any obligation by Cooperative other than the failure to pay the particular rental so accepted, and the waiver of any breach of any covenant or condition by Owner shall not constitute a waiver of any other breach regardless of knowledge of the breach. 15. (a) Indemnity and Insurance Cooperative hereby agrees to indemnify Owner against and to hold Owner harmless from any and 168716.1 20 all claims or demands for loss of or damage to property or for injury or death to any person from any cause whatsoever while in, upon or about the Premises or the sidewalks or other public areas adjacent and appurtenant thereto during the term of this Lease or any extension thereof if and only if such loss, damage, injury or death is the result of or caused by the negligent or intentional act of the Cooperative, an of its members or their agents P � Y employees or guests. Cooperative agrees to obtain from and to maintain with an insurance company or companies licensed to do business in Minnesota, the following insurance: (i) Fire and Extended Coverage Insurance Cooperative shall, during the Lease term, keep the Premises insured against loss or damage by fire and all other risk as may be included in the standard form of extended coverage endorsement, an all risk endorsement, and a vandalism and malicious mischief endorsement or an all- perils endorsement, in amounts required by Owner, with loss payable to Owner. (ii) Liability and Property Damage Insurance Cooperative shall, during the Lease term, keep in full force and effect a policy or policies of public liability and property damage insurance against liability for bodily injury to or death of any person or property damage arising out of an occurrence on or about the Premises. The limits of such insurance shall be not less than as required by Owner. 168716.1 21 (iii) Worker's Compensation Insurance During the Lease term, Cooperative shall carry workers' compensation insurance for its employees in amounts which may be required by Owner or under Minnesota law. Such insurance shall cover all persons employed in connection with the Premises and with respect to whom death, bodily injury, sickness or disability claims could be asserted against Owner or Cooperative. (iv) Additional Insurance During the Lease term, Cooperative shall obtain and maintain additional insurance coverage as may be reasonably required by Owner or as required pursuant to any of the documents referred to in Exhibit A. (v) Insurance Required by Loan Agreement. In addition to any insurance required above, during the term of the Loan Agreement, the Cooperative shall obtain and maintain all insurance required by the Loan Agreement or the Mortgage (as defined in the Loan Agreement) and any insurance shall be in such form and amount as may be required by the Trustee. Owner shall be named as an additional insured and loss payee on all policies, and shall be provided a certificate of the insurer(s) showing said coverage to be in effect. (b) Non - Cancellation The policies shall all provide that they may not be cancelled without prior written notice to Owner and during the term of the Loan Agreement, the Trustee shall 168716.1 22 permit, but not require, Owner or Trustee to make any payment due under the policy if Cooperative fails to make any such payment. 16. Liens Cooperative agrees to keep the Premises free and clear of any lien or encumbrance of any kind whatsoever created by the act or omission of Cooperative, its agents or employees. 17. Entry and Inspection Cooperative shall permit Owner and its agents to enter the Premises at all reasonable times following 24 hour written notice, or without notice in an emergency, for any of the following purposes: to inspect the Premises; to make such repairs to the Premises as Owner may elect to make; to post notices of nonresponsibility for alterations, additions or repairs. Owner shall have such right of entry without any rebate of rent to Cooperative for any loss of occupancy or quiet enjoyment of the Premises thereby occasioned provided the Owner's occupation of all or any portion of the Premises does not exceed eight (8) hours in any twenty -four (24) hour period. 18. Destruction of Premises If all or any part of the Premises are damaged or destroyed by fire or other casualty, Owner shall have the right to terminate this Lease provided it gives written notice to Cooperative within forty -five (45) days after such damage or destruction. If all or any part of the Premises are damaged by fire or other casualty, and this Lease is not terminated by Owner, Owner shall, at its expense, restore the Premises, exclusive of any improvements or other changes made to the Premises by Cooperative, to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and 168716.1 23 rent shall abate during such period of time as the Premises are untenantable. Owner shall notify Cooperative of the schedule for such restoration upon Cooperative's written request for such information. Owner shall not be responsible to Cooperative for damage to, or destruction of, any furniture, equipment, improvements or other changes made by Cooperative in, on or about the Premises regardless of the cause of damage or destruction unless such damage or destruction is caused by or the result of the negligent or intentional act of Owner or its employees. 19. Alterations Cooperative shall not make or permit any alteration of the Premises without written notice to and approval by Owner, which alteration shall be considered approved if Owner does not object in writing within thirty (30) days of receipt of such notice. Any addition to, or alteration of, the Premises shall become at once a part of the realty and belong to Owner. If Owner does not object to any proposed alteration by Cooperative, Cooperative agrees to advise Owner in writing of the date upon which such alteration will commence at least fifteen (15) days prior to such date in order to permit Owner to post notice of nonresponsibility (i.e. notice to contractors that Owner shall not be responsible for work performed on behalf of Cooperative). Cooperative shall keep the Premises free from any and all liens arising out of any work performed, materials furnished, or obligations incurred by Cooperative. 20. Condemnation If the whole of the Premises shall be taken or condemned by any competent authority for any public use or 168716.1 24 purpose, then the term hereby granted shall cease on the day prior to the taking of possession by such authority or on the day prior to the vesting of title in such authority, whichever first occurs, and rent hereunder shall be paid to and adjusted as of that day. If a portion of the Premises shall be condemned or taken and, as a result thereof, there shall be such a major change in the character of the Premises as to prevent Cooperative from using the same in substantially the same manner as previously used, then and in that event, Cooperative may either cancel and terminate this Lease, as of the date when the part of the Premises so taken or condemned shall be required for such public purpose, or Cooperative may continue to occupy the remaining portion, provided, however, Cooperative shall give written notice to Owner, within 15 days after the date of any taking or vesting of title, of its choice. In the event Cooperative shall remain in possession and occupation of the remaining portion, all the terms and conditions of this Lease shall remain in full force and effect with respect to such remaining portion, except that the rent reserved to be paid hereunder shall be equitably adjusted according to the amount and value of such remaining space; and provided further that Owner shall, at Owner's own expense, promptly and with all reasonable diligence (subject to strikes, lockouts, inability to procure material and labor in the free market, governmental restrictions, fire, the elements and other extraordinary conditions beyond Owner's reasonable control) do such work as to make a complete architectural unit for the remainder of any building(s) on the 168716.1 25 Premises and this Lease shall continue for the balance of its term, subject to the terms and conditions herein stated. The entire award of damages or compensation for the Premises taken, or the amount paid pursuant to private purchase in lieu thereof under threat of condemnation, whether such con- demnation or sale be total or partial, shall belong to and be the property of Owner, and Cooperative hereby assigns to Owner any and all such award or purchase price, including specifically, but without limitation, any value ascribed to the then remaining Lease term of Cooperative. Nothing contained in this Lease shall be deemed or construed to prevent Cooperative from interposing and prosecuting in any condemnation proceeding a claim for the value of any P property Y P personal owned b Cooperative and installed in the Premises by Cooperative and in the case of a partial condemnation of the Premises, the cost, loss or damages sustained by Cooperative as the result of any alterations, modifications or repairs which may be reasonably required of Cooperative in order to place the remaining portion of the Premises not so condemned in a suitable condition for Cooperative's further occupancy. Further, nothing contained in this Lease shall limit Cooperative's or any Cooperative member's right to relocation benefits in a condemnation payable to Cooperative or any Cooperative member under state or federal law or Cooperative's or any Cooperative member's ability to interpose and prosecute a claim for the amount of any applicable relocation benefits. 168716.1 26 21. Abandonment Cooperative agrees not to vacate or abandon the Premises at any time during the Lease term. Should Cooperative vacate or abandon the Premises or be dispossessed by process of law or otherwise, such abandonment, vacation or dispossession shall be a breach of this Lease and, in addition to any other rights which Owner may have, Owner may remove any personal property belonging to Cooperative which remains on the Premises and store the same, such removal and storage to be paid for by Cooperative. 22. Laws and Regulations Cooperative shall comply promptly with all laws, rules and orders of all federal, state, and municipal governments, or departments, which may be applicable to the Premises, or the requirements of any of Owner's insurance carriers. 23. Notices All notices to be given to Cooperative shall be in writing, deposited in the United States mail, certified or registered, with postage prepaid, and addressed to Cooperative at UNITY PLACE, 5446 Ponds Drive North, Brooklyn Center, Minnesota. Notices by Cooperative to Owner shall be in writing, deposited in the United States mail, certified or registered, with postage I prepaid, and addressed to Owner at 510 First Avenue North, Suite 408 Minneapolis, address as Owner may a olis N 55403 or such other a P Y designate. Notices shall be deemed delivered when deposited in the United States mail, as above provided. Change of address by either party must be by notice given to the other in the same manner as above specified. 168716.1 27 24. Holding Over Any holding over after the expiration of the Lease term, with the consent of Owner, shall be construed to be a tenancy from month to month, and shall be on the terms and conditions herein specified, so far as applicable. 25. First Refusal Option In accordance with Minn. Stat. Ch. 273.124, subd. 6, Owner hereby grants to Cooperative a first refusal option to purchase the Premises if Owner proposes to sell it during the term of this Lease or any renewal thereof or within one (1) year after the expiration of the Lease term or any renewal thereof. Owner shall give written notice to Cooperative of all the terms and conditions of any proposed sale, during the option period, and Cooperative shall have ninety (90) days thereafter to exercise said option on the same terms and conditions. The Owner shall also g ive such notice to the Trustee and to Standard and Poors. The Cooperative shall deliver its notice exercising the option to the Owner, the Trustee and Standard and Poors. Should the option not be exercised, Owner shall have sixty (60) days thereafter to consummate the sale to third parties on the precise terms and conditions of the written notice. Any variation from the terms and conditions shall require a resubmission of the offer to Cooperative under this option. Owner agrees to schedule a meeting with the Cooperative d'at 1 following an election b immediately e Y g Y Y the Cooperative not to exercise its option to purchase to discuss the identity of the proposed purchaser. If the parties fail to agree on the desirability of such purchaser after meeting in good faith 168716.1 28 to discuss the matter, the Owner may elect to complete the sale to the proposed purchaser. Cooperative's failure to exercise this option with respect to any proposed transaction shall not constitute a waiver of the option rights created herein with respect to any subsequent transaction if the sale as to which Cooperative shall not have exercised its option is not consummated. This section shall remain in effect during the entire term of this Lease and shall bind any and all successors and assigns of Owner. 26. Fidelity Bonds If Cooperative controls any rents or operating or reserve funds, it shall furnish a fidelity bond or bonds in the face amount of $10,000 to protect Owner against any misappropriation of funds by Cooperative or its officers, members or agents, and the cost of such bond(s) shall be an operating expense. If any Management agent handles any funds owned by Owner or by Cooperative, Cooperative and Owner shall require the Management agent to maintain a fidelity bond or bonds, in the face amount of $10,000 to protect Cooperative and Owner against any misappropriation of funds by the Management agent or its officers, employees, or agents. The terms and conditions of the bonds shall be subject to approval of Owner and, in the case of the bond of the Management agent, Cooperative. 27. Relationship of Parties It is understood and agreed that the relationship of the parties hereto is that of landlord and tenant. This Lease shall not be construed as a joint venture or 168716.1 29 partnership. Cooperative is not and shall not be deemed to be an agent or representative of Owner. 28. Miscellaneous (a) The paragraph captions in this Lease are for con- venience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions hereof. (b) Time is of the essence of this Lease and of all provisions hereof, except in respect to the delivery of possession of the Premises at the commencement of the term hereof. (c) This Lease shall be construed and enforced in accordance with the laws of the State of Minnesota. (d) Any addenda or amendments to this Lease may be signed by only one officer of Cooperative and Owner. 29. Successors All the terms, covenants, and conditions hereof shall be bindin g upon on and inure to the benefit of the administrators, successors and assigns of the parties hereto, provided that nothing in this paragraph shall be deemed to permit any assignment, subletting, occupancy or use contrary to the provisions of paragraph 11. 30. Renter's Credit Reimbursement To the extent of monies available in the Operating Fund, Owner agrees to reimburse Cooperative members who occupy units in the Development on the date of this Lease annually, for a period of five years (the average length of stay at the Development for a household) following the date of this Lease, any difference between the Minnesota Renter's Credit that each member would have received if the Development were 168716.1 30 not subject to this Lease and taxed pursuant to Minnesota Statutes § 273.124 Subd. 6, and the actual amount of credit which the member receives pursuant to Minnesota Statutes § 290A.091 (the "Member Tax Refund ") . The refund shall be calculated by the management company and mailed to residents by August 30 of each year for payment of the Member Tax Refund for the preceding year. The Member Tax Refund shall be prorated for any partial year of occupancy based on the amount of time that the member resided in the Development during the year. No Member Tax Refund shall be payable upon expiration of the five -year term. In the event that the Operating Fund is insufficient to pay the full Member Tax Refund to the members in any year, the unpaid amount shall be loaned by the Owner and repaid as soon as funds are available. IN WITNESS WHEREOF, Owner and Cooperative have executed this Lease as of the date set forth above. COMMUNITY HOUSING DEVELOPMENT UNITY PLACE.-- - CORPORATION B By Its STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The 'oregoing instrument s acknow edged before me this _ day of /F 9 , 1994 by dl al 0/,Sm , the .,Q QE r of Co unity Housing Development Corporation, a Minnesota non - profit corporation, on behalf of the corporation. Notary Public 168716. 1 31 = ' " D.M. FISHER :.., STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was ackn wledged before me this /S ¢ day of , 1994, by , the a'k-c 'i (� of PLACE, a Minnesota co perative association, on behalf of the cooperative association. Notary Public DRAFTED BY: 0.0.1000.000000 - Amh PATRICIA L DUTTON LEONARD, STREET AND DEINARD (SCM) NOTARY►USM-4WElOTA 150 South Fifth Street Suite 2300 `" °OA x '" 00 Minneapolis, Minnesota 55402 (612) 335 -1500 168715.1 32 EXHIBIT A When the Owner bought UNITY PLACE, the Owner borrowed the money for the purchase from many private investors and agreed pursuant to certain agreements (the "Bond Documents ") to repay that money. In exchange for the money, the Owner made many promises to the investors, to the Minnesota Housing Finance Agency ( "MHFA") and to the U.S. Department of Housing and Urban Development ( "HUD "). The documents listed below are legal and financial documents that contain these promises. Although all of these promises that affect the Members have been included in the Occupancy Agreement and Section 8 Lease, if a conflict arises between the documents listed below and the Subscription Agreement, the Occupancy Agreement, or the Lease, the documents listed below control the dispute. 1. Bond Documents. 2. Housing Assistance Payments Contract. 3. Assignment of Housing Assistance Payments Contract. And to any and all modifications, extensions and renewals thereof and to any mortgage, covenant, lease or agreement made in replacement thereof and to any mortgage, covenant, lease or agreement which may at any time hereafter be placed on the property or any part thereof. The Member hereby agrees to execute, at the Cooperative's request and expense, any instrument which the Cooperative or any lender may deem necessary or desirable to effect the subordination of this Agreement to any such mortgage, covenant, lease or agreement and the Member hereby appoints the Cooperative and each and every officer hereof, and any future officer, his irrevocable attorney -in -fact during the term hereof to execute any such instrument on behalf of the Member. The Member does hereby expressly waive any and all notices of default and notices of foreclosure of said mortgage, covenant, lease or agreement which may be required by law. 168716.1 33 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING CERTAIN FINDINGS RELATIVE TO THE TREATMENT OF UNITY PLACE (FORMERLY "THE PONDS ") AS A LEASEHOLD COOPERATIVE WHEREAS, Community Housing Development Corporation, a Minnesota nonprofit corporation ( "Owner ") is owner of property consisting of approximately 17.44 acres C 1 t 11 1 t ,7 * l,. -.. 4 1. „ :1 1: n 1. � +orl t Gino _ [ t4 Do is n Vl larU aRLL 11 Wle arw L U Wl j LUW11110MO UU1ILLIngs loc"��u UL J �vU � i Ui."S _rive North and 7225 - 7274 Unity Avenue North, Brooklyn Center, Minnesota, legally described as all Lots, Blocks and Outlots contained in The Ponds Plat Six, according to the plat thereof, Hennepin County, Minnesota, hereinafter called Unity Place (formerly "The Ponds "); and WHEREAS, the tenants' apartment units of Unity Place (formerly "The Ponds ") are members ( "Cooperative Members ") of a Minnesota cooperative association known as "Unity Place Cooperative, a Cooperative Association" ( "the Cooperative "); and WHEREAS, the Cooperative desires to qualify Unity Place as a leasehold cooperative pursuant to Minnesota Statutes Section 273.124, Subdivision 6, which requires approval of the Cooperative by the City of Brooklyn Center so that homestead treatment may be claimed Coo r dwelling units i b Cooperative Members; and by th e Cooperative for dwe � u is occup ed y p , WHEREAS, the Council of the City of Brooklyn Center has held a public hearing pursuant to Minnesota Statutes Section 273.124, Subdivision 6. NOW THEREFORE BE IT RESOLVED b the City Council of the City of Y Y Y Brooklyn Center that: 1. The granting of homestead treatment of the Unity Place units will facilitate safe, clean, affordable housing for the Cooperative Members that would otherwise not be available absent the homestead designation. 2. The Owner has presented information satisfactory to the Council showing that the savings garnered from the homestead designation of the units will be used to reduce tenants' rents or provide a level of furnishing or maintenance not possible absent the designation. 3. The Cooperative has a lease for occupancy of Unity Place for a term of at least 20 years which permits the Cooperative, while not in default, to participate materially in the management of Unity Place, including material participation in establishing budgets, setting rent levels and hiring and supervising a management agent. RESOLUTION NO. 4. A minimum of forty percent (40%) of the Cooperative Members have incomes at or less than sixty percent (60 %) of area median gross income as determined by the United States Secretary of Housing and Urban Development under Section 142(d)(2)(B) of the Internal Revenue Code of 1986, as amended through December 31, 1991. For purposes of this finding, "member income" means the income of a member existing at the time the member becomes a member of the Cooperative. 5. The Owner of Unity Place has received public financing from the City of Brooklyn Center, which issued Multifamily Housing Revenue Bonds on or about December 1, 1993, which bonds are exempt from taxes under Section 103 of the Internal Revenue Code of 1986, as amended through December 31, 1991, the proceeds of which were used for the acquisition of Unity Place. The Owner of Unity Place is receiving revenues pursuant to Section 8 of the United States Housing Act of 1937. Date Todd Paulson, 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 10/24194 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter Department Approval: Gerald G. Splinter, City Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Review and discuss modifications to ordinance amendment and approve for first reading An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. • Summary Explanation: (supporting documentation attached Yes ) At the September 12, 1994, City Council meeting, Charter Commission Chair Eileen Oslund presented An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. The Council discussed each section in detail, and the City Attorney made several recommendations. The City Council tabled the ordinance amendment requesting further review by the Charter Commission and City Attorney. Attached for your review is a copy of a letter from City Attorney Charlie LeFevere, Holmes & Graven, to Charter Commission Chair Eileen Oslund dated September 27, 1994. The Charter Commission met on September 28, 1994, to discuss wording changes to the ordinance amendment. Attached for your review is a memorandum from Charter Commission Chair Eileen Oslund to the City Council dated October 7, 1994. Also attached is a recap of action taken by the Charter Commission regarding City Council concerns at first reading and a time line for proposed City Charter changes regarding filling of council vacancies. Specifically, the changes to the ordinance amendment are as follows: Section 2.05 (1st sentence) ... the City Council must publicly declare such vacancy and specify the date of occurrence of the vacancy .. . • Section 2.05 (4th sentence) ... If the unexpired term of the council vacancy is less than one year from the date of occurrence of the vacancy. . Section 2.05 (5th sentence) ... If the unexpired term of the council vacancy is one year or longer, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. Request For Council Consideration Page 2 Section 2.05a (1st sentence) ... a special election shall be called by the Council or by the City Clerk ® if the Council fails to act within thirty (30) days. Section 2.05b.1 (1st sentence) Uniform applications in a form approved by the City Council .. . Section 2.05b.2 Tentative interview scheduling shall be completed and posted at City Hall no later than twenty -five (25) days from the declared vacancy. Applicants shall be responsible for requesting schedule changes. Section 2.05b.3b A uniform list of initial Sere questions to that be asked of all each applicants shall 4se be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. Additiefl Section 2.05b.4 (after 2nd sentence) No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Section 2.05b.6 (NEW) The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. • HOLMES & GRAVEN CHARTERED Attornevs at Law 470 Pillsbury Center, Minneapolis, Minnesota 55402 ERT A. ALSOP (612) 337 -9300 ROBERT C. LONG 'ALD H. BATTY LAURA K. MOLLET .TEPHEN J. BUBUL Facsimile (612) 337 -9310 BARBARA L. PORTWOOD JOHN B. DEAN JAMES M. STROMMEN MARY G. DOBBINS JAMES J. THOMSON, JR. STEFANIE N. GALEY LARRY M. WERTHEIM CORRINE A. HEINE BONNIE L. WILKINS JAMES S. HOLMES WRITER'S DIRECT DIAL GARY P. WINTER DAVID J. KENNEDY (612) 337.9215 DAVID L. GRAVEN (1929 -1991) JOHN R. LARSON WELLINGTON H. LAW OF COUNSEL CHARLES L. LEFEVERE ROBERT C. CARLSON JOHN M. LEFEVRE, JR. ROBERT L. DAVIDSON ROBERT J. LINDALL T. JAY SALMEN September 27, 1994 Ms. Eileen Oslund Chair Charter Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Proposed Charter Amendments Dear Ms. Oslund: This letter is a follow -up to the discussion which occurred at the Brooklyn Center city council meeting of September 12, 1994, relating to amendments to the charter proposed by the Brooklyn Center Charter Commission. Following that discussion, I would recommend that the charter commission consider the following suggestions for changes to the charter amendment: 1. A question may arise whether the one year rule applies to the date a vacancy occurs or the date the vacancy is declared by the city council. To answer this question, the charter commission may wish to consider two changes. The first is a change to the first sentence in section 2.05 which could be changed to read "When, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must publically declare such vacancy and specify the date of occurrence of the vacancy within ten (10) days of its occurrence." The second change would be to the first sentence of the new language which the charter commission is proposing to add at the end of section 2.05. The first sentence of that new text could be amended to read "If the unexpired term of the council vacancy is less than one year from the date of the occurrence of the vacancy the Council by a majority vote of all its remaining members may either appoint a qualified person to fill the vacancy or call for a special election." 2. The new language in section 2.05 calls for the city council to call an election. However, the new language in section 2.05(a) provides that the special election =75e -7 Ms. Eileen Oslund September 27, 1994 Page 2 should be called by the city clerk. I would recommend that the first sentence of new section 2.05(a) be amended to provide that the special election shall be called by the "City Council" rather than the "City Clerk ". 3. The deleted language in former section 2.05(a) provided that if the council failed to appoint a member or failed to call a special election for thirty (30) days, a special election would be called by the clerk. New section 2.05(b) provides for the clerk to call a special election if the council fails to appoint in 45 days. However, it does not provide for the clerk to call an election if the city council Itaals to do so in the cast of a vacancy whi: it is one y ear or longer. 1hererore, Y would recommend that the first sentence in new paragraph 2.05(b)5 be amended as follows. "If the Council pursues the appointment process but then fails to fill a vacancy within forty -five (45) days or if the vacancy is for one year or longer and the City Council fails to call a special election within thirty days of the occurrence of the vacancy the City Clerk shall call a special election to fill the vacancy." 4. I would recommend that the first sentence of new paragraph 2.05(b) I be amended to read "Uniform applications in a form approved by the City Council must be received by the City Clerk, no later than twenty -one (21) days from the date of the declared vacancy." 5. Part of new section 2.05(b)1 provides that information required from candidates shall not include data classified as non - public under the Data Practices Act. The general rule under the Data Practices Act is that all data is public unless it is made non- public by a specific statutory provision. I am aware of no law which makes information submitted by council applicants to be non - public. I am not sure what the charter commission intended by this provision, but if the idea is to provide that data on city council candidates would be treated the same as data on city employees, 1 would recommend that the sentence dealing with data practices be changed to read as follows: "Applications shall not require information which would be made non - public under the Minnesota Data Practices Act if the candidates were applicants for employment with the City." You should be advised however, that this would provide the city council with limited useful information about an applicant. Basically a candidate could only be required to give his or her name, education and training background and previous work experience. Ordinarily when a city is hiring an employee it may require a good deal of additional information such as residence history, outside volunteer activities, references, criminal record, etc. This information is non - public. That is it cannot be released by the city to the public; but that does not mean that the data may not be collected by the city and considered in the evaluation process. If the charter amendment is adopted, it will limit the collection of data on the application form CLL76o7� 3R29i_, Ms. Eileen Oslund September 27, 1994 Page 3 to data which is public data. This is not illegal, but it would limit the amount of useful information which would be available to the city council. 6. You will recall that some concern was expressed by city council members about the practicality of scheduling interviews as required by new section 2.05(b)2. It seems to mean that this paragraph could be deleted without amending the timetable of the appointment process. That is, the deadline for all parts of the appointment process would remain the same eve n if there were no specific requirements as to the date by which interview scheduling must be completed. 7. Section 2.05(b)3 requires that the interview process may not start earlier than 28 days from the occurrence from the vacancy. There is nothing illegal about this proposed requirement, and it could serve to encourage more careful deliberation about the appointment process. However, the disadvantage is that the city council would not have the opportunity to act more promptly if it wished to do so. Therefore, this 28 day limitation would guarantee that no vacancy would ever exist for less than 28 days. 8. As you will recall from the council meeting, there were a number of questions about the meaning and application of section 2.05(b)3a. It would be unfortunate if the appointment process were subject to legal challenge because one candidate was not asked precisely the same questions as another. This could have the effect of discouraging dialogue between the city council and candidates because each time a new question was asked of one candidate, the council would be required to call all previously interviewed candidates back to ask them the same question. This could become a very cumbersome process. I would recommend consideration by the charter commission of either deleting this paragraph or substituting language something like the following: "A uaifurin list of inhiai questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable questions asked of all applicants at the interviews shall be uniform. 9. I understand from our discussion at the council meeting that it is not the intent of the charter commission in the second sentence of new paragraph 2.05(b)4 that an inconclusive vote would result in the elimination of candidates. To make this clear, I would recommend that the following sentence be added to paragraph 4 after the second sentence: "No vote which does not result in a majority vote for one candidate shall result in elimination from consideration of any candidates." _LL -Yb -- BR29 Ms. Eileen Oslund September 27, 1994 Page 4 If you have any further questions about any of these matters, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:ckr cc: Jerry Splinter �6, CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 C ENTER FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 V ICI IT' I 1 7 17 C�7 7 Ir 7 Z 4 7 7 �7 ra 7 A lALLAME AA I BROOKLYN CENTER CHARTER COMMISSION Amendment pertaining to filling of Council Vacancies RECAP OFACTION 7AKENREUARDINU CITY COUNCIL CONCERNS at 1st Reading PRESENTED E RN BY COMMISSION RESPONSE Section 2.05b: Celia Scott Have added some clarifying language to paragraph 2 of Twenty-one (2 1) days to submit an application may 2.05b. See also the 'Time Lines for Proposed Charter not allow enough time to set up interviews before the Changes'. NOTE: Intent here is for the City Staff & Council interview schedule must be posted by the 25th day. to put out a tentative schedule for interviews which takes into account their respective available times, but without concurrence of the individual applicants. Applicants can pick up the schedule on the 21st day and have until the 25 day to negotiate (with the City Mgr) for a change to their scheduled time & thereby eliminate any conflicts they may have. This eliminates the hassle of having to contact all applicants in advance of putting out a tentative schedule & keeps things moving. Section 2.05b, paragraph 3b: Todd Paulson This entire paragraph has been reworded with the Councilmembers should be given freedom with assistance of the City Attorney. regard to follow -up questions. Section 2.05: City Attorney Language suggested by the City Attorney to have this What determines the date of a vacancy occurence date specified by the City Council at the time they accept (ie; date occurs or date declared by the Council)? a resignation and/or declare a vacancy, has been added. Section 2.05x: City Attorney Charter Commission intended no change to this wording Question regarding who calls for the Special Election from the present charter. We have corrected it to read (ie; City Clerk or City Council). that the City Council calls for the election and it defaults to the City Clerk only if the Council fails to call for the election, within the stated timeline. RDG1 -CHG. WPS;tk;10 /7/94 r', 0 RECAP OFACTION TAKENREGARDING CITY COUNCIL CONCERNS at Ist Reading PRESENTED CONCERN BY COMMISSION RESPONSE Section 2.05b, paragraph 1: City Attorney Wording has been added to accomplish this. Charter should state that the'Uniform Application' be approved by the City Council. Section 2.05b, paragraph 1: City Attorney With the consultation and assistance of the City Atty Regarding the Minnesota Data Practices Act. we have eliminated reference to the MN Data Practices Act in 2.05b -1 and have added a paragraph 6 to address this matter. Section 2.05b, paragraph 3b: City Attorney This entire paragraph has been rewritten with the Concern regarding the interviews core questions. assistance of the City Attorney. Section 2.05b, paragraph 4: City Attorney Wording has been added with the assistance of the Concern regarding the voting restrictions. City Attorney to resolve the concern. Commission's concern was simply to not prematurely eliminate any applicant and the new language accommodates that. Recap prepared by: Tony Kuefler, Charter Commission, Sub - Committee Chairperson RDG 1 -CHG. WPS;tk;10 /7194 BROOKLYN CENTER CHARTER COMMISSION TIME LINES FOR PROPOSED CITY CHARTER CHANGES =ardinp FILLING OF COUNCIL VACANCIES If She unexpired term of She council vacancy is one year or longer. TIME LINE CURRENT PROPOSED ACTION Earliest Latest Earliest Latest Vacancy Occurs. Day 1 Day 1 Day 1 Day 1 Public notified of Council Vacancy & of the City Charter's requirement that the vacanc be filled via the Special Election Process. Day 1 Day 10 Day 1 Day 10 Special Election is held. Day 90 Day 120 Day 90 Day 120 If the unexpired term of She council vacancy is LESS TITAN ONE YEAR & She City Council chooses in ,611 the vacancy via the SPECIAL ELECTION PROCESS. TIME LINE CURRENT PROPOSED ACTION Earliest Latest Earliest Latest Vacancy Occurs. Day 1 Day 1 Day 1 Day 1 Public notified of Council Vacancy. Day 1 Day 10 Day 1 Day 10 Public notified of City Council's intent to fill the vacancy via the Special Election Process. Day 1 Day 30 Day 1 Day 30 Special Election is held. Day 90 Day 120 Day 90 Day 120 BCCHARTR. WKS; tk;10 /7/94 I BROOKLYN CENTER CHARTER COMMISSION TIME LINES FOR PROPOSED CITY CHARTER CHANGES regarding FILLING OF COUNCIL VA AN IE If the unexpired term of the council vacancy is LESS THAN ONE YEAR & Me City Council chooses to fill the vacancy via the APPOINT1tIENT PROCESS. TIME LINE CURRENT PROPOSED ACTION Earliest Latest Earliest .Latest Vacancy Occurs. Day 1 Day 1 Day 1 Day 1 Public notified of Council Vacancy. Day 1 Day 10 Day 1 Day 10 Public notified of City Council's intent to fill the vacancy via the Appointment Process & of the Procedures for Interested Applicants to follow. Unspecified Unspecified Day 1 Day 10 Applications for Appointment Accepted. Unspecified Unspecified Day 1 Day 21 Applicant Interview Schedule Announced and Core set of Interview Questions made available. Unspecified Unspecified Day 22 Day 25 Applicants Interviewed. Unspecified Unspecified Day 28 Day 45 City Council Appoints Person to Fill the Vacancy. Unspecified Day 30 Day 28 Day 45 If the City Council fails to fill a vacancy via Me Appointment Process, within the allotted timeframe, then a Special Election shall be called and the following time lines apply. TIME LINE CURRENT PROPOSED ACTION Earliest Latest Earliest Latest Public notified of Special Election. Day 30 Unspecified Day 46 Day 46 Special Election is held. Day 90 Day 120 Day 105 Day 135 BCCHARTR. WKS; tk;10 /7194 2 /ate CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1994, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 2 of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 2.05. VACANCIES IN THE COUNCIL. When, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must publicly declare such vacancy and specify the date of occurrence of the vacancy within ten (10) days of its occurrence. Notice of the vacancy shall be posted at City Hall and sent to the official city on the next business day. The Mayor or Council member shall Y y y forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council, or (5) departure of residence from the City. If the unexpired term of the Council vacancy is less than one year from the date of the occurrence of the vacancy, the Council by a majority vote of all its remaining members may either appoint a qualified person to fill the vacancy or cal for a special election If the unexpired term of the Council vacancy is one year or longer a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day. A quorum of the Council consists of three (3) members: if at any time the membership of the Council is reduced to less than three (3) members, the remaining members may by unanimous action appoint additional members to raise the membership to three (3). [ Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES. If the unexpired term of the council vacancy is less than one year, the Council by a majority vote of all its remaining embers shall appoint a qualified person to fill the vacancy. If the g PP q P Y Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and ORDINANCE NO. not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If the unexpired term of the council vacancy is one year or longer, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. The quorum of the Council consists of three (3) members; if at any time the membership of the Council is reduced to less than three (3), the remaining members may by unanimous action appoint additional members to raise the membership to three (3).] Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the council vacancy is one year or longer, or if the unexpired term of the Council vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120 ) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03 Special Elections. If more than two candidates file for the unexpired term primary election shall be held. P a p Y Section 2.05b. PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT. If the unexpired term of the council vacancy is less than one year, the Council by a majority vote of all its remaining members may appoint a qualified person to fill the vacancy. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day and shall include the followinff information: 1. Uniform applications in a form approved by the City Council must be received by the City Clerk, no later than twenty-one 21) days from the date of the declared vacancy. Application forms submitted by the applicants are public documents. Applications shall request, at a minimum, all information required by Minnesota Statutes of candidates filing for the office. Additional information forms may be adopted by the City Council and shall be required of each applicant uniformly. The applicant may submit a resume, in addition to the uniform application forms. 2. Tentative interview scheduling shall be completed and posted at City Hall no later than twenty-five (25) days from the declared vacancy. Applicants shall be responsible for requesting schedule changes. ORDINANCE NO. 3. Interview process shall not start earlier than twenty -eight (2$) days from the declared vacanc . v a. Applicants shall be interviewed by the Council, in accordance with the State of Minnesota open meeting laws. b. A uniform list of initial questions to be asked of all applicants shall be made available to the p ublic and the a licants in advance of � i interviews. To the extent reasonably practicable, questions asked of all ap at the interviews shall be uniform. 4 . Selection Process. Upon completion of the interview process, the Council P p P may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called -for vote to appoint. No vote which does not result in a majority vote for one candidate shall result ] Y , in elimination from consideration of any candidate. Written ballots listing the applicant (s) shall be used. Each Council member's vote shall be recorded. A im 1 majority shall appoint that applicant to the City s e a orit of the Council votes s a a J y pp Pp v Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty -five 45) dam the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty -five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1994. Todd Paulson, Mayor ORDINANCE NO. ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) Council Meeting Date 10/24/94 City of Brooklyn Center Agenda Item Number �a b tion: Item Descri Request For Council Consideration P An Ordinance Amending Ordinance No. 92 -15 Regarding Council Salaries Department Approval: k-g^zt Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: It is recommended the City Council open the scheduled public hearing, take any comments relative to the ordinance amendment, and then close the public hearing. It is further recommended to pass final reading of An Ordinance Amending Ordinance No. 92 -15 Regarding Council Salaries. • Summary Explanation: (supporting documentation attached No Y P � PP g ) At its October 11, 1994, meeting, the City Council discussed An Ordinance Amending Ordinance No. 92 -15 Regarding Council Salaries. The ordinance amendment was approved for first reading, was published in the City's official newspaper on October 12, 1994, and is offered this evening for a second reading and public hearing. This ordinance amendment would increase the Mayor's annual salary to $7,500 in 1995 and $7,700 in 1996; and increase the Council Member's annual salaries to $5,500 in 1995 and $5,700 in 1996. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of October, 1994, at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance No. 92 -15 Regarding Council Salaries. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 92 -15 REGARDING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 92 -15, which amended the amount of the monthly salaries to be paid to the mayor and council members to become effective January 1, 1993, is hereby amended. Section 2. Effective January 1, 1995, the monthly salary for council members shall be $458.33 and the monthly salary for mayor shall be $625.00. Section 3. Effective January 1, 1996, and thereafter until legally amended, the monthly salary for council members shall be $475.00 and the monthly salary for mayor shall be $641.67. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1994. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) Council Meeting Date 10/24/94 31 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: Audit Committee Recommendation for Professional Auditing Services Department Approval: H Charles Hansen, Finance Director Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Discuss the recommendation of the Audit Committee and select a course of action. Summary Explanation: ( PP g su ortin documentation attached ) Last year, the City Council expressed a desire to go out for Request for Proposals for auditing services, • but the issue came up too late in the year to be accomplished for the audit of 1993. Deloitte & Touche was then reappointed for a one year extension. Staff was directed to do a Request for Proposals in the summer of 1994. A Request for Proposals for auditing services was sent out to twelve audit firms known to audit government units in August 1994. Seven firms responded by the September 19 deadline. The Audit Committee was formed to include three members of the Financial Commission and three city staff members. Appointed to the committee were Donn Escher, Denis Kelly, Ned Storla, Gerald Splinter, Charles Hansen and Tim Johnson. This committee met on October 4 and reviewed the written proposals of the seven firms which responded. The list was narrowed to three firms which were invited for interviews. These interviews are scheduled to take place on Thursday evening, October 20, 1994. We expect that the Audit Committee will reach agreement on a recommendation that night. However, it will be too late for inclusion in the agenda packets and will be delivered to you separately on Friday, October 21. The City Council has the options of: 1. Scheduling interviews with one or more audit firms and making a final decision at a future Council meeting. 2. Taking the recommendation of the Audit Committee and appointing auditors at Monday's meeting. It is important that this issue be decided by mid November so that the firm selected can place the City of Brooklyn Center on its schedule and commit staff to the engagement. > ,1 r Council Meeting Date 3 10/24 31 City of B rooklyn Center Agenda Item Number � ct.. Request For Council Consideration Item Description: Audit Committee Recommendation for Professional Auditing Services Department Approval: P CA.a,,A Charles Hansen, Finance Director Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: The Audit Committee recommends that Deloitte & Touche be retained as the City's auditor for another three years. The City Council should discuss the recommendation and either schedule interviews if the Council wishes to conduct them or past a resolution appointing auditors. Summary Explanation: (supporting documentation attached ) The Audit Committee met on Thursday evening, October 20, 1994 to interview the three firms which had been selected from the seven who submitted written proposals. The three firms are: Malloy, Montague, Karnowski, Radosevich & Co., P.A. Deloitte & Touche LLP Tautges, Redpath & Co., Ltd. Audit Committee members present for the interviews were Donn Escher, Denis Kelly, Gerald Splinter, and Charles Hansen. The committee considered information included in the written proposals, the results of reference checks, and of course, the interviews. Based on this information, we feel confident in saying that any of the three firms is well qualified to conduct a thorough and complete audit. There was one area in which there was a distinct difference. That was the capability to present financial information and audit results in both oral and written form so that it is made understandable to and holds the attention of;r on -finance professionals. In that area, Deloitte & Touche clearly outshines the others. Each firm was asked to propose a maximum, all inclusive fee for the audit of Brooklyn Center for the fiscal year 1994. Each firm indicated that the fees for subsequent engagements for the years 1995 and 1996 would reflect a rate of increase of no more than the rate of inflation. This assumes no major change in the scope of the engagement. The proposed fees for 1994 are as follows: Malloy, Montague, Karnowski,Radosevich & Co. P.A. $19,375 Deloitte & Touche LLP $25,900 Tautges, Redpath & Co., Ltd. $23,984 Request For Council Consideration Page 2 The Audit Committee holds the opinion that the quality of service should be the primary consideration and that fees, while important, are a secondary consideration in this type of decision. Other considerations one needs to take into account when reviewing a change in firms is the fact that an appointment of Deloitte & Touche would use staff time more efficiently since they currently work with and understand the City. . New auditors consume vast amounts of staff time to help them understand our operations which then makes staff unavailable for .other projects. Auditors agree that a really thorough audit isn't done until the second year of the engagement, because the first year is spent just learning about the City as a whole. The Audit Committee reached unanimous agreement to recommend that Deloitte & Touche be retained as the City's t auditor for another three years. Our second choice would be Tautges, Redpath & Co. The third choice would be Malloy, Montague, Karnowski, Radosevich & Co., P.A. The City Council has the options of: 1. Scheduling interviews with one or more audit firms and making a final decision at a future Council meeting. 2. Taking the recommendation of the Audit Committee and appointing auditors at Monday's meeting. Staff will have draft resolutions available to appoint any of the three firms. It is important that this issue be decided by mid November so that the firm selected can place the City of Brooklyn Center on its schedule and commit staff to the engagement. Council Meeting Date 10/24194 31 City of Brooklyn Center Agenda Item Number 13 -b Request For Council Consideration • Item Description: REPORT OF THE NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE Department Approval: Diane Spector, Director\gf Public Services Manager's Review /Recommendation: i No comments to supplement this report Co Ve below /attached Recommended City Council Action: Receive and discuss the report. Summary Explanation: (supporting documentation attached Yes ) Attached is a copy of the final report of the Northeast Transportation Corridor Task Force. Chair Frank Slawson will be available at the meeting to answer questions. NOTE: For the Council's information, as City Manager Splinter has mentioned at least a few times in his weekly communications with you, we have been receiving complaints from residents on streets parallelling Humboldt Avenue regarding increased volumes of traffic, and increased speed of traffic. Preliminary traffic counts suggest a substantial (50 %) increase in traffic on Dupont Avenue just south of 73rd, and a 30% increase in traffic on Newton Avenue just south of 73rd. This traffic increase seems to be coincident with the installation of the Stop signs, but cannot be said definitively to be caused by their installation. We do not have updated speed information for these streets. The Task Force was made aware of this information in its discussions regarding whether the Stop signs should be retained. • City of Brooklyn Center Northeast Transportation Corridor Task Force Findings and Recommendations The Northeast Transportation Corridor Task Force was established by the City Council on May 9, 1994. The Task Force's general purpose was: ...to review traffic and transportation issues and make recommendations to: reduce the level of traffic on Humboldt Avenue; reduce congestion on T.H. 252; provide access; define roadway function; preserve neighborhoods; and to address other planning issues. The Task Force was charged with providing an interim report to the City Council by July 25, 1994 outlining specific interim improvements to Humboldt Avenue to provide immediate relief from cut - through traffic. The Task Force provided this interim report The Task Force was also charged with reporting to the City Council by October 24, 1994 with recommendations regarding long -term improvements to Humboldt Avenue, and long -term transportation policies. This constitutes said report. The Task Force met ten times in fulfillment of its charge. The following are the group's findings and recommendations: FINDINGS Whereas, Humboldt Avenue is designated as a collector roadway; and Whereas, Humboldt Avenue serves various abutting functions, i.e., commercial and high density residential south of 69th Avenue to 65th Avenue and low density residential from 69th Avenue to 73rd Avenue; and Whereas, Humboldt Avenue is designated as a collector within the limits of Brooklyn Park from 73rd Avenue to T.H. 252; and Whereas, the Northeast Transportation Corridor Task Force has studied traffic issues, access, function and preservation of neighborhoods. Now, Therefore, the Northeast Transportation Corridor Task Force makes the following findings: 1. The roadway from 69th Avenue to 73rd Avenue serves as a collector. 2. T.H. 252 serves as a principal arterial and is currently functioning at capacity. Humboldt Avenue is located such that peak hour traffic diverts to the roadway especially when T.H. 252 is congested. October 24, 1994 Page 1 Northeast Transportation Task Force Findings and Recommendations 3. Short term efforts to reduce congestion on T.H. 252 include construction of acceleration lanes for access, coordination of traffic signals and construction of left turn deceleration lanes, as per Brooklyn Center resolution 94 -184 and Brooklyn Park resolution 1994- 240, requesting Mn/DOT to consider same. 4. Based on current traffic volumes and projected volumes on Humboldt Avenue, an appropriate roadway design would be two through lanes, two parking lanes. 5. The preservation of neighborhoods in both Brooklyn Center and Brooklyn Park from 69th Avenue to 81st Avenue established in the 1965's, is a goal which best serves the local neighborhood and community. 6. On street parking, to some extent, preserves neighborhood function and the minimum street design which meets state aid standards with parking on one side is 36 feet. 7. The traffic control technique which has a probability of significant reduction of traffic on Humboldt Avenue is elimination of Humboldt Avenue access to T.H. 252. 8. The Task Force has considered "Neighborhood Traffic Control" (NCITE, January 1994) and finds that additional traffic control techniques are not reasonable considering the function of the roadway. 9. The Stop signs posted on Humboldt at 70th and 72nd have reduced speed, increased P g P P access, and improved safe and courteous driving habits. RECOMMENDATIONS: Now, Therefore, the Northeast Corridor Transportation Task Force recommends: 1. Collector roadways within the community serve the individual resident, the local neighborhood and greater neighborhood. Road reconstruction should be designed to best meet the needs of those persons served. 2. The Brooklyn Center council should encourage Mn/DOT to improve T.H. 252 to include traffic signal coordination in the corridor from 66th Avenue to 93rd Avenue. 3. Stop signs at 70th Avenue and 72nd Avenue should remain. 4. Design should incorporate preservation of neighborhood aesthetic features as much as possible. October 24, 1994 Page 2 Northeast Transportation Task Force Findings and Recommendations 5. The City should request the support of Brooklyn Park ad Mn/DOT to restrict right turns to south Humboldt Avenue from T.H. 252 and to westbound 73rd Avenue from T.H. 252 from 6 -9am. This has the greatest capacity to reduce traffic on Humboldt Avenue, while allowing residents to have access to our communities. It is also recognized that said restriction will increase traffic on alternate streets, i.e., Brookdale Drive, 73rd Avenue, 70th Avenue, and 66th Avenue. The City of Brooklyn Center should assist Brooklyn Park monetarily to achieve said closure. 6. Reconstruction of Humboldt Avenue should occur at minimum standards permitted by MSA as a two lane road with parking on one side. NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE Frank Slawson, Chair Robert Borchardt Doug Pearson Larry Cuskey Al Peters Chuck Lenthe Terry Prccht Stanley Owens Linda Smith Tim Parker Michael Schwartz Todd Paulson Tim Willson Diane Spector (Brooklyn Center Staff Gary Brown (Brooklyn Park Staff Liaison) Liaison) Respectfully Submitted This 24th of October, 1994, Diane Spector (Brooklyn Center Staff Liaison October 24, 1994 Page 3 Council Meeting Date 10/24/94 3 City of Brooklyn Center Agenda Item Number 4/ Request For Council Consideration • Item Description: Brooklyn Center Mission Statement Department Approval: Gerald G. Splinter, City Manag Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Motion by City Council for formal approval of City of Brooklyn Center Mission Statement. Summary Explanation: (supporting documentation attached No ) At its October 17, 1994, work session, the City ouncil reviewed and discussed a proposed Mission Y P P Statement for the City of Brooklyn Center. The Council agreed on two changes to the proposed Mission Statement, and it is presented this evening for formal approval and is as follows: The mission of the City of Brooklyn Center is to assure the best possible quality of life for our diverse community by providing the municipal services of public safety, finance and administration, community development, and public works in a cost effective manner. Council Meeting Date 10/24/94 3 City of Brooklyn Center Agenda Item Number /3d Request For Council Consideration • Item Description: Approval of Police Chief Selection Process Department Approval: Gerald G. Splinter, City Man ger Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: After review of the two processes listed below, I am recommending that we move forward with No. 1 - opening the recruitment for Chief of Police to internal current City of Brooklyn Center employees only. This decision is based on my experience with and working directly with our internal staff who I assume will apply for the position. I expect to receive applications from at least two individuals both • of whom have excellent job qualifications and years of experience in law enforcement plus a full understanding of the operations of Brooklyn Center. I believe the assessment portion of the recruitment process will also assist in making a good final determination of appointment to the Chief position by analyzing management, leadership, and other communication skills necessary for the position. Summary Explanation: (supporting documentation attached No ) I believe it is now time for the City Council to discuss recruitment for filling the vacancy of Chief of Police for the City of Brooklyn Center. After evaluation of various alternatives and approaches to recruitment of this position, I have narrowed recruitment to two options listed below: 1. Recruit for Police Chief allowing, for internal applications only. This process is similar to that used for recruitment of Public Services Director and Finance Director for our City over the past several years. To recruit internally we would, as in the past, update the job description and post an employment opportunity for current City of Brooklyn Center employees only. After the application deadline is complete, we would interview and also use an assessment process such as Personnel Decisions, Inc. (PDI) to evaluate a variety of management, leadership, and communication skills. Once the interviews and analyses are complete, the City Manager's final recommendation would be brought forward to the City Council for "finalization" of the appointment. • 2. Open the recruitment process to external applicants as well as internal applicants. To handle this process, we would recruit both internally and externally. We again would first review the job description, create a job opening announcement, and advertise in Request For Council Consideration Page 2 various publications. After the deadline for the application process, the applications would then be screened and the top candidates would then be interviewed and also go • through the assessment process described in No. 1 above. Once the interviews and assessments are complete, the City Manager would make a final recommendation to the City Council for "finalization" of the appointment. If possible, our expectation on completion of either process would be to hire a Chief of Police by December 19, 1994. You should understand, an external process may take a bit longer depending on the number of applications the City receives. We would also allow council members time to interact with the final candidates during either process listed above. • Council Meeting Date 10/24/94 (� =31 City of f Brooklyn Center Agenda Item Number ! �� Request For Council Consideration • Item Description: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13131 AND 13132 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS Department Approval: c; Dian ector, Director of I "brServices Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution awarding assessment stabilization grants. • Summary Explanation: (supporting documentation attached ) The attached resolution represents assessment stabilization grants for Levy Nos. 13131 and 13132. Additional grants are anticipated and will be forwarded for Council action. i Hw Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13131 AND 13132 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 13131 and 13132 for the following improvements: KNOX /JAMES & 54TH AVENUES STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1994 -01 NORTHWEST AREA STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1994 -11 WHEREAS, Special Assessment Levy Nos. 13131 and 13132 were on September 12, 1994 approved by the City Council; and WHEREAS, the City Council has adopted an Assessment Stabilization Program to provide economic assistance to low income property owners in the form of grants to reduce or pay in full their special assessments for street improvement projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Certain property owners are eligible for a grant to pay the entire amount of their special assessment. Special Assessment Levy No. 13131 is hereby amended to delete the following assessment: PID # Amount 02- 118 -21 -44 -0123 $1,550 RESOLUTION NO. 2. Certain property owners are eligible for a grant to pay some part of their special assessment. Special Assessment Levy No. 13131 is hereby amended to reduce the following assessments as noted: Previous PID # Amount Reduced To 02- 118 -21 -44 -0006 $1,550 $ 388 02- 118 -21 -44 -0092 $1,550 $1,339 Special Assessment Levy No. 13132 is hereby amended to reduce the following assessments as noted: Previous PID # Amount Reduced To 28- 119 -21 -43 -0029 $1,550 $1,032 28- 119 -21 -43 -0037 $1,550 $ 999 28- 119 -21 -43 -0043 $1,550 $ 970 28- 119 -21 -44 -0061 $1,550 $1,032 3. All costs associated with these grants shall be funded from Local State Aid Account #2900. Date Todd Paulson, 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 10/24/94 City of Brooklyn Center Agenda Item Number � T 6 Description: Item Descri P Request For Council Consideration • RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Department Approval: Diane pector, Director of b 'c Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: It is recommended the Council adopt the attached resolution. • Summary Explanation: (supporting documentation attached ) The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/24/94 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- CITY OF B.C. 69TH PALMER LAKE PARK 184 CITY OF B.C. 6030 VINCENT AVE N 185 CITY OF B.C. 6030 VINCENT AVE N 186 CITY OF B.C. 6030 VINCENT AVE N 187 CITY OF B.C. 6030 VINCENT AVE N 188 CITY OF B.C. 6030 VINCENT AVE N 189 CITY OF B.C. 6030 VINCENT AVE N 190 CITY OF B.C. 6030 VINCENT AVE N 191 CITY OF B.C. 6030 VINCENT AVE N 192 CITY OF B.C. 6030 VINCENT AVE N 193 CITY OF B.C. 6030 VINCENT AVE N 194 CITY OF B.C. 6030 VINCENT AVE N 195 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION NO. Date Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 10 // f 24/94 31 Crty of Brooklyn Centel' Agenda Item Nmber Description: Item Descri P Request For Council Consideration • RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY OF BROOKLYN CENTER ON THE MODIFICATION OF HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND THE CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 3 Department Approval:_ G. Bra Ixoffman. Community lopment Director Manager's Review /Recommendation: d No comments to supplement this report Comments below /attached Recommended City Council Action: Pass Resolution Calling for a Public Hearing by the City of Brooklyn Center on the Modification of Housing Development and Redevelopment Project No. 1 and the Creation of Tax Increment Financing . District No. 3. Summary Explanation: (supporting documentation attached Yes ) 1 in I will be available Monday evening to review this matter detail. g • Mb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY OF BROOKLYN CENTER ON THE MODIFICATION OF HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND THE CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 3 BE IT RESOLVED by the City Council (the "Council ") of the City of Brooklyn Center (the "City "), Minnesota, as follows: Section 1. Public Hearing This Council shall meet on Monday, December 19, 1994, at approximately 7:00 p.m., to hold a public hearing on the proposed modification of Housing Development and Redevelopment Project No. 1 and creation of Tax Increment Financing District No. 3 pursuant to and in accordance with Minnesota Statutes, Section 469.001 to 469.047, and Minnesota Statutes, Section 469.174 to 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Hearin: Filing of Program Staff is authorized and directed to modify the Redevelopment Plan and create the Tax Increment Financing Plan (the "Plans ") and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 279. The City Clerk is authorized and directed to cause notice of the hearing, substantially in the form attached hereto as Exhibit A, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30 days prior to December 19, 1994, and to place a copy of the Plans on file in the Clerk's office at City Hall and to make such copy available for inspection by the public. Date Todd Paulson, 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. EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER COUNTY OF HENNEPIN STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council (the "Council ") of the City of Brooklyn Center, County of Hennepin, State of Minnesota, will hold a public hearing on Monday, December 19, 1994, at approximately 7:00 p.m. at the City Council Chambers, Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, relating to the modification of Housing Development and Redevelopment Project No. 1 and the creation of Tax Increment Financing District No. 3, all pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended. Copies of the Redevelopment Plan and Tax Increment Financing Plan (the "Plans) are on file and available for public inspection at the office of the City Clerk at City Hall. Tax Increment Financing District No. 3 encompasses all property and adjacent rights -of- way as found on the attached maps and indicated by parcel identification numbers below: 0 (insert maps and parcel list) Further information relating to the Plans may be obtained from the office of the City Clerk. All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. Dated: BY ORDER OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA City Clerk 0 • a� � � a h�S d F ..lye., *� WILLOW /252 AREA - 2 PID # HOUSE # STREET NAME 3511921130011 3511921130013 3511921130019 2100 FREEWAY BLVD 3511921130020 3511921140008 1800 FREEWAY BLVD 351192!114001!1 1600 FREEWAY BLVD 3511921220005 3511921220007 6850 SHINGLE CREEK PKW 3511921220008 6860 SHINGLE CREEK PKW 351192!1220010 3511921220011 6870 SHINGLE CREEK PKW 3511921220051 3511921220052 2800 FREEWAY BLVD 3511921230002 3511921240003 3511921410003 1501 FREEWAY BLVD 3511921410015 3511921410018 1601 JAMES CIR.N 3511921410019 1501 JAMES CIR N 351192!1420003 6415 JAMES CIR''N 3511921420010 3611921130008 6500 WEST RIVER RD 3611921130009 6512 CAMDEN AVE N 3611921130010 6506 CAMDEN AVE N 3611921130011 6500 CAMDEN AVE N 361192.1130026 419 67TH AVE N' 3611921130027 6525 WEST RIVER RD 3611921130029 3611921130030 430 65TH AVE N 361192.1130031 3611921130032 3611921130033 3611921130079 3611921130080 412 66TH AVE N 3611921130106 3611921130107 3611921130108 6525 WILLOW LA N 3611921130110 3611921130111 6550 WEST RIVER RD 36119211301'12 3611921240046 6507 CAMDEN AVE N 3611921240047 700 66TH. AVE N 3611921310011 6331 COLFAX AVE N 3611921310014 6336 DUPONT AVE N 3611921310016 6331 BRYANT AVE N 3611921310017 6330 COLFAX AVE N 3611921310045 6305 CAMDEN AVE N 3611921320002 6337 DUPONT AVE N p: \depts\ assess \arcview \charts \wi112522.xls 1 WILLOW 1252 AREA - 2 3611921320006 6336 EMERSON AVE N 3611921320010 6331 EMERSON AVE N 3611921320013 6330 FREMONT AVE N 3611921320056 6331 FREMONT AVE N 3611921320059 6330 GIRARD AVE N 3611921320065 6325 GIRARD AVE N 3611921320066 6324 HUMBOLDT AVE N 3611921420007 201 65TH AVE N 3611921420008 207 65TH AVE N 3611921420009 215 65TKAVE N' 3611921420010 6425 WILLOW LA N 36119214200111 6417 WILLOW LA ''N 3611921420012 6409 WILLOW LA N 3611921420013 6401 WILLOW LA :N 3611921420015 6351 LILAC DR N 3611921420016 6357 LILAC DR N'. 3611921420017 3611921420018 p: \depts \assess\arcview \charts \wi112522.xls 2 BROOKDALE AREA - 2 p:\ assess \arcview \maps\brkdale2.xls BROOKDALE AREA - 2 PID # HOUSE # STREET NAME 0211821130024 1910 57TH AVE N 0211821130025 0211821130026 1950 57TH AVE N 0211821130027 2000 57TH AVE N 0211821130028 1912 57TH AVE N 0211821130029 1900 57TH AVE N 0211821230015 2802 NORTHWAY DR 02118212300!16 2810 CO <RD NO 10 0211821230017 2901 NORTHWAY DR 0211821230019 2920 CO RD NO ;10 0211821230022 5810 XERXES AVE N 0211821230021 0211821240019 2500 CO RD NO 10 0211821310055 0211821310056 2501 CO RD NO 10 0211821320008 0211821320009 1265 BROOKDALE CENTER 0211821320010 1265 BROOKDALE CENTER 0211821320011 1100 BROOKDALE CENTER 021182'1320012 1200 BROOKDALE CENTER .!! 0211821420004 1901 57TH AVE N 0211821420031 2121 57TH AVE N 0211821420032 5650 LILAC DR N r� 0211821420033 2105 57TH AVE N 0211821420034 0211821420035 1915 57TH AVE N 0311821130011 0311821140001 5740 BROOKLYN BLVD 0311821140019 5701 XERXES AVE N 0311821140021 5710 XERXES AVE N 0311821140022 5615 XERXES AVE N 0311821140024 5801 XERXES AVE N 0311821140026 5825 XERXES AVE N 0311821140030 2950 CO RD NO 10 0311821140032 1206 BROOKDALE CENTER 0311821140033 3300 CO RD NO 10 0311821140034 3200 CO RD NO 10 0311821410001 5620 BROOKLYN BLVD' 0311821410002 5601 XERXES AVE N 0311821410013 5540 BROOKLYN BLVD 0311821410014 5532 BROOKLYN BLVD 0311821410015 5524 BROOKLYN BLVD 0311821410016 5512 BROOKLYN BLVD 0311821410017 0311821410018 5515 XERXES AVE N 03118214100 0311821410020 5525 XERXES AVE N 0311821410021 p: \assess \arcview \charts \brkdale2.xls 1 BROOKDALE AREA - 2 0311821410022 5545 XERXES AVE N 0311821440026 1297 BROOKDALE CENTER 0311821440030 5445 XERXES AVE N 0311821440032 5500 BROOKLYN BLVD 0311821440033 5501 XERXES AVE N 0311821440034 5425 XERXES AVE N 1011821110010 5139 BROOKLYN BLVD 1011821110011 5105 BROOKLYN BLVD' 1011821120056 3305 53RD AVE N 1011821120057 3413 53RD AVE N 1011821130003 5001 DREW AVE N 1011821130006 5000 FRANCE AVE N 1011821130042 5001 EWING AVE N 101182!1130051 3616 50TH AVE N 1011821130059 3607 50TH AVE N 1011821130060 3615 50TH AVE N 1011821130061 3701 50TH AVE N 1011821130062 3707 50TH AVE N 1011821130063 3715 50TH AVE N 1011821130064 3721 50TH AVE N 1011821130065 4912 FRANCE AVE N 1011821130066 4906 FRANCE AVE N 1011821130067 4900 FRANCE AVE N 1011821130068 4902 FRANCE AVE N p:\ assess \arcview\charts \brkdale2.xls 2 BROOKLYN BOULEVARD 169TH AREA W r Y J ✓ r p: \depts \assess \arcview \maps \bb69th.xls BROOKLYN BLVD /69TH AREA PID # HOUSE # STREET NAME 2711921330005 7018 BROOKLYN BLVD 2711921330007 7014 BROOKLYN BLVD'' 2711921330008 7015 KYLE AVE N . ............................... 2711921330010 7015 BROOKLYN BLVD 2711921330011 6939 BROOKLYN BLVD ....... ............................... 2711921330012 6933 !BROOKLYN BLVD 2711921330013 6927 BROOKLYN BLVD 2711921330014 6921 BROOKLYN BLVD 2711921330016 4408 69TH AVE N 2711921330017 4416 69TH AVE N 2711921330018 6900 LEE AVE N 2711921330019 6914 LEE AVE IN 2711921330020 6920 LEE AVE N 2711921330021 6945 LEE AVE >N 2711921330022 6939 LEE AVE N 2711921330023 6933 LEE AVE!'N 2711921330024 6927 LEE AVE N 2711921330025 6921 LEE AVE N:, 2711921330026 6915 LEE AVE N 2711921330027 6907 LEE AVE N 2711921330028 4500 69TH AVE N 2711921330046 4212 69TH AVE N 2711921330047 6912 JUNE AVE N 2711921330048 6918 JUNE AVE N 2711921330049 6932 JUNE AVE N 2711921330050 6938 JUNE AVE N 2711921330051 6944 JUNE AVE N 2711921330052 6945 JUNE AVE N 2711921330053 6935 JUNE AVE N 2711921330054 6927 JUNE AVE N 2711921330056 2711921330057 4300 69TH AVE .N 2711921330058 6900 BROOKLYN BLVD 2711921330059 2711921330060 6912 BROOKLYN BLVD 2711921330061 6938 BROOKLYN BLVD 2711921330062 6944 BROOKLYN BLVD . ............................... . 2711!921330063 6950 BROOKLYN BLVD, 2711921330064 6956 BROOKLYN BLVD .. ............................... 2711921330065 4315 70TH AVE N 2711921330066 4307 70TH AVE N 2711!921330067 7000 BROOKLYN BLVD 2711921330069 7031 HALIFAX AVE N 2711921330080 7022 BROOKLYN BLVD 2711921340008 4208 69TH AVE N 2811921410124 2811921410125 2811921440001 7020 PERRY AVE N p: \depts\ assess \arcview \charts \bb69th.xis 1 BROOKLYN BLVD /69TH AREA 3411921210003 6831 FRANCE AVE N 3411`921210004 4001 69TH AVE N 3411921210005 4101 69TH AVE N 3411921210006 4011 69TH AVE N 3411921210007 3955 69TH AVE N 3411921210008 4215 69TH AVE N 3411921210009 6800 BROOKLYN BLVD 3411921210020 6727 GRIMES AVE N ! 3411921210021 6719 GRIMES AVE N 3411921210022 6715 GRIMES AVE N 3411921210023 6707 GRIMES AVE N 3411921210027 6822 BROOKLYN BLVD 3411921210028 6830 BROOKLYN BLVD I 3411'921210029 4007 69TH AVE N 3411921210030 6700 BROOKLYN BLVD 3411921210031 6810 BROOKLYN BLVD 3411921220007 6848 LEE AVE N 3411921220008 4301 68TH AVE N 3411921220009 6701 BROOKLYN BLVD 3411921220010 4315 68TH AVE N 3411921220011 4321 68TH AVE N 3411921220012 4435 68TH AVE N 3411921220015 6846 BROOKLYN BLVD 3411921220016 6849 BROOKLYN BLVD 3411921220017 6801 BROOKLYN BLVD 1 34119212200181 6837 BROOKLYN BLVD '< p: \depts\ assess \arcview \charts \bb69th.xls 2 Council Meeting Date 10/11/94 ,L City of f Brooklyn Center Agenda Item Number � T Request For Council Consideration • Item D ri i esc pt on: RESOLUTION APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO. 1993 -18 (MTC PARK AND RIDE) Department Approval: Diane Spector, Director H of blic Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve a resolution ratifying the purchase agreements. Summary Explanation: (supporting documentation attached No ) Evergreen Land Services has negotiated a purchase agreement with the property owners at 6527 Brooklyn Boulevard, Charles and Ruth Dennison for $66,500. The agreement with the property owners is for greater than the home's appraised value. It is recommended that the Council approve this negotiated settlement. The City Attorney is working with Evergreen, Conworth, Inc., and Public Services staff to schedule closings, review information, and finalize all details. Previous Council Action The Council on March 14, 1994, approved a resolution which provided for the negotiated purchase of real property for projects 1992 -29 and 1993 -18. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. 0 l� cL Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO. 1993-18 (MTC PARK AND RIDE) WHEREAS, by Resolution No. 93 -105 adopted on June 28, 1993, the City Council ordered the construction of a storm water pond in the southwest quadrant of I94 and Brooklyn Boulevard, Improvement Project No. 1992 -29; and WHEREAS, by Resolution 93 -188 adopted on October 25, 1993, the City Council ordered construction of a Park and Ride Facility on behalf of Metropolitan Transit Commission, on the northwest corner of Brooklyn Boulevard and 65th Avenue North; and WHEREAS, by Resolution No. 94 -53 adopted on March 14, 1994, the City Council authorized the City Manger to negotiate the purchase of these properties, and directed the City Manger to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owners of the property at 6527 Brooklyn Boulevard have agreed to accept a purchase price greater than the amount of the appraisal, and staff recommend the execution of a purchase agreement to that effect. NOW THEREFORE BE IT RESOLVED b the City Council of the City of Brooklyn > Y Y Y n Y Center, Minnesota, that: 1. The terms of the purchase agreements are hereby approved. 2. The City Manager is directed to proceed with the purchase of the property at 6527 Brooklyn Boulevard. a 3. The City Manag and Mayor are authorized to execute the purchase a g Y P Date Todd Paulson, 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 10/24/94 3 City of Brooklyn Center Agenda Item Number Item Description: Request For Council Consideration a AMCORP ADDITION FINAL PLAT Department Approval: Diane Spector, Director oTP41ic Services Manager's Review /Recommendation: No comments to supplement this report (Imments below /attached Recommended City Council Action: Approve the proposed final plat, subject to the listed conditions. • Summary Explanation: (supporting documentation attached Yes ) BIMB, Inc. is requesting final plat approval for the proposed AMCORP ADDITION. This proposed plat involves the subdivision of one parcel located to the south of the Hennepin County Service Center, in the southwest quadrant of Shingle Creek Parkway and John Martin Drive. The City Council approved the preliminary plat of AMCORP ADDITION at its September 26, 1994 meeting. The approval was subject to the following conditions: 1) The final plat is subject to review and approval by the City Engineer. 2) The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3) The existing 50' wide driveway easement and the 30' wide drainage easement shall be continued and be shown on the final plat for" this property. 4) Approval of this plat does not commit the City to a future rezoning of the property or to a site plan and platting. These matters will need to be pursued through the appropriate Planning Commission applications when such plans are finalized. 5) The applicant shall dedicate Outlot A to the City of Brooklyn Center. • Regarding requirement #3, the applicant proposes to dedicate a drainage and utility easement over the entire Outlot A. Since the applicant will be conveying Outlot A to the City, the dedication is not really necessary, as the city could do whatever it wished on its own property. However, dedicating the utility and drainage easement at this time preserves the City's rights on this parcel as a matter of record. Request For Council Consideration Page 2 Regarding the driveway easement, the existing easement is not shown on this plat. The dedication of • the easement from previous action is preserved even though it is not shown here. Its absence is a matter of Hennepin County Surveyor's policy - if the applicant were to show the easement on the final plat, the Hennepin County Surveyor would likely not accept the plat Based on the above, I believe that condition #3 is met, and is no longer required as a condition of final plat approval. With respect to requirement #5, the City's attorney will prepare the deed conveying Outlot A to the City, and this deed will be executed and filed concurrent with filing of the final plat with Hennepin County. I have reviewed the proposed final plat with former City Engineer Mark Maloney, who reviewed the preliminary plat. He believes all his concerns regarding the preliminary plat have been met. I recommend approval of the final plat, subject to the following conditions: 1) The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 2) The applicant shall convey Outlot A to the City of Brooklyn Center immediately following the filing of the plat with Hennepin County. 3) Approval of this plat does not commit the City to a future rezoning of the property or to a site plan and platting. These matters will need to be pursued through the appropriate Planning Commission applications when such plans are finalized. • OCT 11 94 15: MIERILA . 0 - "E _- - '4' s , P 2 V 2 Final F'1,iURLS Ap alicatiorl Nnnc 00 P! Phtt/RLS AMCORR p TIQU Appio- x"'-Ite Addrwss of Propc, -y Shingle Creek Parkwa John Martin `L Apt>ll� ant N -1;nt BIMB, Inc. c/o Greg deck Address _._ 201 Ni col l et Ma l l , Mi nn eapol i s , MN 55402 -�--�- -- - . Phone No _ 341 -4550 En it.e r'Surtr4yiit Merila & Associates, Inc. c/o '1la Grego Address 8401 - 73rd Ave. No., 1=63, Brooklyn Pk:, 'Franc No 533 -7595 (DO NOT WP ITE BELOW THIS LINE) Appii� Fee Paid Approval Date FrcliY Yinaey City Coury ll Approval Date ? �� � J Flnai Council Approval date COIN'F)ITIONS OF FINAL PLAT RELEASE (check :all that apple .111d initl;s} those: met City Atturnr t'�at�Cyl:e41 ApYrt�val I `�/ � f �. Abstract to attortney Cis; >y of plat tc) atty r 9 !�tEi�r " Opiuic�r rcccivG�l '"- ..--- .-- �:� --r- -- �.Onclit:;tiS: Attorney's Fees Rookup Fees 7Z, ,, -e- Agcee,t,errs: Special AssessmentS Oaltr Subdivision ASretment UZ114 Y 110ok -up Agreement Comments: Crows Awcess Agrce;s:rr.# Other (Specify) If L� T �lJ` ) d Plat;i7iag Department when all con -dons are met and plat is tiled) Approved For PcIesse; eascdj -- Date File d: (Revised Ilene, 1992) s \D SI\A illCION AMCORP ADDITION R.T. No. \\ 2ND AUDI Z , R � j I Sti LA Uo r• i � I sJ �' � 1.. , .._. n I 1 \ ,r, \ \\ / • DENOTES WON MONUMENTS 10111D. S • `� a / O DENOTES IRON AIOS SET NITH CAPS STAAwE0 EO RX R.I..S. 14889- ' 4 D \', \ `\ _.. z V BLOCK 1 0 60 120 180 240 ��O \�� Y ( / �. j 4- -� \ fi. •. ``, \ \\ \ �J /^ SCALt NCH 2 N60 FEET Y S 00 °06' 4i N �� If ` \, I -- 788.69 — +yJ224s \\ ^�F�Ft- o ia.o nr ✓ 4 .1 WETLAND -k 41 OUTLOT A .F IV DRAWAGE EASEMENT O`/EN ALL O ODTLOT A. f ('4,1C T B [_.S. Rio. 41 16 X1543 s m z �� 3 z k' �o ma TRACT — N 00 °44' 45" E 1334.89— MERILA w D — R.L.S. NO. 1359 M &ASSOCIATES i . Council Meeting Date 10 -2494 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: PERFORMANCE GUARANTEE REDUCTION Department Approval: Ronald A. Warren, Planning and Zoning Specialist Managers Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) • The following performance guarantee is recommended for City Council consideration: Evangelical Lutheran Church of the Master 1200 69th Avenue North Planning Commission Application No. 94003 Amount of Guarantee - $37,000 (Letter of Credit) Obligor - Corporation of Evangelical Church of the Master All site improvements and landscaping related to the parking lot expansion of the church h a ve been completed with the exception of a portion of the screen fence along the north side of the parking lot providing screening of that parking lot from the apartment building to the north. The church is proceeding with a Planned Unit Development proposal to incorporate that apartment building into a church use (Planning Commission Application No. 94009) which would not necessitate the need for the parking lot screening. Other items that need to be addressed include: concrete islands in the parking lot need to be filled with concrete or landscape material; removal of debris left from the house /garage removal; backfill, topsoil and sod needs to be completed along the north side of the expanded parking lot; removal of broken wood post along 69th Avenue by the easterly driveway; seed or sod the 69th Avenue boulevard area as needed; and clean out catch basin in 69th Avenue boulevard area and sod around it. Recommended City Council Action: • Recommend reduction in the amount of the performance guarantee to $5,000 until next spring so that the above items are addressed and to assure the viability of the landscape improvements. Council Meeting Date 10/24/94 31 City of Brooklyn Center Agenda Item Numbe is Request For Council Consideration Item Description: Licenses 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 list of licenses. Summary Explanation: (supporting documentation attached No ) ® CHRISTMAS TREE A S LES LOT P.Q.T. Company 5801 Xerxes Ave. N. • 44 P.Q.T. Company 5040 Brooklyn Blvd. XJ City Clerk )VC MECHANICAL SYSTEMS Knott Mechanical Service Company 5941 142nd Ave. NW Maple Grove Heating and A/C 401 County Road 81 ( -• a • G�� Building Official AJ(_ RENTAL DWELLINGS Renewal: Town's Edge Properties Brookhaven Apartments Mrs. Delbert Bruce 4741 Twin Lake Ave. N. Q� Eugene Hess 3218 63rd Ave. N. 1 •• Director of Community Development • Council Meeting Date 10/24/94 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: Licenses 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 list of licenses. Summary Explanation: (supporting documentation attached No ) CHRISTMAS TREE SALES LOT P.Q.T. Company 5801 Xerxes Ave. N. P.Q.T. Company 5040 Brooklyn Blvd. City Clerk �. MECHANICAL SYSTEMS Knott Mechanical Service Company 5941 142nd Ave. NW Maple Grove Heating and A/C 401 County Road 81 u Building Official W- RENTAL DWELLINGS Renewal: Town's Edge Properties Brookhaven Apartments Mrs. Delbert Bruce 4741 Twin Lake Ave. N. i I Eugene Hess 3218 63rd Ave. N. �y Director of A.U- Community Development SIGN HANGER Elect ri c S12' n and ; L:ghtu g _ < 113 8 Zane Ave N Building Official AIV-