Loading...
HomeMy WebLinkAbout1993 11-08 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 8, 1993 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -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 18, 1993 - Special Work Session b. October 25, 1993 - Regular Session 8. Presentation: a. League of Minnesota Human Rights Commissions' Certificate of Appreciation Presented by Brooklyn Center Human Rights and Resources Commission 9. Mayoral Appointment: a. Park and Recreation Commission 10. Proclamation: a. Declaring the Week of November 12 -19, 1993, as Minnesota Chemical Health Week 11. Planning Commission Items: a. Planning Commission Application No. 93011 submitted by Brook Chrysler Plymouth. Request to rezone the Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulevard and the property immediately to the south at 6107 Brooklyn Boulevard to PUD /C2 and to approve a planned unit development proposal for an expansion of the car dealership. This application was recommended for approval by the Planning Commission at its October 28, 1993, meeting. 1. Resolution Amending City Council Resolution No. 82 -255 (Comprehensive Plan) Relative to Certain Land Located Along Brooklyn Boulevard CITY COUNCIL AGENDA -2- November 8, 1993 2. Resolution Regarding the Disposition of Planning Commission Application No. 93011 submitted by Brookdale Chrysler Plymouth 3. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land b. Planning Commission Application No. 93014 submitted by Brookdale Chrysler Plymouth. Request for preliminary plat approval to combine the Brookdale Chrysler Plymouth property immediately to the south at 6107 Brooklyn Boulevard into a single parcel. This application was recommended for approval by the Planning Commission at its October 28, 1993, meeting. 12. Ordinance: a. An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered Land Survey No. 546 (This vacation of this easement is in conjunction with the relocation of public utilities near Omni Tool, 3500 48th Avenue North) -This ordinance is recommended for a first reading this evening. 13. Discussion Items: a. Follow -up Report Re: Clear View Triangle at 5120 East Twin Lake Boulevard b. Tree City USA Application c. 65th Avenue /Fair Oaks School Traffic d. RFP for Civil Law Services e. Consideration of Brooklyn Center Membership in Five City Community Housing Development Organization (CHDO) 1. Resolution Authorizing the City of Brooklyn Center's Membership in the CO- OP Northwest Community Housing Development Organization (CHDO) Also Known as the CO -OP Northwest Comunity Revitalization Corporation f. Capital Improvements Fund Expenditure Policy 14. Resolutions: * a. Amending Resolution No. 91 -153 Regarding the Communications Task Force -This is a housekeeping change reflecting Councilmember Rosene's correction made at the October 25, 1993, city council meeting. * b. Expressing Recognition and Appreciation of Nicholas Eoloff for His Dedicated Public Service on the Housing Commission CITY COUNCIL AGENDA -3- November 8, 1993 * c. Expressing Recognition and Appreciation reciation of Pamela Frantum for Her Dedicated P g g Public Service on the Housing Commission * d. Expressing Recognition and Appreciation reciation of Charles Rickart for His Dedicated P g g Public Service on the Park and Recreation Commission * e. Accepting Proposals for Professional Services Relating to Improvements to Central Garage, Improvement Project No. 1993 -19 * f. Accepting Work Performed and Approving Final Payment for Contract 1993 -C, Replacement of Water Mains on Lawrence Road and Aldrich Court, Improvement Project No. 1993 -07, and Sanitary Sewer Repair (5 Locations), Improvement Project No. 1993 -16 • g. Establishing Improvement Project No. 1993 -24, Well No. 6 Maintenance, and Improvement Project No. 1993 -26, Well No. 8 Maintenance, Contract 1993 -J, Approving Plans and Specifications, and Authorizing Advertisement for Bids • h. Calling for a Public Hearing on Proposed Issuance of Revenue Bonds to Finance a Program under Minnesota Statutes, Chapter 462C for the Acquisition and Rehabilitation of a Multifamily Housing Development * i. Amending the Schedule for False Alarm Fees * j. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST. 11/08/93) 15. Consideration of Specified License: * a. Class F and Sunday On -Sale Intoxicating Liquor License to D'Amico Catering, Inc., DBA D'Amico Catering at Earle Brown Heritage Center * 16. Licenses 17. Adjournment L CITY OF BROOKLYN CENTER Council Meeting Date November 8.1993 Agenda Item Numbcr -7a, b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES - OCTOBER 18, 1993 - SPECIAL WORK SESSION CITY COUNCIL MINUTES - OCTOBER 25, 1993 - REGULAR SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk ***************************** * * * * * * *s * *sss * *s * * * * * * * * * * * * * ** * * *srs ** * * * * *x ** MANAGER'S REVIEW/RECOnUVIENDATION: , No comments to supplement this report Comments below /attached SLUM4ARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN "1 COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL, WORK SESSION OCTOBER 18, 1993 CITY HALL COUNCIL CHAMBERS CALL TQ QRUER The Brooklyn Center City Council met in special work session and was called to order by Mayor Todd Paulson at 7;00 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, David Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Finance Charlie Hansen, and Council Secretary Debbie Wolfe. Councilmember Kalligher questioned the Council's viewpoints regarding the Commission appointments which will be discussed at the next City Council Meeting. She stated she would like to see all commissioners appointed by the end of the year so their terms would begin effective January 1, 1994, She requested staff to prepare a list of potential commission candidates and ed st the timeframe from November vember 1 -30 1993 be used to run the su a a newspaper advertisement for interested candidates and also to give the staff an opportunity to determine which existing commission members were interested in serving another term. She indicated she would like the Council to make their selection for commission members at the first or second regular City Council Meeting in December. Mayor Paulson suggested he and the City Manager review the names of commission members who are up for terms and bring for discussion at the next City Council meeting. Councilmember Kalligher suggested existing commission members who are interested in another term should not have to fill out an application but their attendance at commission meetings should be reviewed. Councilmember Rosene stated commission members currently requesting another term should receive consideration but they should not be automatically given another term. The most qualified persons should be appointed to the commissions. 10/18/93 - 1 - Councilmember Kalligher stated she has been approached by some commission members stating they are the wrong sex or happen to live in the wrong neighborhood and fear they won't be reappointed because of it, Councilmember Scott stated she has heard similar comments and some are concerned about being on the commission for a number of years. She suggested since the Council liaison is aware of which commission members have been active on the commission, a recommendation should come from the liaison. Councilmember Kalligher questioned the Council whether it would be appropriate to get a report from each commission. Councilmember Scott suggested each commission Chair and liaison be asked which members should be reappointed. Councilmember Mann stated she is aware that some commission members are seniors who tend to go south for the winter and are not active during those months. She suggested those members could be told there are other applicants willing to serve 12 months a year for the commission on a full -time basis. Councilmember Kalligher reiterated she wants the terms to all begin in January. Mayor Paulson directed staff to prepare the advertisement for applicants and prepare a list of existing commission members willing to reapply. Councilmember Scott added she would like the attendance information also provided for Council consideration. Councilmember Mann stated if a current commission member is doing a good job on the commission that member should be able to serve another term. Councilmember Rosene stated if a current commission member is doing a good job that should outweigh sex and geographic location. The City Manager stated he will prepare for Council review the list but the attendance records may take a Iittle longer since each commission would need to be contacted. PRESENTATION BY STAFF QF 1994 FRQP4SED B[�, GET The City Manager reviewed the major factors influencing the 1994 budget: 1. The general fund portion of the proposed 1994 budget increases $476,567 (4.50 %). Capital outlay requests appear to decline, but this is deceiving. Vehicle purchases are now going to be made from the Central Garage internal service fund. When vehicles are considered, total capital outlay is increasing. Many of the capital outlays will 1.0/18/93 -2 0 t result in productivity improvements. The budget calls for the addition of two police officers during the 1994 year, one starting on January 1, 1994, and the other on July 1, 1994. It also calls for the addition of one dispatcher, starting on May 1, 1994 raising the complement of police dispatchers from six to seven. These positions, funded for part of the year 1994, will cause a further budget increase in 1995 when they will have to be funded for the full year. Comparing to budget year 1985, the number of sworn officers has risen from 29 to 42, a 45 %a increase. Officers dedicated exclusively to patrol have risen from 14 to 22, a 57% increase, In the same period, the number of civilian employees (dispatchers, secretaries, code enforcement, & administrative) has risen from 12 to 15, a 25% increase. A full -time Fire Chief was added in 1988 to enhance that area of Public Safety, During the same 10 years, the number of non public safety, full -time employees has decreased from 71 to 69. 2. The 1994 proposed budget reflects the auditor's recommendation of establishing a Central Uarage internal service fund. There are changes in the individual departmental budgets because of this implementation as there will be charges totaling $888,069 for vehicle maintenance and depreciation now showing up in department budgets, and there will be no separate vehicle maintenance department in the General Fund budget. 3. In 1994 there is a significant increase in the elections budget because of costs incurred by the general election occurring in 1994 ($20,000). 4. This year proposed is to initiate the use of an estimated 2% uncollectible allowance for property taxes. This is intended to finance any anticipated shortfall in property tax collections, which is estimated to be $115,019. 5. Lodging tax revenues are estimated to decrease in 1994. In 1993, a reduction in revenue was experienced due to the loss of tax receipts from Park Inn International, and this is anticipated to continue into 1994, 6. Liquor license revenue for 1994 is projected at $13,200 less because of the fact that in 1993 the Park Inn did not renew its liquor license and renewal is not anticipated in 1994. 7. In 1993, revenues for recreation were estimated largely due to the water slide revenue, at too high a level. Those revenues have been adjusted down $131,003 and expenditures were also reduced a significant amount, as the expenditures in 1993 tar the water slide were also estimated at too high a level. 10/18/93 - 3 - 8. Fines and forfeitures are declining 28% from the 1993 estimates. This is a continuation of a four -year trend toward lower court fine revenue. Revenues had been stable at the new projected rate for about eighteen months, so the bottom of the trend may have been hit, but it does represent a $56,000 decrease from 1993 budget estimates. 9. Interest income for the General Fund will decline from the $210,000 estimated for 1993 to $170,000 estimated for 1994. This is happening because $750,004 is to be transferred from the General Fund to the Central Garage Fund to cover past depreciation on the vehicles the Central Garage will now be responsible for. Future interest earnings on the $750,000 will be credited to the Central Garage Fund, instead of the General Fund, and will help to cover the inflation in new vehicle prices. 10. The overtime appropriation in the streets department has been increased from the 1993 level of $1U,0UU by $6,000. As a part of the prioritization process, the Council asked overtime to be cut in a number of different areas and evaluate the impact of cutting that overtime, In 1992, $20,040 was budgeted for street dcpartment overtime and in 1993 it was cut to $10,000. In 1994 staff is recommending an increase in that appropriation to $16,444 as it is believed that remaining at the $10,000 level would severely impact the snow plowing service level if there are more frequent snow events on weekends, The $16,000 appropriation proposed in 1994 is believed to cover a more average number of weekend snow plowing events. 11. In the arks department budget proposed is the purchase of a lb -foot P P 8 P P P ($63,00{}) rotary mower for the parks system. The mower would replace two 72 -Inch mowers and dramatically increase the efficiency of the mowing operation. It now takes, under normal weather conditions, five full days to complete the mowing cycle. Replacing the two existing 72 -inch mowers with the larger unit would reduce the mowing time to four days. The two mowers to be replaced are currently due for replacement and their replacement costs would be $24,000. The new larger mower, while costing approximately $40,000 more, is significantly more efficient. The parks personnel have evaluated this new mower based on the experience of neighboring communities who currently own similar models. This acquisition would allow for one seasonal worker to be reassigned from mowing duties and free up other full- and part -time personnel which would replace the need for adding an additional full -time park personnel, The park department is currently falling behind in its maintenance of parks and facilities, and the addition of this piece of equipment will allow additional personnel hours to fill in that shortfall. 12. One initiative taken to mitigate the impact of the proposed budget is to transfer $240,004 from the Refunding Bonds of 1387 debt service fund to the Certificates of Indebtedness debt service fund at the end of 1993. This transfer will allow the City to pay off the remaining $160,000 balance of the Certificates of Indebtedness and the 10/18/93 4 - remaining $80,000 balance of the Certificates of Indebtedness of 1993. In the absence of this move, it would be, necessary to make principle and interest payments of $172,800 on the Certificates of Indebtedness of 1992 and principle and interest payments of $46,400 on the Certificates of Indebtedness of 1993, during the 1994 budget year, This would have further increased the 1994 tax levy by $219,200 and greatly aggravated the tax impact on property owners. The Refunding Bonds of 1987 debt service fund has a surplus in it because it is a special assessment fund. Prepayments on the special assessments have been invested over the years and earned more interest income than was anticipated. 13. The tax impact of the proposed 1994 budget will be magnified on single family homes in Brooklyn Center due to the shrinking of the commercial and industrial tax base from its 1993 levels. The City Assessor indicates that the 450% increase in the general fund budget will result in a $31.47 annual (17.2 %) increase in the taxes on a $73,004 Brooklyn Center home. A significant portion of this increase is due to a shift in taxes from the commercial and industrial properties to homesteaded properties because of the loss of value in the commercial /industrial areas. The homestead residential property values have been stable and increased slightly. This is a phenomena which is impacting virtually all communities in the metropolitan area. The City Manager continued by reviewing the 1994 Proposed Budget for each City Department. i Cou ncil = U Cou � There are slight increases in the proposed city council budget. The increase in operating supplies reflects the inclusion of community service awards as recommended by the human rights and resources commission. Professional services include funding for another joint meeting of the council and advisory commissions. The City Manager reviewed the Proposed Dues and Subscriptions. League of Minnesota Cities $13 Association of Metropolitan Musucipalitics 6,900 LMC Labor Relations Consulting Service Program 4,000 U.S. Conference of Mayors 111350 Minnesota Mayors Association 20 North Metro Mayors Association 9 Minnesota Women Elected Officials 30 National League of Cities 1,300 Total $36,600 Mayor Paulson questioned the reason for belonging to the League of Minnesota Cities and asked if the insurance can be obtained it not belonging. The City Manager respo nd c ci it is a definite cost savings to belong to the organization. 10/18/93 -5 - Councilmember Kalligher asked what the $9,000 to belong to the North Metro Mayors Association included. The City Manager stated this covers lobbying efforts for the City. Councilmember Rosene stated he would like to have a discussion about Mayor and Councilmember's salaries at some point prior to approval of the final budget. Commissions = Unit 112 The City Manager stated the Charter Commission is charged with the responsibility of periodically reviewing the City Charter and recommending changes as it may deem necessary. The other commissions serve as appointed advisory bodies to the City Council. The statutory amount of $1,500 is recommended for the 1994 charter commission budget. The remaining request of $8,0W is for professional services to be proposed by the human rights and resources commission for diversity issues and training. Councilmember Kalligher questioned whether the proposal for the $8,000 will be reviewed by the Council, and the City Manager stated it will come before the Council for final approval. Cily Manager's Office = Unit 113 The City's Manager's Office provides the gcncral administrative services required for the management of City Affairs. Activities include, but are not limited to, preparation of agendas, minutes, and other types of information desired by the City Council, central purchasing, personnel administration, processing of inquiries and complaints received from 0 the public, and overall management of City operations. There are a number of proposed changes in the requested 1994 budget for the city manager's office. Decreases are seen in operating supplies and legal notices to reflect actual expenditures. Increases are seen in several areas. Professional services includes a small amount for consulting fees for issues related to the Americans with Disabilities Act (ADA). Medical services increased with the addition of VDT eyewear, a benefit already offered to employees. A rise in employment advertising reflects the greater role of the city manager's office in recruiting personnel at various levels throughout the City. Dues and subscriptions increased slightly due to inflation and to accommodate a request from the communications coordinator for a publication. There is a request to increase the part -time communications coordinator's hours from 20 to 25 hours per week. This would maintain the same work day hours, but allow attendance at evening meetings or other activities during regularly unscheduled time. 10/18/93 -6 - Mayor Paulson stated he would like to see the position description and evaluation for the part -time communications coordinator. Councilmember Mann questioned the Central Garage Rentals and the Personnel Coordinator being part of the City Manager's budget. The City Manager responded the Personnel Coordinator is due for a step increase next year and is proposed to also receive the 1,75 salary increase. The City Manager added currently the State has frozen salaries but step increases are stilt given to those employees due for them. In lieu of salary increases benefit increases were given to employees. Councilmember Kalligher requested staff to find out exactly what the State employees were given and determine the Cost of providing similar benefit increases to City employer's. The City Manager stated in negotiations with the public works employees union, they have requested the same package the state employees were given. The City Manager added the d be package. value he increase benefit State did not ever give a dollar to p g Councilmember Kalligher requested staff to report as to when the Personnel Coordinator last received a step increase. The City Manager stated he believes it was 1 year ago but will check and report back to the Council his findings. Elections and Voter's Registration = Unit 114 The City registers all new voters, processes transfers and deletions, and cooperates with Hennepin County to provide an accurate computerized listing of eligible registered voters in the City of Brooklyn Center. As of September 28, 1993, there were 17,051 voters in the City. Section 4.01 of the Brooklyn Center City Charter provides for regular municipal elections to be held in even - numbered years only. The 1994 Elections and Voter's Registration budget provides for the cost of personnel, training, supplies, postage, building rentals, maintenance agreements, and printing required to conduct one primary and one general election. It also provides for costs incurred from the registration of new voters and the maintenance of voter records. One third of the administrative assistant/deputy city clerk's and administration/elections secretary's salaries and fringe benefits have been allocated to the Elections and Voter's Registration function, Assessing = Unit 115 Assessing values and classifies each parcel as of January 2nd of each year for property tax purposes. Additionally this department maintains the Property Data System (PDS) database on all real property within the City. This database is utilized by other departments within 40 10/18/93 - 7 - the City. Assessing is also responsible for administration of special assessments and provides valuation consulting services to other City departments. The City Manager stated the budget for the assessing department is the same as in 1993 with the exception of the addition of the central garage rental amount. The largest program of the Assessing Department continues to be residential appraisal, as it accounts for forty-six percent (46 %) of the budget and affects the majority of property owners. However, we will continue in 1994 to devote more resources to appeals and attempt to reduce both time and dollars spent on residential appraisal. The trend of rising tax rates and corresponding increases in the level of appeals continues. In 1992, there were approximately 90 appeals involving forty -four percent (44 %) of all taxes paid in the City. In 1993, approximately 100 appeals were filed involving fifty percent (50 %) of all taxes paid. Residential property contributes only approximately twenty -seven percent (275o) of all taxes paid in the City. Ideally, the residential component of our budget should more closely reflect the revenue percentage, and correspondingly, we should be devoting more of the budget to non - residential properties. In order to respond to these appeals, the City is implementing new hand -held computers in the residential reinspcction program to increase productivity. The hours saved will be reassigned to appeals. Additionally, Assessing continues to cooperate with other jurisdictions on appeals in order to minimize the fiscal impact. The trend shows no sign of abating in the future. Assessing has submitted a budget that attempts to address the expected workload with minimal increase in cost. For 1994, this unit's budget is presented* in a program format. The City Manager noted the adjustable workstations for the Assessing Department have been eliminated from the budget since they will be part of the capital aamation money. Finance _= Unites The Department of Finance provides accounting and internal auditing services for all financial activities of the City. A system of fund accounting is maintained in which each fund is a complete set of records balancing within itself. In addition to the General Fund, which is the primary operating fund of the City, the Finance Department presently accounts for the financial activities of the Special Revenue funds, Capital Projects funds, Debt Service funds, Enterprise funds, Internal Service funds, and the Economic Development Authority (EDA). The Finance Department is also responsible for payroll, some personnel record maintenance, and public utilities customer billing. Services which are performed for the Liquor stores, Golf course, public utilities, and EDA are reimbursed by those funds to the General Fund. The 1994 proposed Finance Department budget anticipates continuing the current staff levels. This staff level has been maintained even though the department assumed, in 1991, the additional responsibility of accounting for the Earle Brown Heritage Center, 46 10/18/93 - 8 - In late 1991, the Department began implementing a new LOGIS financial accounting system known as IFAS. Brooklyn Center was one of the first two LOGIS cities to go up on IFAS. In 1992, phase I was completed, which duplicated the functions of the previous financial system. Phase II, which will provide many enhancements, is underway. These enhancements are key to our ability to transition to the new program budget that the City Council has established as an objective for the coming year. The Department is now working to set up the accounting procedures for the new Central Garage internal service fund. This fund will provide better information on the cost of each city vehicle, and departments' use of vehicles, than has been available before. This also is critical to the success of the upcoming program budget. In 1994, the Department will implement the new LOGIS utility billing system. This will produce hills that look similar to a NSP or Minnegasco bill. The system will have far more flexibility to handle variations from the routine billing situations. Mayor Paulson questioned when an employee starts a new position how is the starting salary determined. The City Manager responded it is a result of negotiation based on qualifications. The City Manager added he has the authority to move City employees within the 1 or 2 range but the City Council must approve any move into the 3rd range. City employees can be moved by the City Manager into A,B,C, step progression but a move into D or E step needs Council approval. Mayor Paulson questioned whether the City Council can change a policy regarding an increase for a particular person. The City Manager responded the Council call require a salary freeze for all step increases on non -union jobs. Mayor Paulson asked if all non -union employees salaries can be frozen. The City Manager stated yes but if done the employees would most likely form a union. Councilmember Kalligher requested staff research the cost impact if a salary freeze were to be done across the board. The City Manager stated he can cost out the "State Package" for all city employees and will do so for Council review. Councilmember Scott added employees are still entitled to their step increases even if their salary is frozen. The City Manager stated generally there are 3 -4 employees who do not receive salary increases every year. Mayor Paulson stated it would be nice if the salary program could be made easier. He fears if a resident were to request a copy of the budget they would not understand the system and may believe employees are being paid more than they are. The Council agreed and staff was directed to develop an easier to understand program using the same starting and ending salary amounts. 10/18/93 -9- Councilmember Rosene stated it would be nice to communicate to residents that very few city employees are paid at the high end of their salary range. Audit -'Unit 117 This appropriation provides the necessary funds to pay the costs of the annual independent audit of the City's financial records and accounts. The 1994 Independent Audit budget reflects the cost of the annual audit of the preceding year. The 1994 appropriation anticipates the same level of service as 1993 with a moderate increase in cost. The General Fund appropriation equals 70 % of the total cost. The balance is paid by the Liquor, Golf Course, Water, Sanitary Sewer, and Earle Brown Heritage Center Funds. The Director of Finance reported six years ago the City committed to a three -year contract with DeIoitte and Touche. That contract was renewed three years ago. The Council needs to decide whether to again renew the contract or issue a RFP. Councilmember Kalligher questioned if the City were to change auditors would there be an impact on Cliff Hoffman and the Central Garage. The Director of Financ c stated t hero would be no impact as another auditor would most likely recommend the same idea of a Central Garage. Deloitte and Touche requested a 2% increase this year with COLA in the future. Councilmember Rosene stated he noticed Deloitte and Touche are auditors for many businesses and questioned whether they are considered the "top of the heap ". Councilmember Kalligher responded no, they are well known but others would be considered the "top of the heap ". The Finance Director stated the advantages to using a Touche are the and Tou larger firm such as Deloitte a Y have many specialists that can be brought g in on special issues and have better name recognition with bond rating firms such as Moody's Investors Service. Councilmcmber Kalligher stated she would like to see what other firms would charge. Councilmember Scott requested the information from the last RFP be provided for Council review. Councilmember Mann asked if a RFP is issued, does the Council have to accept the lowest bidder. Mayor Paulson asked staff if it would be possible to do the RFP this year along with the other RFD's staff is working on. The City Manager recommended the Council consider keeping Deloitte and Touche for the 1994 audit and in June 1994 send out t aR FP for he 1995 audit. Legal - [1 it 1113 The City Attorney acts as legal counsel to the City Council and to the administrative staff and represents the City in court actions, both civil and criminal. The City retaina a legal firm on a fee basis to perform the functions of the City Attorney. 10/18/93 - 10 - R The total legal counsel budget remains at the same level as 1993. Prosecution services, civil matters, and the retainer will stay unchanged. the rctainer Councilmember Kalligher stated she would like ti o nde brie Council with a sam one includes. lie City Manager responded he will p r month bill and noted the cost is based on an hourly rate. Governm Buildings = Unit 119 This unit provides for the upkeep and maintenance of all City buildings and provides for the payment of those installments of special assessments levied against City property. The 1994 Government Buildings operating budget proposal includes modest increases for inflation. No major program changes are proposed. Capital outlay requests have been proposed as either funded from the general fund budget or from the capital projects fund. Major general items uselof installation of the a pool ozonation system to improve water q ualit y and reduce Community Center pool and replacement of the pool filter disks. Items brought forward in the budget but recommended to be funded from the Capital Improvement Fund include: replacement of carpet throughout the Community C.entcr, renovation of the Community Center wading pool, replacement of the roof on City Hall, and several projects related to the Americans with Disabilities Act (ADA) implementation plan. ADA items include renovation of restrooms on the upper and lower levels of the Community Center; construction of a family restroom in the upper level of City Hall; construction of a family changing room in the Community Center pool area; upgrading fire alarm systems in all city buildings to provide a visual as well as audio alarm; and other items for which no cost estimate is yet available. Data ProceSSing =Unit 120 Councilmembcr Mann questioned whether training was provided with the purchase of new software. The City Manager stated no training is provided with the purchase but some support is. A discussion was held regarding the Conti continued do be used as it is the�most cost efLecti c Staff recommended that LOGS b means for accounting. The increase in training from $700 in 1993 to $ 10, 000 in 1994 was questioned. The Finance a has devel Director responded that as the use of PCs has expanded rapidly, a gap P between the skill levels currently possessed by employees and what they ideally should be to fully utilize the equipment. It is expected to take two years at this training level to close the gap. 10/18/93 A�JOURNME T There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council worksession adjourned at 9:45 p.m. A continuation of the worksession will be scheduled to continue discussion of the department budgets. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Debbie Wolfc TimeSavor Off Site Secretarial 10/18/93 - 12 - 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 25, 1993 CITY HALL CALF., TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Dave Rosene, Barb Kalligher, and Kristen Mann. Councilmember Celia Scott was excused from tonight's meeting. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Gcralyn Barone, and Council Secretary Carla Wirth. OPENING CEREMONIES Dean NyyuiSt offered the invocation and announced an upcoming event which will focus on the needs of today's youth, OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson reported on a conversation he had with the Crown Prince of Toga who is interested in establishing a Sister City Program between his country and Brooklyn Center. He stated he provided this information to the City Manager for his recommendation. APPROVAL OF AGENDA AND CQNSF -NT AGENDA Mayor Paulson inquired if any Councilmember requested any items be rcmvved from the consent agenda. No requests were made There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the October 25, 1993, agenda and consent agenda as printed. The motion pas..cd unanimously, 10/25/93 - 1 - APPROVAL OF MINUTES OCTOBER 4,199 - REGULAR SESSION There was a motion by Councilmember Kalli her and seconded b y Councilmember Mann to approve the minutes of October 4, 1993, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLI TTIQN NO, 93 -181 Mcmbcr Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO, 93-182 Men Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR THE PURCHASE OF TWO ERGONOMICALLY DESIGNED CHAIRS The motion for the adoption of the foregoing resolution was duly seconded by member* Kristen Mann, and the motion passed unanimously, RESOLUTION NO, 93 -183 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR IMPROVEMENT PROJECT NO. 1993 -25, STORM SEWER REPAIRS AT 69TH AVENUE NORTH AND JAMES AVENUE NORTH, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO, 93 -184 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT UNDER CONTRACT 1991 -I, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE NORTH SOIL CORRECTIONS, PHASE I The motion for the adoption of the foregoing resolution was duly seconded by membe Kristen Mann, and the motion passed unanimously. 10/25/93 - 2 - RESOLUTION NO. 93 -185 Member Barg Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT UNDER CONTRACT 1992 -R, IMPROVEMENNl' PROJECT NO. 1990 -10, 69TH AVENUE NORTH RECONSTRUCTION, PHASE II The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. EESOLUTION NO, 93 -186 Mcinbcr Barb Kalligher introduccd the following resolution and moved its adoption: RESOLUTION APPROVING REVISED COST ESTIMATES, IMPROVEMENT PROJECT NO, 1990 -10, 69TH AVENUE CONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO, 93 -187 Member Barb Kalligher introduced the following resolution and moved its adoption: 0 RESOLUTION ACCEPTING PROPOSAL TO CONDUCT TOPOGRAPHIC SURVEY OF 73RD AVENUE NORTH, PROPOSED IMPROVEMENT YKOJECT NO. 1994-07 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSE There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the following list of licenses: MECHANIC SYSTEMS Condon Tutal C inifort, Inc. 11 Blackburn St., Box 104 Cronstrom's Heating and A/C 7201 West Lake Street Deans Heating & A/C 2597 309th Avenue NW RENTAL DWELLINGS Initial: White Pine Management 6501 Brooklyn Boulevard Charles W. Adams 5315 Dupont Avenue N. Timothy C. Damberger 2118 Ericon Drive Orval and Marya 1 - Iage 7215 Girard Avenue N. 0 10/25/93 .3 - Renewal: Thomas B. Egan 4239 -41 Drew Avenue N. Melvin and Mildred Jampsa 5619 Hillsview Road Robert Messersmith 5338 Queen Avenue N. Byron and Nancy Mach 4708 -12 Twin Lake Avenue N. Paula H. Brodin 1600 55th Avenuc N. The motion passed unanimously. APPROVAL OF MINUTES - CONTINUEU QCT BER 12 1993 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by C.ounciluiernber Roscnc to approve the minutes of October 12, 1993, regular session as printed. The motion passed unanimously with Councilmember Kalligher abstaining. PRESENTATION - STATE REPRESENTATIVE PH- L CARRUTHERS Representative Phil Carruthers, who had just been elected majority leader of the DFL. Caucus in the House, expressed his appreciation to the Council and City staff for their support. He commented representatives from the northern suburbs are obtaining more seniority in the House which will allow them appointment to key committees and the ability to work together to aggressively solve issues being faced by these suburbs. He encouraged Councilmembers, staff, and residents to contact him if they have concerns or suggestions on how he can do a better job at the Legislature. He added they are currently preparing thie agenda for the next legislative session and would appreciate input from Brooklyn Center residents. In response to Councilmember Rosene's suggestion, Representative Carruthers stated he would appreciate it if callers would identify themselves by providing their address and telephone number. He also stated it is his first and foremost responsibility to represent residents of Brooklyn Center and Brooklyn Park. MAYORAL APPOINTMENTS Financial Commission and Northwest Hennevin Human Services Council Advisory Commission Mayer Paulson stated he would like to appoint Lawrence Peterson to the Financial Commission and Beverly Lawrence to the Northwest Hennepin Human Services Council Advisory Commission. Councilmember Mann commented both suggested appointees will be wonderful additions to the Commissions. 14/25/93 -4 - There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to confirm the appointments of Lawrence Peterson, 5830 June Avenue N. (West Central Neighborhood) to the Financial Commission and Beverly Lawrence, 3300 Poe Road (Central Neighborhood) to the Northwest Hennepin Human Services Council Advisory Commission. The motion passed unanimously, Discussion of Reappointments for Advisory Commissions The City Manager stated based on a discussion at a recent work session, staff prepared a report on advisory commission membership and attendance at meetings. He pointed out the Planning Commission was inadvertently omitted and will be provided for Council's review. Councilmember Kalligher suggested the Council determine the basis that will be used when g � filling vacancies. She also suggested vacancies be advertised immediately so appointments can be made at the first meeting in December and members take their seat January Ist. She stated Council should consider vacancies when making appointments and also whether the resident travels during the winter and thus is unavailable to attend three to four months out of the year, She asked if residents currently serving on Commissions should be asked to reapply or simply give a verbal indication if they want to be considered for reappointment. Councilmember Mann concurred with making appointments by the first of the year. She stated she does not feel it is appropriate to require current appointees to make formal application and suggested they be allowed to make a verbal indication if they want to be considered for reappointment, She asserted geographical and gender balance on commissions is a goal to strive for but the Council also needs to consider members who have served, attendance, ctc. Councilmember Rosene stated Mayor Paulson will have this type of information to consider when making appointments He further stated some residents have served on a coinjuission for a long time, and he felt it would be asking a lot it they are required to submit an application the same as someone who has never been appointed. He added he would be reluctant to ask current appointees to do so; however, it would be helpful if the Council had some information regarding their views and accomplishments to compare with other candidates. He stated while accumulated seniority is a consideration, he does not want anyone to assume reappointment is automatic. Mayor Paulson stated he will consider applicants for appointment only after proper notice has been given to the public and time allowed for everyone interested to make application. He added he will allow current commissioners to determine whether they want to submit an application or indicate their interest verbally, noting it would be in their favor to submit an application. Councilmember Kalligher commented several commissioners have indicated concern they may not live in the right geographical area or be of the needed gender. She indicated 10/25/93 -5 - support for allowing reappointment if the commissioner is doing a good job, regardless of location or gender. Mayor Paulson agreed and stated the more applicants submitted, the deeper the pool to draw from, There was a motion by Councilmember Rosene and seconded by Councilmember Mann to direct staff and Council liaisons to inform each commission the first preference for appointment will be who is the most qualified and issues such as gender and geographic balance will be considered secondarily, and to direct staff to proceed with advertising these vacancies and inform existing commissioners they can either submit an application or indicate verbally if they are interested in reappointment. The motion passed unanimously. The City Manager stated staff will also notify previous applicants of the vacancies. Communications Task Force The City Manager cxpluined the current notification policy for appointment of members does not apply to Task Force appointments. He requested Council direction on how vacancies on the communications task force will be filled. It was noted three vacancies exist on this task force. Councilmember Rosene supported using a similar publication process for filling task force vacancies as is used for advisory commission vacancies. In response to Councilmember Rosene, the City Manager explained he usually delegates the staff liaison position to the communications task force. Mayor Paulson and Councilmember Mann indicated support for using the committee notification and appointment process, Council consensus was reached to direct staff to advertise the three communications task force vacancies. ORL)INANCE The City Manager introduced the Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252. He stated this ordinance was first read on September 27, 1993, published in the City's official newspaper on October 6, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All 10/25193 -6- Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252 at 7:32 p.m. He inquired it there was anyone present who wished to address the Council, Because no one appeared to address this item, Mayor Paulson entertained a motion to close the public hearing. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 7;32 p.m. The motion passed unanimously. ORDINANCE NO, 93 -12 Member Barb Kallighcr introduced the following ordinance and moved its adoption: AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO, 93012, RYAN OLDS The City Manager reported Planning Commission Application No. 93012 submitted by Ryan Olds is a request for site and building and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard. This application was recommended for approval by the Planning Commission at its October 14, 1993, meeting. The Planning and Zoning Specialist reviewed the staff report and Planning Commission discussion regarding this item. He reported the Planning Commission did find the site is deficient in landscaping; however, they recommend additional landscaping not be required at this time because of the Brooklyn Boulevard enhancement study which is currently in progress. He added the Planning Commission does recommend the applicant be required to submit a landscaping plan which meets the City's point system within a twelve month period of time. The Planning and Zoning Specialist reported the Planning Commission also recommends the site performance agreement requirement be eliminated if no site improvements are required by the Watershed Commission. He agreed with Councilmember Rosene's suggestion that condition #3 be revised to indicate the condition "shall" be eliminated (rather than "may" be eliminated), He also pointed out the applicant will be required to comply with Watershed Management regulations prior to the issuance of permits for this project. 10/25/93 -7 - Councilmember Rosene suggested condition #10 indicate the "Council may consider an extension to the landscaping plan requirement if the Brooklyn Boulevard Study has not been completed within twelve months ". The Planning and Zoning Specialist agreed this was the Planning Commission's intent. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Planning Commission Application No. 43012 submitted by Ryan Olds for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. (Note this condition shall be eliminated if no site improvements are required by the Shingle Creek Watershed Management Commission.) 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. The build' equ with an automatic fire extinguishing s 5. building is to be equ ppe � g stem to meet* Y NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 7. The special use permit is granted to the applicant for the addition proposed by these plans. Any expansion or alteration of these plans shall require an additional amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 9. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The applicant shall agree, in writing, to comply with Watershed Management regulations prior to the issuance of permits for this project. 10/25/93 _g_ 10. Additional landscaping shall not be required of the applicant, in lieu of the possibility of landscaping enhancements recommended by the Brooklyn Boulevard Enhancement Task Force. The applicant must provide an updated landscaping plan consistent with the landscape point system within twelve months from date of approval. The Council may extend this deadline in the event the Brooklyn Boulevard Enhancement Study is not completed by this time. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 93013 CSM The City Manager introduced Planning Commission Application No. 9301 submitted by CSM for site and building plan approval to construct a 23,250 square foot 1 story office building at 3200 County Road 10. He stated this application was recommended for approval by the Planning Commission at its October 14, 1993, meeting. The Planning and Zoning Specialist reviewed the staff report and Planning Commission discussion regarding this item. He emphasized a building permit will not be issued until the final plat is filed with Hennepin County. He added review by the Watershed is not necessary since the site is under five acres. He then reviewed the suggested conditions for approval and indicated a public hearing is not required. Councilmember Rosene questioned the property line between the two properties. The Planning and Zoning Specialist responded this issue has been corrected and the plans have been corrected. He pointed out that access agreements are in place. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve Planning Commission Application No. 93013 submitted by CSM Corporation for site and building plan approval to construct a 23,250 square foot one -story office building at 3200 County Road 10, subject to the following conditions; 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. The site performance agreement currently being held for the completion of site improvements shall be continued to comprehend any and all site improvements comprehended by this application. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 10/25/93 -9- 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance, 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B -6112 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and Inspection of utility and storm drainage systems, prior to the issuance of permits. 11. A proof of parking agreement acknowledging the need to install up to five additional parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of permits. 12. Building permits shall not be issued until the plat comprehended under Planning Commission Application No. 90024 has been given final approval by the City council 0 and filed with Hennepin County, The motion passed unanimously. PUBLIC HEARING PUBLIC FEARING REGARDING PROPOSED PARK - AND -RIDE FACILITY WEST OF BRQQKLYN BQULEYAM AND NORTH QF 65TH AVENUE N ORTH The Director of Public Works reviewed the staff report, stating three public informational meetings have been held regarding the proposed Park- and -Ride facility. He stated after reviewing all issues regarding the possible Park - and -Ride facility, it is staffs opinion this type of facility is a vital element of a cost - effective transportation system, one is needed in this area to properly serve adjacent neighborhoods, the proposed location is better than other options suggested, and the development of the facility will provide an opportunity to realign the reverse curve area of 65th Avenue without incurring major costs to acquire right -of -way. He stated MTC has agreed to provide needed right -of -way to allow Hennepin County to expand Brooklyn Boulevard, and without this opportunity the City would be required to pay for one -half of the cost, He added the development and proper design of a Park -and -Ride facility and storm water pond will provide an excellent opportunity for the City to establish a standard for other redevelopment projccts along Brooklyn Boulevard. He pointed out this 1OIZ5/93 - 10 - 0 "Gateway" location can provide a model for future developments and provide a significant upgrade to the City's image, providing a catalyst for implementation of the Brooklyn Boulevard plan. The Director of Public Works stated a consulting engineering firm, who was employed earlier this year by the City and MTC, has developed seven alternate plans for this site. He reviewed them with the use of an overhead and explained traffic flow, turning movements, access points, alignment of 65th Avenue, etc. with each alternative. He indicated Alternatc 7 was developed by staff and MTC in response to resident's concern, and discussed at a meeting with residents of 65th Avenue this past week. He pointed out Alternate 7 allows for the realignment of 65th Avenue, reconfigures the reverse curve to "flatten" it, widens 65th Avenue to three lanes from the point of the curve to the Brooklyn Boulevard intersection, widens the intersection at Brooklyn Boulevard to accommodate turning movements properly, includes the development of an island in the area of the reverse curve to provide channelized movements of the busses. He added this plan also pulls 65th Avenue away from the three houses on the west side of 65th Avenue. The Director of Public Works reviewed the accident history for the last three years in this area and stated of the 20 reported accidents, 15 were at the 65th Avenue and Brooklyn Boulevard intersection and five were scattered along 65th Avenue from Brooklyn Boulevard to June Avenue. 0 Aaron Isacs, MTC, commented on the lack of a Park- and -Ride facility in this area of Brooklyn Center /1rooklyn Park. He explained MTCs service is not competitive now because it is too slow and not enough trips are made. He reviewed the current route being used and pointed out the travel time can be reduced if they gain freeway access quicker. He pointed out the freeway ramp bypass near the proposed Park- and -Ride facility which would allow them to be competitive and able to beat the travel time experienced by cars. He explained since they cannot provide bus service within a short walk of everyone, they develop Park -and -Ride facilities in key locations. He further explained other Park -and -Ride facilities are close to capacity and they feel this location will allow them to meet their goal of becoming more competitive and increasing ridership, Mayor Paulson excused himself from the meeting at 8:20 p.m. Councilmember Kalligher questioned when final plans will be ready for the realignment of 65th Avenue and asked how many homes would be acquired by the MTC and City. The Director of Public Works responded changes can be made to the realignment plan, however, he feels it deals fairly well with issues raised by residents. He added withAlternate 7 the MTC would purchase nine properties including four multi - family properties and five single - family properties. In addition, the City would acquire five single- family homes. The Director of Public Works explained with Alternate 3, staff would recommend five parcels of property be acquired, 10/25/93 Councilmember Kalligher asked if the City would need to acquire five properties with either alternate (with or without the Park- and -Ride facility). The Director of Public Work indicated this is correct. In response to Councilmember Kalligher, the Director of Public Works reported Hennepin County feels there is a need to acquire additional property to allow future improvements to Brooklyn Boulevard, He explained if that project went ahead without the development of the pond or Park - and -Ride, the City would be in the position of having to share with Hennepin County in the acquisition of additional right -of -way. He explained at this time Hennepin County has not determined how much property will be required, however in the event the property owner disagrees with giving up one -half of their front yards, it may be necessary to acquire the entire parcel even if it is not all needed for the Brooklyn Boulevard project. Mayor Pro Tem. Rosene opened the meeting for the purpose of a public hearing on the proposed Park - and -Ride Facility west of Brooklyn Boulevard and north of 65th Avenue North at US p.m. He inquired if there was anyone present who wished to address the Council. Matt Braun, 4023 - 65th Avenue, stated there have been a number of accidents on 65th Avenue which have not been reported, including property damage. He reported his home sustained $30,000 of damage when a car drove into it, and his neighbor's home also was damaged. He indicated he had hoped the curves would be straightened more than being proposed and asked why the Director of Public Works has not yet met individually with residents of 65th Avenue. He also asked why the City does not know the exact cost sharing arrangement with Hennepin County, Mayor Pro Tern Rosene agreed the curve straightening is not as much as he had hoped could be accomplished and asked Mr. Braun if the realignment and curbs would help sufficiently to ease his concerns. Mr. Braun indicated he felt the curbs would help stop cars from running up into resident's yards. The City Manager explained the City's cost sharing with Hennepin County for right -of -way acquisition on Brooklyn Boulevard would be on a 50 %150% basis. He further explained the amount of property needed and determination of whether it is a partial or full taking has not been decided. With regard to meeting with residents on an individual basis, the Director of Public Works explained these meetings will be scheduled if the Council decides to go ahead with the Park - and -Ride facility and redevelopment of 65th Avenue. He further explained the development of plans is a continuous process based on meeting discussion and input from residents. Mayor Pro Tern Rosene stated the Council would not consider the plans complete until all residents' concerns have been addressed. He added even if the proposal is approved tonight, Council would be happy to work with residents until all concerns are resolved. 10/25/93 - 12- Gene Hammerlund, 6437 Unity Avenue, expressed concern about the western end of 65th Avenue. He stated the Park- and -Ride facility will also serve Brooklyn Park residents and he is concerned it will turn Fair Oaks School into a public thoroughfare. He reported currently an average of 740 cars per day go through the school and suggested a gate be closod during school hours. The Public Works Director stated he realizes this is a continuing issue but the proposed Park- and -Ride facility has no impact on the west end of Unity Avenue. He reported staff has contacted school staff regarding this matter and it is an item of continuing discussion. The City Manager added staff can continue to work with the school and also talk with the Police Department regarding this matter. Trayce Olsen, 3910 - 65th Avenue, stated traffic in this area has increased 60% over the last two and one -half years and has come to a point where it is almost unlivable because of exhaust fumes and noise. She spoke in support of the proposed Park- and -Ride facility, stating it will beautify the area. Irene Fischer, 6330 Indiana Avenue, questioned the County's plans to widen Brooklyn Boulevard. The City Manager responded the County is currently conducting an analysis of Brooklyn Boulevard, and it appears there may be a good possibility it will be widened in this area because of traffic traveling south off the freeway ramp. He added the County has been informed about the proposed Park - and -Ride plans. In response to a question by Mayor Pro Tem Rosene, the Director of Public Works stated the consultant did compare traffic counts between the proposed Park - and -Ride facility and a retail use and feel the traffic counts for a retail development would be substantially higher. He pointed out Park - and -Ride facilities are usually not used over the weekend. He reported the City received a letter from Hennepin County indicating strong support for the Park -and- Ride concept. Bill Williams, 4018 - 65th Avenue, indicated support of the Park - and -Ride facility asserting it is an ideal location because of access to Brooklyn Boulevard and I -694, one is needed in this area, area residents will make use of an express bus service, and it is considered as an asset for anyone selling their home. He encouraged the Council to give property owners on the south side of 65th Avenue some consideration with straightening the curve and providing curbs without assessing them for the cost. Mayor Pro Tern Rosene asked if landscaping will be placed on the west side of 65th Avenue. The Director of Public Works stated detailed plans are not yet available, but a substantial amount of landscaping and streetscaping is being planned with this project that would be comparable with the landscaping treatment on 69th Avenue. RN Mayor Pro Tern Rosene called a recess at 9 :05 p.m. The meeting was reconvened at 9:22 P.m. 100/93 - 13 - Ivan H. Vetterick, owner of 4010 - 65th Avenue, stated he owns the four -plex building and sympathizes with residents in this area. He indicated support for the Park -and Ride facility and urged the Council to be expeditious in their decision so he knows what he should do regarding the renters and making further improvements. Linda Evanson, 4112 - 65th Avenue, stated with Alternate 7 her house will be the only one left on 65th Avenue. She asked the Council to consider acquiring her house. The Public Works Director explained this house is a corner property that faces 65th Avenue. He further explained at this point in time the City has not identified a demonstrated public need to take this property. Ms. Evanson expressed concern for neighborhood children if they have to cross 65th Avenue to get to the new park. The City Manager explained while this could be. used as park land, the decision has not been finalized and safety will be a consideration in determining what will go into the area. Mr. Braun concurred with Ms. Evanson that young children will be attracted to the park and urged the Council to provide safe crosswalks if they are considering a park. Scott Schultz, 6425 Marlin Drive, reported he has talked with his neighbors and they all still oppose the Park - and -Ride facility. He stated he, understands the economics of the project but feels traffic will greatly increase on 65th Avenue. He pointed out most Park - and -Ride facilities are constructed in undeveloped areas, Crystal Solem, 3910 - 65th Avenue, stated she was involved in an accident at the Brooklyn Boulevard intersection and asked it the signal light system will also be improved. The Director of Public Works stated he expects it will be improved by adding a left turn phase since a third lane will be added to 65th Avenue. Bob McGoulan, 6407 Marlin Drive, stated he has lived in this neighborhood for 37 years and does not support the project since it will increase traffic. He suggested the traffic signal be. improved and left turn lane provided now, without the Park - and -Ride facility. Bill Wendt, 4001 - 65th Avenue, stated while he does not support the project he feels, given the alternatives, it is probably the only way the City can go. He supported the City acquiring the Evanson property rather than leaving it as the only house on 65th Avenue. He suggested the sidewalk be located alongside the curb to eliminate the boulevard area which is difficult to maintain. Lee Evanson, 4112 - 65th Avenue, stated he has not supported the project since it was first proposed, does not want to live next t4 a parking lot, and still has a lot of questions. He asked if cars can cut through the parking lot from Brooklyn Boulevard. He also asked how MTC who receives public funding, can justify the expense involved with acquiring this number of properties. He stated he would have sold his house two years ago if he had known this project was being planned. He indicated support for placing a stop sign at th 10/25/93 - 14. intersection of 65th and Indiana Avenues. He stated he understands doing this project now will save the City money, however, he does not feel resident's interests have to be sacrificed so the City can save money down the line. Councilmember Kalligher asked if 65th Avenue could be closed. The Director of Public Works explained doing so will divert traffic down other streets to 63rd Avenue which is already carrying 7,OW to 8;000 cars per day. It was noted that 65th Avenue currently has 2,500 cars per day. The Director of Public Works agreed Park - and -Ride facilities are primarily built on vacant sites, unfortunately the need for such a facility was not foreseen in the Brooklyn Center area. He also agreed the cost would be tower if homes did not need to be purchased, however, MTC has identified a very strong need to provide a Park -and -Ride facility in this general area and there is very little undeveloped property available. In response to a question by Mayor Pro Tem Rosene, the Director of Public Works stated they can look at creating a zig -zag alignment in the parking lot to discourage cut through traffic. Mr. Braun questioned tax implications and whether MTC will pay taxes on this property. The City Manager stated MTC will not pay taxes on this site. Mr. Braun stated eliminating access through Fair Oaks School will reduce traffic. He added 63rd Avenue was designed to handle heavy traffic counts and supports blocking off 65th Avenue when it is realigned. The Director of Public Works advised placement of stop signs should be made on the basis of accident history or indication of sufficient warrants. Merle Biggs, owner of the building on the northwest corner of 65th Avenue, stated the project will be an improvement since some of the homes along Brooklyn Boulevard have deteriorated. He asked if the Council will be making other zoning changes. The Director of Public Works explained the existing zoning is a combination of single - family residential, multi- family residential, and C -1 for the four -acre parcel. Mr. Schultz pointed out the majority of residents who support the project would have their property acquired as part of the project. He expressed concern about what this project will mean to remaining residents in the future and issues that will be raised. Doug Vickman, 6506 Indiana Avenue, stated he moved into this neighborhood to get peace and quiet and does not support the Park -and -Ride facility. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to close the public hearing at 10:02 p.m. The motion passed unanimously. The City Manager introduced a Resolution Approving Development of Park- and -Ride Facility for the Metropolitan Transit Commission. 10/25/93 - 15 - Councilmember Mann stated there have been a number of meetings regarding this issue and residents have raised valid concerns. She further stated the Council is trying to ruake compromises that will benefit the community and safety for residents and their children will be one of the concerns addressed. She added the Council is dedicated to keep revisiting this matter until compromises are reached that please everyone. She stated she does not know if a Park- and -Ride facility is the best situation for this intersection but she does not know what to suggest in its place and the application before the Council will save the City money and enhance the "Gateway" area which may encourage further redevelopment along Brooklyn Boulevard. She stated because of these reasons she will support the project. RE OLUTION NO-93-188 Member Barb Kalligher introduced the following resolution. Mayor Paulson abstained. RESOLUTION APPROVING DEVELOPMENT OF PARK -AND -RIDE FACILITY FOR THE METROPOLITAN TRANSIT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, Councilmember Kalligher informed staff that residents' input and concerns must be taken into consideration and addressed in the project plans. She stated she understands, the concerns expressed by Mr. and Ms. Evanson, but they will be abutting a park, not a parking lot or unkept home, She indicated support for the project stating it will be an improvement, is good for the environment to encourage people to use public transportation, and provide an overall enhancement to the community. Mayor Pro Tern Rosene stated he is sincere about protecting the residents' interests and wants to make sure their rights are not abused. He encouraged residents to keep the Council aware if problems occur. The Public Works Director stated if the resolution is approved staff will be very intent on working with property owners in the process and will schedule individual as well as group meetings to discuss the project and time frame. He further stated staff will also work out a detailed agreement with MTC regarding cost sharing for Council's consideration. He estimated it will be shortly after the first of the year before the Council is in a position to begin acquisition with construction taking place in early 1995. The motion passed unanimously with Mayor Paulson abstaining from the vote. Mayor Paulson returned at 10:11 p.m, to chair the rest of the meeting. J!JJB _ HEARING TQ CONSIDEP, THE APP ICATIQN FOR A CURRENCY EXMANGE LICENSE The City Manager reported the Minnesota uepartment of Commerce has received a renewal application from Cash Etc. to operate a currency exchange at 6818 Humboldt Avenue North 10125/93 - 16 - and has forwarded it for Council consideration. He pointed out this is a renewal application for the calendar ear January 1 1994 to December 31 1994. y rY Kathleen Tahlman, applicant, provided a brief review of services offered by Cash Etc. and letters of support from several neighboring businesses. Mayor Paulson opened the meeting for the purpose of a public hearing to consider the application for a Currency Exchange License at 10:19 p.m. He inquired if there was anyone present who wished to address the Council, Because no one appeared to address this item, Mayor Paulson entcrtained a motion to close the public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to close the public hearing at 10;19 p.m. The motion passed unanimously. The City Manager introduced a Resolution Authorizing Issuance of a Currency Exchange License to Cash Etc. to Operate at 5818 Humbolt Avenue North, Brooklyn Center. RESOLUTION NO, 3 -189 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO CASH ETC. TO OPERATE AT 6818 HUMBOLT AVENUE NORTH, BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously, PUBLIC HEARING WITH RESPECT TO REFINANCINQ FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC, AND CENTER PARK SENIOR APARTMENTS. INC, The City Manager explained the applicant proposes to refinance the Maranatha Place Apartments hands and outstanding debt on the Maranatha Care Center nursing home and to finance improvements to the facilities. He added the bonds will not be an obligation to the City, but will be payable solely from payments to be made by the borrowers. Mayor Paulson opened the meeting for the purpose of a public hearing to consider a Resolution Approving a Financing Program and Providing Preliminary Approval with Respect to Financing for Facilities of Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc. at 10:21 p.m. He inquired if there was anyone present who wished to address the Council. Because no one appeared to address this item, Mayor Paulson entertained a motion to close the public hearing. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 10:21 p.m. The motion passed unanimously. 10/25/93 - 17 - The City Manager introduced a Resolution Approving a Financing Program and Providing Preliminary Approval with Respect to Financing for Facilities of Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc. RESOLUTION NO. 93 -190 Member Barb Kallighcr introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINANCING PROGRAM AND PROVIDING PRELIMINARY APPROVAL WITH RESPECT TO FINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC. AND CENTER PARK SENIOR APARTMENTS, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. }DISCUSSION ITE RFP FOR CITY ATTORNEY The City Manager stated staff has prepared information as requested by the Council including a Request for Proposals for civil law services. In response to Councilmember Rosene's question, Mayor Paulson reviewed several legal publications where the RFP could be advertised. The City Manager pointed out some flexibility will be needed if the RFP is to be published in these types of magazines. He suggested staff determine deadlines for publication. The Council agreed with Councilmember Kalligher's suggestion that staff present this information for consideration at the November 1, 1993, work session. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the RFP as presented and direct staff to publish notice. The motion passed unanimously, AP3 OURNMENT There was a motion by Cnuncilmemher Kalligher and seconded by Councilmember Rosene to adjourn the meeting, The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:27 p.m, Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth TimcSaver Off Site Secretarial 10/25/93 -18 - CITY OF BROOKLYN CENTER Council Meeting Date November 9, 1993 Agenda Item Number Fae REQUEST FOR COUNCIL CONSIDERATION • ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: PRESENTATION: LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS' CERTIFICATE OF APPRECIATION PRESENTED BY BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: — hffA 0 W Geralyn . Barone, Personnel Coordinator MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comme s below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • SUMMARY EXPLANATION: (supplemental sheets attached ) At the annual meeting of the League of Minnesota Human Rights Commissions (LMHRC) in September, the City of Brooklyn Center was presented a certificate of appreciation by the LMHRC. Members of the Brooklyn Center Human Rights and Resources Commission would like to present this certificate to the City Council on behalf of the LMHRC. \ RECOMMENDED CITY COUNCIL ACTION Accept a Certificate of Appreciation from the LMHRC. I CITY OF BROOKLYN CENTER Council Meeting Date 11/8/93 Agenda Item Numbs REQUEST FOR COUNCIL CONSIDERATION ITEM DESCPJMON: MAYORAL APPOINTMENT: PARK AND RECREATION COMMISSION DEPT. APPROVAL. Gerald G. Splinter, ty Manager MANAGER'S REVIEW/RECOMAMNDATION: No comments to supplement this report Comments below /attached SU VIlVIARY EXPLANATION: (supplemental sheets attached ) Notice of vacancy on the Park and Recreation Commission was announced in the Brooklyn Center • Sun -Post on October 6, 1993, and in the Northwest News on October 11, 1993, and posted at City Hall and Community Center from September 30, 1993, to October 29, 1993 (see attached). The notice also aired on Cable Channel 37 from September 30, 1993, to October 29, 1993. As requested by Mayor Paulson, those persons who had previously applied for an advisory commission were notified of the opening on the Park and Recreation Commission (see attached letter dated September 30, 1993). The following persons have applied for the Park and Recreation Commission: APPLICANT PARK SERVICE AREA Noah Bridges, 6712 Emerson Avenue North II Margaret Knutson, 3300 66th Avenue North IV Kay Lasman, 4407 Woodbine Lane III According to Subdivision 6 of the resolution defining duties and responsibilities of the Park and Recreation Commission: "Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups" and "The Mayor shall present at a regular City Council meeting the nominee for Park and Recreation Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee." Also attached for your convenience is a map indicating geographical location by Park Service Area of current members and applicants of the Park and Recreation Commission and a roster of those who are presently members of the Park and Recreation Commission. RECOMMENDED CITY COUNCIL ACTION Appoint one person to the Park and Recreation Commission to fill the unexpired term of Charles Rickart which shall expire on December 31, 1994. Application For OF CITY B ROOKLYN Ap pointme n t t0 CENTER • A.C�ViSOr y 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 Crt Use <lnl Dafe Reeetvel `. :; -<, .::.,..::<- r (PLEASE PRINT) COMMISSION YOU ARE APPLYING .: ­...".".. ...... . ... ....... ........ ............. ... _... . . .... ...... ......... ..... .. . ..... . .............. ............. -X: .......................... ... .... . ................ ... ....... ....... ........... ..................... . .......... .................. ................ ........... .... ......... .. .................... . .... .... . ..... ........... ....... .................. .................... ... . .. ...... PER AL .. ..... .:..:::...:. . .. .......... S Last Name First Name Middle Name Date of Application t3 ' �t)t✓< � Ni Ea t"" N ► i ' t - t ct 3 treet Address Apt. No. Date Available } City, State 1� , Zip y Home Phone sakly +`;TES, (12 S �S�hSU How many years have you lived in Brooklyn Center? Work Phone Occupation Employer May we call at work? (; t.Y�rr,-kCy, Tro-<-r4 r I& Yes ❑ No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 1� 18 19 i E xZ'ERLC ».:... Last relevant voXunleer work expenence applicable:ta rip o rihne it fo tl cs commassr'on VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr �lt_l.�4v.i Ce t L %r R1 7 Cj-1 t ��2.�t , + �.I.i.T�.,��p.,.�h �`to�,f.Z,x� Cl- •r,.�a.-1 =- wc�u caa Se.•� �ra•�tL...v�r� Cr •S.;t -. f•v.rSCi <= .wS.i..st• C.�- a�►..t�. PRO SSIONALI T E I NATIO List relevant current professional membershaps, registrations, ar licenses applicable to appointment to th commission litclude dates f issued L'PEVIET`AL� INC�R:IiAIC Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. 7 1? JiA�+.�A.� -! �'G'�M ld �•2.N��:...�tk -. y I ��.iU � c � ty' J j i have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. 'W, Yes ❑ No Comments: I have received and read the City of Brooklyn Center's business ethics policy. K Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Arc you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? W Yes ❑ No Comments: YlYIP02TANT FACTS F C)L TO KNOB NCR X G 'SOUR P `El TIO Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. Ia authorize orize investi ation of all statements s contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT'S SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 App lication For cRY OF $ ROOK LYN Ap po i ntment 3 to CENTER • 1�CIv1SOr y 569 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 _' • Cct 0sc Onl > Aate Rececye il } y (PLEASE PRINT) C011MI ;SION YOU ARE APPLYING FOR: P HRK C ... PE ::::::::::. AL [ Last Name First Name Middle Name Date of Application r r1 — Sc N1 CF�y c a.v c+ J treet Address / Apt. No. Date Available City, State, Zip ! _ / Home Phone i How many years have you lived in Brooklyn Center? ,7 r 5 Work Phone aLf4� I CCV d tn�_ ��,. �- johc if IV` rv'th L s 4 y r1/ May e call at work? Occupation Employer Ai-h le h( t y c,i n c v it's t Ta t �e ❑ Yes ❑ No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 <E)17 18 19 'OLY�NTERIC Ltsf r eZeyant volunteer: work expenence ; applicable :la: appolatmet to'tliis commission << VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr C oc�vc ��cl�`l�Gr 2 � vctiv«L.� <:4htef/c, c vc, �-j ',550 hv5' � Z 1 Y e5er, se I �'� n n `� /�.� /�'� /� / � �7 c, �,{ { r) � �1LY ::' n . 2x- P � ��-- � C °c yn rig •-- '�ce -� �l�rv.�t:.. S �oltzh f�c vrc� cZS /��hle�yc. Ivc.tr�rY 3 ; T q AA c Lq,2 Ct�r'ct� Itc�mS CzS �fl�il �t Y .t 1e S` (L# (�jc�4c. rr�c_v ( if C 'Z Y`o 51.111 'RQFESSIONAL DESTATLC�NS T,ast relevant current professional memberships, restrataons, or<Iicenses applicable to appointment to this'commassron Yitclude dates first issued /�r�Gfic,,�� F�1hie etc c.i,.cv' ksS C1C,4 �7�e�>> fj2rS�►� cm cQ CeV�7+7cc`f7c�� 7 ` c �� SL'P'LEI�I�TAL IhTI:I1�IAfiIl Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. r 1 hctiv c v c c i r, p;,..k� (� c. j�• -c c Y c c. c'r, (,v+ `�'h Gam►-, � rn�a hctiil.c,y c-r.- ��c c c h lZd / )I � j�Ie.J. iJ4 del'IC cc 3 &J 1 4-, Cc ,ter c,%x- 0 r 1-e ✓ t, i Oc I 4 e r% ya- 1. W r h �t•- � (..�.c i c•Jl c: ;,,.t c.�-t'c'r s , � .�e_.�., t = C c;; � v c� la f � � � c�F� c i(z v� � Cuc�rcSSii�c !SS[u�S Y� lc��„ > �c (vy,ef l ocllyk5 ,LC /> A04 Ye ,cc(yc )),eJs I f have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. XL Yes El No Comments: t I have received and read the City of Brooklyn Center's business ethics policy. X Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Are you aware of the importance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? % Yes ❑ No Comments: L �� Vtr� S m�l� c�loc Af r-`7 ve" h 4" s"' ca,'J' w *S UV, Ic55 1- czm Cx-01 A /c " A ",- C fi;, sJi,Lt t c L ► � � iii c'f pc.v ks av e- 6%) j LacuF4 bck.4 4 b c c 7/L< i IMP0RT NT FACTS' FC)R OI T C TC AX LWATI C Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. 0-t ,U,J. � A 4 -' ,, r0 - =� z3 APPLIC S SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk - City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 CITY Ap For � $ ROOKLYN Ap t o CENTER I* Advisor S69 -3300 Commission 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 Croy Use Ouly:> Dafe.ReCet (PLEASE PRINT) COMMISSION YOU ARE APPLYING FOR: _; e v z a- „/v Cc nn „n - . `v' PEA A Last Name First Name Middle Name Date of Application trect p e Apt. No. Date Available City, State, Zip Home Phone t ' 4 How many years have you lived in Brooklyn Center? Work Phone Occupation Employer 5 May we call at work? c (.�. ! - a tc Y �ti < r” ,� �; R ❑ No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 w x y 0 1% R U P1. RIE C L'.J Last relevant vo�i steer, work ;experience applicable to :appozritrnet t t0:4 IIS commisslon. VOLUNTEER ACTIVITY WORK PERFORMED No. From To Hrs /Month Month /Yr Month /Yr PT (ire (N<:. all v r � — ' G � �/' )) r S Y' v✓ l -P_ Yh e e l A, 5 re- W)� !�GJ Ytcc �n�uC1 , 141c�L$ , - c�ct� t ` -err iT �re$caJ� t_ J t S [ C O v d I A" G - �' �' ►1 ,`� v4e<►- p C t Q����. C� /c; f?res <if ek 5 S 5 t 7 k e C/ o A, , r��)�I�rc.v are _r?�c IGNA ,Vnl ,N�rIr,M ;AJ4, "� P' ►a�ra� CXr� L l / ��� er c '1 1' PM:: SSICJNA� I)�SI��ATIC�NS Lrst relevant current professaonad membershaps� registrations, or lacenses <::.:.: >;::.......: >:::. aPP > PPorntment, to this CO mm��s�an :: >: »::::::::: ;Inctud e dates: rssuecl SI�PPL�NIENT`AL IN�C�R:�IAfiiC�N Describe any additional education, experience, or skills which qualify you for appointment to this commission. Include remarks concerning ur ideas or observations g Y on the role of this commission. I I I I i I have read the Enabling Resolutions which define the purpose, authority, and responsibility of this advisory commission. Yes ❑ No Comments: f I have received and read the City of Brooklyn Center's business ethics policy. fg�es ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Are you aware of the ipportance of regular commission meeting attendance, and do you feel you have the time available to be an active participant? Q" Yes ❑ No Comments: L MPO T FACTS �U� y�U TC� KNOB T, ��C G 'FOUR A�'"LIC'T'T► Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. APPLICANT% SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 farKarv,t 0 corren+ members Park Service Areas ♦ 0-pplicants 1.11 .1111"all i! it If., 1 11141 Jill PARY r � �C �'' i � IIi..aJi' f ���.r `D�+,�. `v II � I II l I � -.� I �-.. � i) ,I ��I_� � �.... '�� �I �C 1i "i Ii T;� �J ,�,{��� 1 � if i ..... ..... L 'Lill 11 krE LJ �� (�� ' Lil :A� IF I LHI - it M;7 T! ,! I ,� r rl .I � �I MNBa --.1 ��� , � s � _, _ � -.tea � � W -. ; � � � � � �, ����;� Ll EF, LOCAL STREET 2 l u INOEX U F�T F-®r a oaaoc�, ; ,�_. .. ia_ �; o��� e 000 � 0000 ��v � �_. r I t ip ` ; ?S:S• "I ' �� T T 1 ,\ LE 94 j T T T Fp BROOKLYN CENTER Me I- a \ , fy hill --Ir I if r rifI liT �i���l���� PARK AND RECREATION COMMISSION Park and Recreation Commission meets on the 3rd Tuesday of each month, 7:30 p.m. City Hall. The Park and Recreation Commission advises the City Council on the park and recreation program in Brooklyn Center. Commissioners serve a three -year term. Chairperson and six members. Arvid (Bud) Sorenson, Chairman Art Mead 6901 Toledo Avenue North (29) 3825 56th Avenue North (29) P.S.A. III P.S.A. V 566 -4524 537 -9186 9/24/79 - 12/31/93 5/9/88- 12/31/95 Sarah Robinson Pollock Thomas Shinnick 7018 Girard Avenue North (30) 5324 Oliver Avenue North (30) P.S.A. II P.S.A. I 561 -7179 560 -0273 5/23/88- 12/31/95 11/13/89- 12/31/94 Don Peterson 3715 58th Avenue North (29) P.S.A. V 533 -5949 11/7/83 - 12/31/95 John Russell 5312 North Lilac Drive (30) P.S.A. V 588 -5416 11/13/89- 12/31/93 FOR FURTHER INFORMATION CALL 569 -3300 10 CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF VACANCY BROOKLYN CENTER PARK AND RECREATION COMMISSION Notice is hereby given that a vacancy exists on the Brooklyn Center Park and Recreation Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to the park and recreation program. The Park and Recreation Commission meets on the 3rd Tuesday of each month. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS OCTOBER 29, 1993. [Posted at Brooklyn Center City Hall and Community Center September 30, 1993] [Published in the Brooklyn Center Sun -Post October 6, 1993] [Published in the Northwest News October 11, 19931 N� 1986ALAWWAcrry ?A— Brooklyn Center Sun-Post—Wed., Oct. 6, 1993 r.It�T^ CITY-BRIEFS PUBLIC-SAFETY Goal of speed `humps' to Public safety dispatching will slow Unity Avenue traffic Speed "humps" will be installed on Unity Avenue between 69th continue to be local operation and 73rd avenues after residents in the neighborhood complained about the volume and speed of traffic along the route. By Karl Puckett response tunes. In fact, Hamp- dispatch service puts to rest the The speed hump differs from the traditional speed bump in that ton used an argument that more idea of using the savings to hire it is a gradually sloped rise of about 4 inches, according to a city Brooklyn Center residents opportunities for in- service additional police officers. That report on the issue. The hump is virtually unnoticeable to who call 911 for emergency training at the county dispatch thought has been suggested as vehicles traveling less than 30 mph. But at higher speeds, the assistance will continue to talk center would make better - the city works toward finalizing humps become more noticeable and can reduce top speeds, the with dispatchers based in then' trained dispatchers. its 1994 budget. report states, city. The City Council has voted "I don't want you to think for a Hampton stressed at the In response to complaints from residents, the city conducted a against a suggestion backed by minute that the quality of ser- meeting how badly the city radar survey in August and found that 85 percent of the vehicles the administration to turn vice would go down," Hampton needs more police officers as he were traveling less than 28 mph (the posted speed limit is 25 dispatching duties over to Hen - told council members. made his pitch in support of mph). But the top speed recorded was 46 mph, and a number of nepin County- But supporters of switch were changing over to Hennepin vehicles do travel too fast for the curving roadway, the survey The vote came Sept. 27 after outnumbered. County, showed. several residents, police and fire Representatives of the He said the average response Three speed humps will be installed on Unity: on the south end officials told council members Brooklyn Center police and time for an officer to arrive on near the culvert;'south of 71st Circle; and one just north of 72nd that the city would be better firefighter employee associa- scene is good, about four Circle. served if dispatching remained lions said both organizations minutes. But dispatchers The $3,525 project was given unanimous approval by the City a local service. Among their supported keeping the dispatch ususally have to hold calls for Council Sept. 27. thoughts were that response local. Their reasons ranged six minutes while they wait for times would be slower under the from opposition to employee an officer to become free to res- Meetings set On trail system p lan county dispatch system. layoffs, quality of service to pond, Hampton said. y P Transferring Brooklyn questioning the savings city ad- `This is why we need more A public information meet' proposed Center's public safety dispatch ministrators said would be sav- patrol officers," the chief said. Pu mg on a p posed Twin Lake trail services to Hennepin County ed by the switch. . - "I'he fact of the matter is we system will be conducted by the Brooklyn Center Park and was being proposed by City "I really think having our own - need more officers." Recreation Commission at 7 p.m. Tuesday, Oct. 19, in the City Manager Gerald Splinter dispatch system for the police But council members were Hall council chambers' primarily to save money. and fire departments is unanimous in voting to keep the In May, the cities of Rob- something most people held dispatching Public input will be taken on a bicycle - pedestrian trail system pag servi ocal that will allow access around the upper, middle and lower Twin Ickes. The proposal also calls for connecting the business and Brooklyn Center agreed to New Hope, Crystal high regard," said Mike Councilwoman i Bar e authorize joint negotiations with police police association. "The people meet, meeting districts of Brooklyn Center, Robbinsdale and Crystal. and B ss, a member of the meeting, it was noted had purchased a police at the The preliminary routes include a combination of existing streets, sidewalks and off -road trails. The city may pursue a Hennepin County for dispatch who call up got the best scanner to compare local and services. Besides initial start -up service." coon dispatchers. She said she county grant for the lake loop system in 1994 or 1995, costs, the coup offers the ser- Sandra Filson, who said her woul d county City staff members and a design consultant will be at the d not support the switch vice free. husband was a police officer, because she didn't want to give meeting to answer questions on the funding and implementation of the trail system. of said the short-term agreed. She added that there up local knowledge and because Similar meetin are lanned savings of the switch would be were plenty of other areas she didn't approve in firing peo- gs p in Crystal and Robbinsdale. more than $136,000. Long -term, within city government to cut if ple (local dispatchers) who he said, the switch could save the city is interested in saving dedicate their lives to a the city between $50,000 and money. community. NO parking after 2 a.m. $750,000• "I see waste all over the Mayor Todd Paulson said the Police Chief Trevor Hampton place," she said. "Why are we city should stay with what it has. The Brooklyn Center Police Department is reminding supported the changeover, also. picking on our dispatchers?" "My conclusion is that it's best residents that parking on city streets between 2 a.m. and 6 a.m. is He said switching to the county , The City Council's unanimous to: &tie k with a good think ire prohibited by city ordinance. Moreover, vehicles may not be wouldn't result in slower vote against transferring the said. parked on on the street for more than six consecutive hours at any �. > + -�••'j *+ , - ?i` >'S'"'+� rr:..ue _�c•, t.,,: The parking ordinance is in effect year -round. But it is more Decision not to use county se rv ices strictly enforced during the snow removal season and at times when cit v crews are repairing streets. forces neighbors to change their plans Vehicle in s in violation of the code may be towed at the direction of a police officer and stored until claimed by the owner. The owner is also responsible for towing and storage expenses. By Harvey T. Rockwood change to the county system on- own fire dispatch system, and ly if all four cities went along ,3rooklyn Center and Crystal The decision by Brooklyn with the plan. share a fire dispatch system. Fundraiser set for DARE p r og ram Center to pull out of a planned New Hope, for example, will John chieSpetch, nd a Robbins p g switch to the Hennepin County no longer receive dispatching police g p po- The Brooklyn Center Police Department, along with local Sheriff's Department radio services from Golden Valley nent of the switch, surmised that bowling alleys, will be host to a fundraiser from 1 p,m it 4 local dispatch system leaves three after the end of the year, when the three remaining cities may Oct. 9 and Oct- w 10 for the DARE program. other cities scrambling to make Golden Valley enters a new pact decide to go ahead with the Beacon Bowl, Lynbrook Bowl and Earle Brown Bowl will alternative plans. with St. Louis Park. An- switch even without Brooklyn donate all proceeds received during this time to DARE, a drug Brooklyn Center, along with ticipating . a switch to the Center. An alternative might be awareness program for youth. Crystal, New Hope and Rob- county's system, New Hope did an independent, shared dispatch binsdale, had earlier affirmed not include money for dispat- system among the three cities, plans to abandon local fire and ching services in its 1994, said he said. POSItIOn op On ark co Police dispatching systems in Donohue. Still, Brooklyn Center's P P favor of the county's, which is The city allocated roughly - change of plans will send the Provided free to county $139,000 for dispatching this other cities back to the drawing ApositionisopenontheBrook lynCenterParkandRecreation Commission - Those interested can obtain an application at Cot municipalities. year, Donohue said. board on some accounts. For ex- PP y But last week Brooklyn Center "We have not budgeted any of ample, each city had been ex- Hall, 6301 Shingle Creek Parkway, or call Deputy City Clerk reversed itself, as its City Coun- those dollars for '94," he said. pected to relinquish radio fre Sharon Knutson at 569 -3300. cil voted to pull out of the switch "If we decide not to go with Hen- quency assignments that had The final appointment will be made by the City Council. The and retain its own dispatching nepin Coup been reserved for their ex- application deadline is Oct. 29. Pa g P in ty, we'll have to put The Park and Recreation Commission meets on the third Tues. system next year. that back the budget elusive use the county. Thane day of each month, Its purpose is to advise the City Council on It's not entirely clear what If necessary, Donohue w e said, channels were then to be y feet Brooklyn Center's decision the city could establish a ten- reassigned to new uses by Hen- issues related to the city's park and recreation program. will have, but the other cities porary dispatching system to nepin County. have to make plans quickly, of- avoid any interruption of Robbinsdale expects to spend ficials said, service, I about $180,000 on its dispatch New legislation affects home buyers "There's a lot of new issues all In any case, Crystal will pro- service this year, Spetch said. of a sudden," said Dan Donohue, bably elect to go ahead with the He said the city could get New forms and disclosure procedures by real estate agents are New Hope city manager. "This shift to the county system, said through 1994 — or at least a por- part of a new law that becomes effective in October. brings in a new dimension to the Police Chief James Mossey. tion of it — with an expenditure The new forms will help consumers better understand who is whole situation, one that we've "As near as I can tell, I don't of about $70,000. representing them in their real estate transaction. been thinkingahout but not wan- think it alters our plans at all," Spetch said he doubts "A real estate agent who linos a home for sale represents the ting to confront." he said of Brooklyn Center's Brooklyn Center's change of x•Iler in the• transaction," said Dick Krueger, manager of Edina Representative% of the three decision. heart will cause any animosity. L'i !e'� i;nr,L_!� n I'.niha;irel nth••,. •'llowever an anent work citio •. were exiwvtM to mes•t To date, Crystal has had its "'They just did what thev fell O ctober 11, 1993 ' NORTHWEST N EWS Notice of Vacancy Plans for West N School - Enjoy the Pool: rooklyn Center River Road Mickey's k & Recreation Funtastic Commission B Leslie Kurtz beach Party { Appikw ion Deadline At one time west River Road was Oct, 22nd a highly travelled road. However, the F r i d a y , OCtObeT 29 construction of Highway 252 is now 1: GO - 'J: GG PM providing an alternate route for at the Notice is hereby given that a through traffic and the area from _ t vacancy exists on the Brooklyn Cen- 97th Avenue to Brookdale Drive has BROOKLYN CENTER ter Park and Recreation Commis - changed. The area now has a resi- C O M M U N I T Y CENTER lion. The general purpose of the dential flavor, due to the increased Indoor Pool & Commission is to act in an advisory development of homes and drive- -150 ft. Water Slide! capacity to the City Council on is- ways along the roadway. _ 6301 Shingle Creek Parkway sues related to the park and recre- Currently, West River Road is a From ss, Inner you may bring your a ation program. The Park and Recre- long winding road with a posted ation Commission meets on the 3rd speed limit of 45 m.p.h. and other ma Inner tube, beach ball to s Tuesday of each month. Interested advisor eed limit p ostings in ad- f a tion d N Noce: l b other toys ersonscanob application ry P P g floatation devices wi►! be allowed.) P PP � vanceofcurves.Manyresidentshave Brooklyn Center City Hall, 6301 stated motorists are driving too fast ADMISSION RAT: Shingle Creek Parkway, Brooklyn j and this is making West River Road With water slide 166, Center, or call Deputy City Clerk unsafe. Seniors (62 & Over) " = _' Sharon Knutson at 569 -3300. Final According to Mayor Jesse Adults (18 & Over) _ .s -4.00 appointment will be made by the Ventura, he was driving down West Youth (15 -17) -3.50 Mayor and the City Council. Appli- River Road doing 43 m.p.h. and two Children (6 -14) _ 3.25 cation deadline is October 29, 1993. cars pad him on the yellow line. Children (2 - 5) 2.00 The mayor advocates making West Children (Under 2) s - Free River Road a parkway with lower DFL Senate S peed limits posted Brooklyn Center Parks & Recreatic District 47 _ The Engineering S taff has rec- 6301 Shingle Creek Parkway ommended and the City Council has Meeting Notice passed a resolution to have the Min Representative Darlene Luther holds Btu nesota Department of Transporter- tion conduct a speed study. Accord AC=3 :TZNG COIL The October meeting of the Sen- ing to Gary Brown, City Engineer, Mo nday , Oct. 18, 7 - 9 p. ate District 47 Central Committee the studywill help determinewhether p.m- Brooklyn Park Library will be held at 7:00 P• Y a lower speed limit is justified and if 8600 Zane Ave. N. Wt'dfx October 19 at the Brookdale so what the speed limit should be, Hennepin County Library, 6125 This is an informal gathering to Shingle Creek Parkway, Brooklyn discuss legislative and city DtyI Center. All precinct chairs or vice 1 concerns. Two experts will be chairs are requested to attend. Visa- available to answer questions on 630 tors are welcome. For further infor- housing and education issues mation contact Chris Eaton at 566- 5:00 PW All residents are invited to attend! 423. Public Inform. ��- The Chambers of Commerce -� �=� =' BROOKLYN CENTER CITY COUN Tuesday, October 19. at 7 CRYSTAL COMMUNITY C Wednesday. October 20, 7 ROBBINSDALE CITY 1 Tuesday, October 26, 7 :t anufacturing ..� G 0 r B ookYn It 4 A wyr FTTA 0-nny 7"T7►T# TO TTTTT T)T!� 0"TTOT O♦ T/"T� CILVNNEL #37 ANNOUNCEMENTS CITY OF BROOKLYN CENTER DATE: DEPARTMENT: r—U— __AJ -m i n t5 7ro - i , v� CONTACT PERSON: Sl arc-'t �1►� (1 DATE ANNOUNCEMENT ON - I - - 9 DATE ANNOUNCEMENT OFF GUIDELINES: • Limit to 32 characters per line (including blank spaces) and 8 lines total (use additional pages if you need more space) • Specify color for message background Blue, Red, Yellow, Green, Violet BACKGROUND COLOR Please list the announcement as you would like it to appear: COMMISSIONER NEEDED BROOKLYN CENTER PARK & RECREATION COMMISSION FOR INFORMATION & APPLICATION CALL SHARON KNUTSON AT CITY HALL 569 -3300. DEADLINE TO APPLY IS OCTOBER 29, 1993. RETURN FORM TO RUTH DICKSON, CITY MANAGER'S OFFICE, CITY HALL j REVISED 4/92 - CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: - 569 3340 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE September 30, 1993 911 Dear Advisory Commission Applicants: The Brooklyn Center Park and Recreation Commission has one vacancy due to a resignation by one of the members. Since you have previously expressed interest and completed an application for appointment to an advisory commission, Mayor Paulson suggested you be notified of these vacancies to inquire if you continue to have an interest in serving on one of Brooklyn Center's advisory commissions. Please call me at 569 -3306 if you are interested in applying for the Park and Recreation Commission. The Mayor and City Council will be appointing commissioners sometime in mid- November. Thank you. Sincerely, J" _ �M"t ,_ YL Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: Mayor and City Council Members Mr. Joel Hilstrom Mr. Richard Hilstrom Mr. Robert Kensinger O 509 66th Avenue North 6107 Perry Avenue North 2619 65th Avenue North rooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Wayde Lerbs Mr. Dean Nyquist Lee W. Anderson 5107 East Twin Lake Boulevard 5701 June Avenue North 5344 North Lilac Drive Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Scott Malcolm Noah Bridges Charles W. Gustafson 7018 Fremont Avenue North 6712 Emerson Avenue North 3801 66th Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Dorothy Stiele 3349 49th Avenue North Brooklyn Center, MN 55429 Duane Betker Richard Campbell 7025 Knox Avenue North 4521 Kathrene Drive ooklyn Center, MN 55430 Brooklyn Center, MN 55429 Wei CITY OF BROOKLYN CENTER Couneil Meeting Date 11/8/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING THE WEEK OF NOVEMBER 12 -19, 1993, AS MINNESOTA CHEMICAL HEALTH WEEK DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SU EVIARY EXPLANATION: (supplemental sheets attached ) On Monday, November 1, 1993, the Mayor and I met with Jeanne Weigum of Association for Nonsmokers - Minnesota regarding a draft ordinance prohibiting point -of -sale advertising and promotion, as was requested by her organization. In conjunction with this draft ordinance, we have prepared a draft ordinance proposing licensed establishments selling tobacco related products and liquor establishments to post warning signs to pregnant women of the effects of both alcohol consumption and tobacco use. You received copies of these draft ordinance amendments in my log dated October 29, 1993. We developed the following process to be followed before bringing this ordinance amendment before the city council for discussion: 1. City Attorney Charlie LeFevere will review the draft ordinance amendments and make any necessary changes or suggestions by way of letter to the City Manager. 2. Executive Director Mary Welch of the Brooklyn Center Chamber of Commerce has been contacted regarding these draft ordinance amendments and will review them with their Board and possibly set up a meeting to discuss the implications on affected establishments. 3. Dr. Duane Orn has also been contacted regarding these draft ordinance amendments and will review them and give us his input. 4. The City Council may see this item on the December 6, 1993, agenda as a discussion item if we have received needed input from the Chamber of Commerce. RECOMMENDED CITY COUNCIL ACTION Mayor Paulson requests the Council proclaim November 12 -19, 1993, as Minnesota Chemical Health Week and would like to review this approach with Brooklyn Center City Council. /o PROCLAMATION DECLARING THE WEEK OF NOVEMBER 12 -19, 1993, AS MINNESOTA CHEMICAL HEALTH WEEK WHEREAS, Alcohol and other drug abuse in the United States has reached epidemic stages, and the 15 -24 age group is dying at a faster rate than any other age group due to alcohol and other drug abuse and associated problems; and WHEREAS, The color RED has been chosen to represent individual and community 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 the week of November 12 -19, 1993, as Minnesota Chemical Health Week and encourage the citizens of Brooklyn Center to participate in all Minnesota Chemical Health Week activities and other alcohol and other drug abuse prevention efforts year round. Date Todd Paulson, Mayor ATTEST: Deputy Clerk r' MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN C;ENTLK 1N 'Y HE CQUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 28, 1993 QALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Sander at 7:30 p.m. Present were: Chairperson Ella Sander, Commissioners Mark Holmes, Bertil Johnson, Dianne Reem, Robert MickOwn and Tim Willson. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Wwcn and Planning Commission Recording Secretary Arlene Bergfalk, Commissioner Debra Hilstrom was excused. APPROYAL OF MINUTES - OCTOBER 14. 1993 There was a motion by Commissioner Johnson and second by Commissioner Reem to approve the minutes of the October 14, 1993, Planning Commission meeting as submitted. Voting in favor: Commissioners Holmes, Johnson, Reem and Willson. Voting against: none. Abstained: Chairperson Sander and Commissioner Mickelson. The motion passed. Commissioner Johnson excused himself from the meeting at 7:35 p.m. to avoid any possible conflict of interest involving Application Nos. 93011 and 93014. CHAIRPERSON'S EXPLANATION Chairperson Sander explained that the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters, APPLIQAJION NOS 93014 AND 93011 (BRO,QKDALE LHRYSLER PLYMQUTE Chairperson Sander introduced the first item of business, a request for preliminary plat approval to combine the Brookdale Chrysler Plymouth dealership property at 6121 Brooklyn F , with the property immediately to the south at 6107 Brook) Boulevard into a Boulevard P pA rtY Y Brooklyn single parcel, The Secretary stated that Application Nos. 93014 and 93011 will be reviewed as companion applications. Application No. 93011 is a request from Brookdale Chrysler Plymouth to rezone the Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulevard and the 10- 28.93 1 property immediately to the south at 6107 Brooklyn Boulevard to PUD /C2 and to approve , The a planned unit development proposal for an expansion of the car dealership, Secretary noted this item was considered and tabled by the Commission on August 26, 1993, referred to the West Central Neighborhood Advisory Group for review and comment, and because this is the sixtieth day following the Commission's tabling of the item, the Commission should take action on this request at this meeting. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheet for Application No. 93014, attached and Planning Commission Information Sheets for Application No. 93011, attached). The Secretary reviewed proposed Planning Commission Resolution Nos. 93 -01 and 93 -02 which recommend amending the Comprehensive Plan and the rezoning of the properties addressed as 6121 and 6107 Brooklyn Boulevard, respectively. Chairperson Sander called for questions /comments from the Commissioners. Commissioner Mickelson suggested the recommendation for installation of a gate in the driveway west of the proposed addition to prevent customer traffic from the area be included in the conditions for approval of Application No. 93011. Commissioner Reem inquired whether the lighting plans should be spcci5cally included in the conditions and requested clarification of the plans for landscaping and buffering. The Secretary pointed out the lighting plans have been developed taking the neighborhood concerns into consideration and indicated that landscaping along Brooklyn Boulevard may be deferred to include likely recommendations from the Enhancement Task Force. Commissioner Reem inquired whether any changes may be made to the re -zoned C -1 property. The Secretary stated the property would be treated as single family and only landscaping and general maintenance would be allowed. Any expansion of the building or garage would not be permitted based on the limitations established for non - conforming uses. The Secretary reiterated the specific requests before the Commission and described the allowable uses under the C -1 and C -2 zoning districts. He stated the proposed expansion and redevelopment of the Brookdale Chrysler Plymouth site and the lot to the south at 6107 Brooklyn Boulevard is consistent with the need for flem for redevelopment of the Brooklyn Boulevard area as well as with recommendatlons of recent studies which favor such redevelopment and encourages the City to ovide for the ex needs of individual businesses. P � The Secretary responded to questions from Commissioners Holmes and Mickelson regarding the plans for screening and handicapped parking noting that both plans are consistent with the City's requirements, Chairperson Sander called for comments from the applicant. Bill Bartram, the owner of Brookdale Chrysler Plymouth, and Dave Phillips, architect, appeared before the Commission. Bartram stated the modifications to condition 12 related to landscaping and to condition 13 related to the addition of a specific gate are acceptable suggestions. Phillips described the details of placement of the gate, construction of the screening fence and placement and type of lighting on the property. 10 -2893 2 Tad UHINaD 9 �— 'DOS daAVSaMT1 PUBLIC HEARING (APPLICATION NO, 93014) Chairperson Sander opened the meeting for the purpose of a public hearing to consider a Comprehensive Plan amendment to change the land use designation of area no. 28 listed on table 14 and figure 15 of the band Use Plan at page 98 of the Comprehensive Plan as "commercial retail." She inquired if there was anyone present who wished to address the Commission. Jerry Techeny, 3606 -61st Avenue North, requested information about the specific landscaping and trees that would be installed adjacent to his property to provide screening and diffuse noise from the commercial property. Architect Phillips detailed the specific size, number and types of trees to be planted to provide screening in are overlapping manner including retaining existing trees and adding spruce, cottonwood and elm trees. CLQSE PUBL HEARING There was a motion by Commissioner Mickelson seconded by Commissioner H to close the public hearing at 8:45 p.m. The motion passed unanimously. PUBLIC; HEARING (APP LICATION 92Q11) Chairperson Sander opened the meeting at 8:48 p.m. for the purpose of continuing a public hearing on the request to rezone the Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulcvard and the property immediately to the south at 6107 Brooklyn Boulevard to PUDIC 2, She inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and she entertained a motion to close the public hearing. CLOS P!JBLIC HEARING Therc was a motion by Commissioner Mickelson and seconded. by Commissioner Holmes to close the public hearing at 8 :49 p.m. The motion passed unanimously. The Secretary brought the Commissioners' attention to Application No. 93014 requesting preliminary plat approval to combine the BroQkdaie Chrysler Plymouth dealership property at 6121 Brooklyn Boulevard with the property immediately to the south at 6107 Brooklyn Boulevard into a single parcel, Commissioner Holmes inquired whether the applicant has contacted the owner of the prop ty loca ted at 6101 Brooks Boulevard, Mr. Bartram stated the owner has expressed ro er }'I' a g r eed interest in the sale of his property and if favorable terms can be mutual a �' upon, Bartram would consider purchasing that property to be used to expand his parking area. Discussions with two other homeowners by the park have also occurred, however, Bartram stated if he would purchase those, they would remain residential or the City may wish to consider the properties for expansion of the park. 10 -28 -93 3 ° t PUBLIC-HEARING (APPLICATION NO. 93014) Chairperson Sander opened the meeting at 8:52 p.m. for the purpose of a public hearing on a request for preliminary plat approval to combine the Brookdale Chrysler Plymouth dealership property at 6121 Brooklyn Boulevard with the property immediately to the south at 6107 Brooklyn Boulevard. She inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and she entertained a motion to close the public hearing, CI.QSE PUBLIC HEARING There was a motion by Commissioner Mickelson seconded by Commissioner Holmes to close the public hearing at 8:53 p.m. The motion passed unanimously. PINING COMMISSION RESQLUTION NO, 93 -01 Member Mickelson introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO, 93 -01 RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED ALONG BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Willson and upon vote being taken thereon, the following voted in favor thereof: Chairperson Sander, Commissioners Holmes, Mickelson, Reem and Willson and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. PLADR4 -ING COMMISSION ESOLUTION Nt7,__93 -02 The Secretary recommended that condition 13 of Application No. 93011 be re- written to indicate the plans shall be modified to provide screening along the south portion of the property where it abuts with 6101 Brooklyn Boulevard; to provide a gate in the driveway west of the proposed addition; and to provide lighting of a high cut off type located so as not to cause light glare on adjacent properties and condition 12 be re- written to include the following language: "The City Council may extend the deadline in the event the Brooklyn Boulevard Enhancement Study is not completed by this rime." Member Mickelson introduced the following resolution which is consistent with the unanimous recommendation of the West Central Neighborhood Advisory Group and moved its adoption; PLANNING+ COMMISSION RESOLUTION NO. 93 -02 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 93011 SUBMITTED BY BROOKDALE CHRYSLER PLYMOUTH The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Reem and upon vote being taken thereon, the following voted in favor thereof. Chairperson Sander, Commissioners Holmes, Mickelson, Reem and Willson; and 10 -2893 4 the following voted against the same: None; whereupon said resolution was declared duly passed and adopted, ACTION REQQMMENDING APP.BOVAL OF APPL I C ATI O N N.O. 93014 (BR QKDALE CHRnL R PLYMQVTH) Commissioner Willson inquired what the effect of Watershed Commission disapproval would Dave on this application. The Secretary stated efforts would be made to resolve any conflicts; however, resolution No. 93 -02 could not remain in effect, but Resolution No. 9;3- 01 would remain in effect, There was a motion by Commissioner MickeIson seconded by Commissioner Willson to rec roval of Application N 93014 submitted b Brookdale C Ply a o. 1 ?p Y rY Y for preliminary plat approval to combine the dealership property at 6121 Brooklyn Boulevard with the property immediately to the south at 6107 Brooklyn Boulevard, 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 which may include the need for subdivision agreement regarding additional costs for utility service lines and hook ups. 3. The applicant shall apply for and receive the necessary approvals from the Shingle Creek Watershed Management 1 plat appro b the Ci Commission prior to a ement C� h' g P P PP Y Council. 4. The applicant shall receive approval of Planning Commission Application No. 93011 and shall have entered into any necessary development agreements prior to final plat approval and the filing of this plat with Hennepin County. Voting in favor; Chairperson Sander, Commissioners Hilstrom, Holmes, Johnson, Mickelson, Reem and Willson, Voting against; none. '1'he motion passed. The Secretary indicated these items will be considered by the City Council at their No vember 8 s 1993 meetin g Notices will be marled to affected residents. Commissioner Willson expressed thanks on behalf of the Commission to the applicant for his forbearance with the process related to his application. QTHER BUSINESS The Secretary reviewed the agenda for the Commissinn's next meeting on November 18. The Secretary urged the Commissioners whose terms are expiring at year -end to communicate their intentions regarding re- appointment to the Mayor as soon as possible. It was noted the next meeting of the Brooklyn Boulevard Enhancements Task Force will be at 7 p.m., November 9, in the Council Chambers at City Hall. 10 -28 -93 5 The Secretary responded to Commissioners` questions regarding the status of the proposed ,park and Ride. Commissioner Reem inquired why the Planning Commission has not had an opportunity to consider the issue. The Secretary stated the Council conducted a public hearing because property acquisition is involved and Planning Commission review may be necessary. The Secretary briefly reviewed the status of various business relocations and commercial construction and remodeling activities. The Commissioners requested thot information packets for Commission meetings be delivered to them in a more timely manner in order to allow adequate time for review and study of the materials. The Secretary described the process and procedures related to the preparation of the information and indicated that a summary information sheet will be prepared for delivery to the Commissioners in advance of the final materials but that it is almost impossible to get Commissioners full agenda packets before the Tuesday prior to a Commission meeting. ADJQjjRNIVIEIVT There was a i n h Commissioner Mickelson seconded b mot o Y Commissioner Holmes to y adjourn the meeting of the Planning Gommission. The motion passed unanimously. The Planning Commission adjourned at 9 :22 p.m. Chairperson Ella Sander Recorded and transcribed by: Arlene I i. Bergfalk T1meSaver Off Site Se cretarial 10 -28 -93 6 PLANNING COMMISSION INFORMATION SHEET Application No: 93014 Applicant: Brookdale Chrysler Plymouth Location: 6121 and 6107 Brooklyn Boulevard Request: Preliminary Plat The applicant is requesting preliminary plat approval to combine the Brookdale Chrysler Plymouth property located at 6121 Brooklyn Boulevard with the property immediately to the south at 6107 Brooklyn Boulevard to create a larger single parcel for the purpose of accommodating an expansion of the automobile dealership. An application requesting rezoning of the combined parcels to PUD /C2 and the approval of site and building plans for the expansion as a planned unit development is currently being considered under Planning Commission Application No. 93011. This application should be considered a companion application to Application No. 93011 and must be approved in order for the planned unit development proposal to proceed. Conversely, the approval of the planned unit development must also be accomplished in order for the combination proposed by this application to proceed to final plat approval and filing with Hennepin County. The proposed plat, which we assume will be known as Chrysler Motors Corporation Third Addition, will contain one lot which will be 5.13 acres in area. The existing Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulevard is 4.47 acres while the property at 6107 Brooklyn Boulevard which currently contains a single family home, is .66 acres. Five foot drainage and utility easements will continue along the south property lines of the new plat. An existing utility easement which runs along the old north property line of 6107 Brooklyn Boulevard will need to be vacated. This easement is in a location which would mean the addition to be built would encroach on this easement, if it were not vacated. There are no utilities existing within this easement. A ten foot sidewalk easement along the Brooklyn Boulevard side of the Chrysler Plymouth dealership, as well as a five foot sidewalk easement on the Brooklyn Boulevard side of 6107 Brooklyn Boulevard will continue with the new plat. The primary concern of the Engineering Department is the manner in which existing utility lines are disconnected and /or abandoned and new utility lines for the proposed building would be installed. Because the plat is over 5 acres in area, it must be reviewed by the Shingle Creek Watershed Management Commission and is subject to compliance with its regulations. Watershed review and approval should be accomplished prior to final plat approval by the City Council. A public hearing has been scheduled and notices of the Planning Commissions consideration appeared in the Brooklyn Center Sun /Post. 10 -28 -93 -1- Application No. 93014 continued The relimina plat appears to be in order and approval is recommended subject to at least the P �' P PP PP J 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 which may include the need for subdivision agreement regarding additional costs for utility service lines and hook ups. 3. The applicant shall apply for and receive the necessary approvals from the Shingle Creek Watershed Management Commission prior to final plat approval by the City Council. 4. The applicant shall receive approval of Planning Commission Application No. 93011 and shall have entered into any necessary development agreements prior to final plat approval and the filing of this plat with Hennepin County. 10 -28 -93 -2- PLANNING COMMISSION INFORMATION SHEET Application No: 93011 Applicant: Bill Bartram on behalf of Brookdale Chrysler Plymouth Location: 6121 Brooklyn Boulevard and 6107 Brooklyn Boulevard Request: Rezoning /Site and Building Plan - PUD /C2 The applicant is requesting rezoning and site and building plan approval for a commerce planned unit development proposal on two parcels of land, one containing the Brookdale Chrysler Plymouth dealership addressed as 6121 Brooklyn Boulevard and the other property immediately to the south that currently has a single family home located on it and is addressed as 6107 Brooklyn Boulevard. The purpose of the proposed action is to combine the two parcels of land, demolish the existing single family home and expand the Brookdale Chrysler dealership. The expansion would consist of a two story building addition attached to the south side of the current Chrysler Plymouth building to provide for customer repair write up space, car preparation or oil change stalls, customer lounge, rest rooms, general office space and records and parts storage. The Brookdale Chrysler Plymouth dealership at 6121 Brooklyn Boulevard is currently zoned C2 (commerce). The property to the south at 6107 Brooklyn Boulevard is currently zoned C1 (service /office) and contains a legal, nonconforming single family home and accessory building. The rezoning of these two properties would be to PUD /C2. The land in question is located on the westerly side of Brooklyn Boulevard, south of 62nd Avenue North. It is surrounded on the north by 62nd Avenue; and the east by Brooklyn Boulevard; on the south by property at 6101 Brooklyn Boulevard, which is zoned C1 (service /office) and also contains a legal, nonconforming single family home; also on the south are two single family homes facing 61st Avenue North which are located in an RI (single family residence) zoning district; on the southwest by Wangstad Park; and on the west by the Ewing Square Townhomes, double bungalows and single family homes. A planned unit development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the planned unit development. The rules and regulations governing that district (in this case C2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing redevelopment problems and the regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. This application was originally considered by the Planning Commission at its meeting on August 26, 1993, at which time the applicant's request, his written proposal relating to the City's rezoning evaluation policy and review guidelines, and his preliminary plans were all considered. The Commission opened the public hearing and took comments from persons in attendance at 10 -28 -93 -1- Application No. 93011continued that meeting. After reviewin g that matter further, the Commission took action to continue the public hearing, table further consideration of the matter and referred it to the West Central Neighborhood Advisory Group for review and comment. The West Central Neighborhood Advisory Group met to consider this matter at the Brooklyn Center City Hall on September 30, 1993. Attached for the Commission's review is a copy of the Neighborhood Advisory Group minutes from that meeting. After review, discussion and input from persons in attendance, the advisory group unanimously recommended approval of the proposal to the Planning Commission. There had been discussion about possible light glare and noise from the proposed expansion and concern that there be appropriate screening along the south property line of the expanded site where it currently abuts with a nonconforming single family home which is being utilized for single family purposes. The applicant indicated he would provide screening in this area. Attached for the Commission's review is a copy of the information sheet for Planning Commission Application No. 93011 which was presented on August 26, 1993, and an excerpt from the August 26, 1993, Planning Commission minutes relating to this application. The applicant has submitted a revised landscape plan indicating how they propose to screen the area where the property abuts with existing R1 zoned and used property. A driveway leading from the service write up area of the proposed new addition to the general vehicle service area in the existing building encroaches into an area which had been part of a buffer area and is located to the southwest of the existing Brookdale Chrysler Plymouth dealership. This driveway would be 15' wide at its narrowest point and should be used only for moving vehicles on the site between the write up area and the service bays. To assure this, we would recommend that a gate be installed in the driveway west of the proposed addition, next to the row of parking to prevent customer traffic from wandering into this area. It should also be noted that lighting for this driveway and the corner of the building will be located on the inside side of the walls facing towards the building so as not to cause light glare in adjacent properties. One light would be located on the existing 8' high wall west of the existing building while two others, in the area where the driveway is the narrowest, would also be mounted on an 8' high screen wall and also be facing inside. Lighting on the south side would be on poles and would be a type that would have a high cut off and not create glare or light beyond the south property line. The site plan has also been modified to indicate a 15' greenstrip along Brooklyn Boulevard rather than the 10' greenstrip referred to in the original report. No new landscaping has been indicated along Brooklyn Boulevard. Like with the consideration of the Ryan Olds addition, we would recommend that a landscape plan for this area be deferred 10 -28 -93 -2- Application No. 93011continued for up to one year until the Brooklyn Boulevard Enhancements Task Force has had an opportunity to make recommendations that may lead to adopted standards along Brooklyn Boulevard. It is expected that a landscape plan will be submitted for approval by the City consistent with those guidelines. Such a condition should be a part of the approval. COMPREHENSIVE PLAN A public hearing has been scheduled for the Planning Commission the consider a Comprehensive Plan amendment. The City's rezoning evaluation policy and review guidelines require all rezonings to be consistent with the City's Comprehensive Plan. Table 14 and figure 15 of the City's Comprehensive Plan relating to land use revisions, recommend that the area of the Brookdale Chrysler Plymouth dealership and the two lots to the south of it (6107 and 6101 Brooklyn Boulevard) be either a service /office or a mid density residential zoning designation. The proposed PUD with a C2 (commerce) underlying zoning designation is not consistent with that recommendation. Therefore, a Comprehensive Plan amendment must be accomplished in order for the City to allow the proposed rezoning. It is recommended that the land use designation for this area be changed to commercial retail which would allow the proposal to proceed. This recommendation also includes carrying that recommended designation to the property located at 6101 Brooklyn Boulevard as well. This property is currently zoned C1 but it might be more appropriate to allow it to be developed C2 in the future if necessary. The designation of commercial retail in the Comprehensive Plan would not adversely affect this property as the current C1 zoning designation allows service /office uses as permited in the general commerce zoning district as well. It should be noted that the principle justification for amending the Comprehensive Plan lies with two studies which have been accomplished over the past few years involving Brooklyn Boulevard. The most recent study was one entitled the Brooklyn Boulevard Redevelopment Study which was conducted by Dahlgren, Shardlow and Uban, Inc. (BSU) and was completed and accepted in March of 1993. This study does encourage the expansion of Brookdale Chrysler Plymouth and to provide for the expansion needs of individual businesses. The Maxfield Commercial and Industrial Study which was prepared in June of 1991 acknowledges the viability of the Brooklyn Boulevard car dealerships and recommends that expansion be allowed. This study also points out the over saturation of office space in this area and the fact that there will not be a demand for office development in this area. This lessens the likelihood of seeing the area of the Brookdale Chrysler Plymouth and neighboring properties being developed into a large office complex. These studies become a good planning basis for allowing an amendment to the Comprehensive Plan to acknowledge general commerce land use generally in the area and a specific expansion of the Brookdale Chrysler Plymouth specifically under a planned unit development process. PUBLIC HEARINGS The public hearing for the PUD /C2 rezoning and site and building plan has been continued until Thursday evening, October 28, 1993. A Comprehensive Plan amendment public hearing is also 10 -28 -93 -3- Application No. 93011continued scheduled for the same evening s well as a public hearing relating to the preliminary la g P g g P �' P t considered under Planning Commission Application No. 93014. All of these hearings should PP g be specifically held with separate actions to consider and close each hearing. Attached for the Commission's review is a draft resolution amending the City's Comprehensive Plan. Also attached is a draft resolution regarding the disposition of Planning Commission Application No. 93011 which would recommend approval of the PUD rezoning and a list of conditions relating to the approval of the development plans. Recommendations regarding the preliminary plat under Application No. 93014 can be found with the report for that application. 10 -28 -93 -4- CITY OF BROOKLYN CENTER Council Meeting Date 11 -8 -93 Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** i ITEM DESCRIPTION: Planning Commission Application No. 93011 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. ROVAL: RONALD A. WARREN, PLA NING AND ZONING SPECIALIST MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Planning Commission Application No. 93011 submitted by Brookdale Chrysler Plymouth is a request to rezone the Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulevard and the property immediately to the south at 6107 Brooklyn Boulevard to PUD /C2 and to approve a Planned Unit Development proposal for an expansion of the car dealership. This application was considered by the Planning Commission at its August 26 and October 28, 1993 meetings. Attached for the Council's review are minutes and information sheets from those meetings, an • area map showing the location of the subject site, site plans indicating the nature of the proposed expansion, a letter from the applicant, William J. Bartram, addressing the rezoning evaluation policy and review guidelines, a copy of Section 35 -208, which is the rezoning evaluation policy and review guidelines, a copy of Section 35 -355 regarding Planned Unit Development, a copy of Table 14 and Figure 15 from the Brooklyn Center Comprehensive Plan, a copy of the West Central Neighborhood Advisory Group meeting minutes from September 30, 1993 and copies of Planning Commission Resolution No's. 93 -1 and 93 -2. A public hearing was held by the Planning Commission on August 26, 1993 and continued to October 28, 1993 regarding the Planned Unit Development proposal. A public hearing regarding a proposed Comprehensive Plan amendment was also held by the Planning Commission on October 28, 1993. There are three actions being requested of the City Council relating to this application 1) a resolution amending the City's Comprehensive Plan; 2) a resolution regarding the disposition of Planning Commission Application No. 93011; 3) an ordinance amendment Regarding the Zoning Designation of Certain Land. The Comprehensive Plan Amendment requires a two- thirds majority vote of the City Council for adoption. Recommendation The Planning Commission recommended approval of a Comprehensive Plan amendment under their Planning Commission Resolution No. 93 -1 and recommended approval of Planning Commission Application No. 93011 under their Planning Commission Resolution No. 93 -2. The ordinance amendment Regarding Zoning Designation of Certain Land is a housekeeping amendment to the Zoning Ordinance which describes the land within the various changed zoning designations. Y lab poll " 1111111 1 11111 �` �� ii �i iii � �� �� ■ �►�' • �� �� � � ice' i'� . O� � • 1 . lions 1111 11111 �111� �Gi O WA � ��� ;� : � �� • �� 1� IIIIYIIIII X1111 �% � '' t �♦ 1111 I 0 LU / P^<4ROr' ✓L•� -L l ( v'r -�+. rnd wJ-� Q ll��J.J Q Z c�zl5nivu `I• ,a W _.- !secilGJ b O Z Z _ o > xcrE.ario 'n+tiwNkLL �. ~ O 0= O O Y J 4• f� `L t rw�rµ�ti . pusnuo t,c.�., � NO z m ,, PHILLINS•KLGIN Ate e t (•ur ILL IRc General GaWedorLArtiVeKte ,BTINQ OLUHHYWIRZA9 'ro f ' rrr e North Fun Sw , Sane 334 LEGEND _ _ inNV CUF6 aa M' <� is nw swot KEY -OTY COMMON NAME !11/ �. 9.W+K'm't.FH.tf.1AJ.1 W e�1t•F IMe.py eertry in.��n� .n.pee I ma�or. —I y direct a upenlelon n'1 b 1 - T3V bi I H� ro *SKrnn� . d in.l I • e h r 91.I.reO n'xetv.au G�vJeShRea zn• r R •, • cicrExY ws.� r . - wDlu w . r �, (. - RJN (I7IJEYLCEU�r I h. • _ 1 PROPOSED X11. D XEPLNt IC.r•jlur S �+L Q e`l1 ADOITION �� _c.�Y"cLV V eJiW.lc�.oDmnu �va v� -f TI T ' l , T c7t`( >r- xervl.l neex •tnuK ire.(. os�:✓n_ ma _ _- {II (SE•el*T w p�9 s 9 rD1 "1 /T9 /95 c.�TY MrROV,4� r- SCC RN•1 ySErn'1•I�CO IB' pvr _._ ru (OftlJT�LLhS � - C Cnecked By x�+ _ LK 17`N— Prolsci AO �1 � L • I ' n ^[HIK..+�s r+�Ert0.Y Wtl NCtF. LH'Y"y -Kiv Mm sTb HbIC lkJaswrO�h-0 `Jiu�n'lt.c5 _ �..� _ x'-✓ , .. == � /I�. — 11JCUt�yJtl�if�S F� SITEPLAN 'DUI _ --- --- -- --- ------ o -- — -- 64nd AVE. N. x...x..... .w i l .T�FFN F�'—TAIL SEWER /• o % _ O ERDSON CONTROL I NLET DE TA IL CI O T , y L ' * \ NORTH BROOKDALE CHRYSLER PLYMOUTH GRADING PLAN 3 JBMY N pwsoam x [,iµxw. 8121 BROOKLYN BLVD. BROOKLYN CENTER, MN. v,aa., -sA.as .. ZIOz�,o.2a 4 „ 62nd AVE. N. _.. L M __,—_ —� ..L: ,/�•• � !�:'r'x. ":r• I -` ...." j`0.rnr<. •._.. i �.,, ....... W V� CATCN B951N (MM. DEPTH 4.51 1e �..��L. ..... .... ....... vA • c � Q souM SEwEe GPiC"Ba5 oLf \ :.... CD _ _ ............... ir / Z o ..l ., .._...... / O — t SUMP C4TCH BASIN MANHOLE �y\ NORTH BROOK ALE CHRYSLER PLYMOUT UTILITY PLAN D PL 4 ' 41A"K�I BTYI BROOKLYN BL` /0. •” � , -�� � "" �- a ZL �� � LI$L°� �• , •..rte , BROOKLYN CENTER. MN 4 � •I If IY� "• 10487 rICYf M'Vml(Tl ✓:::xl'TI.IL fLIIF } -il -1 C: r I_� ( J �_ K C I A 1 1 I I I FTTTTl '' -- & - - - -, � Brookdele Chrysler Jeep Pw.. _ I L 1 �1� r Q - -- 4 EAST ELEVATION o O Z W Z 4 D F- O >- Z } J W Y U p�_nw sic.µ ro x,MniH F- 0 Z } _ _ - -- �osrookdele, Q O m Y LL � Q � —0 LU X - ._ Z Qzl Q m PHILLIPS-KLEIN (:ompanics, Inc 'SOUTH ELEVATION c �cacawaawws 6 M, NpM , M sReel. Sane 334 �Murlaapol s. MN 55401 I nereny cen11111 nl•en •pec n Ikellon, o preperae ey pars e p1 11 1 11 y .ppeni•Ip. o is I epl uel.m�ee uwu «m�ominemw•onne om. of Mlnns•olt ' loos /Revlaipn '�/1ry9"s Ch'I F�ov� Drawn By Cnecke0 By Proecl No. rA " 11' 1 11 W GENERAL F& I F 0 MNOR. MNGR. rryyI ❑ ( I l fl 7 �y rS�1 MR NO. F i 1 1.0 �Rll TRAININROOM i EXISTING SHOWROOM 11 (REMODELED) D - - Y•.n,w Q 7v O `� V MEN, W MEM {. txorx nQ CASHIER < 'LOUNGE WRITE-UP PHILLIPS•KI \ COUNTER r�xtsrwhTtr'R (brn(tania, Caenerxl CMVac1a5/ArClvIBCL' 708 N F" S—, Sol. 334 '4 Mllxleapolis. MN 55401 ,1 341 -3081 9ERVICE WRITE -UP l nxrxevcandv m.l n,. r,,.�ecxc, " uc.om, or roaoH... vrxoarxd or . "dxr mr mr.cr a�oem,�m I - cn acmmermx,.waumxslwa of Mlnnxxola. � e I - — V u �OUICK SERVICE y Drawn Gy m w�.e., cnxcaxd ev LUBE BAY TUBE BAY O MAIN FLOOR PLAN voz= A .......... O �� r• ,� 4w� LI �. �,�•h� PAr�rs 1 `—' DEALER I I � +u UPPER i OFFICE 1 LOBBY PHILLIPS-KLEIN G— panins, Inc # General COnbactors�Ar fwN J I 700 Math Post Sneer, Su 334 _. _ 10- -pdis, MN 55401 GENERAL OFFICE 3413381 A nsraEy ronity tna lm• p- I— a Ikatbn, or rsport . praparu0 Uy u�� antler my tllr xt aupervlaion PARTS STORAGE —� ana tnai tluN rapieieratl I � OFFICE I U. • n a anal I n .tale MNOR. of r I r i ! laaus /Favlsion or..e By Ch.,— cn.c B LUBE ROOM FILE STORAGE D-1— e UPPER FLOOR PLAN -j i o Q k r . � (J•ru -MAN �_._ Inllnutn'f o 10 Lij � o� 0z � 0> bti z� V (r 0 _� oo o. t , z , cm -� C p o H mpmr I IN S c -IQ,F.IN �5 �� wt..0 �HhY19JEE7�! . LEGEND M pd Fast 554 srnea3+ r x.4 1-3081 MN 554 I .,,.�, ruRe �I Goal KEY-OTY COMMON NAME 812b �� it 5:#.JnYR11MO.FA,Y/ IMre c my , .,y m. pl•n•wc 4U s py Ik. p or raporl .. 1" prewretl Dy A - -LS iLlJ.1 4�tcYFLIIBWC 6 -b�+• F - n pear eo-x pant. on 4 � �.ryl�rr Sr.+i.. =^a° p: °c. �oPOeeo .�.�FCn� E.,.�.,.er u.�..u: a.m- w:..p:.,.q'1G�_ y ADOMN ! wpvvaa 1.1w c1*`(APF r - xa -YLJV KtlCfiJ•lo[,P la C-1 1�1 71-119 —Y W- +q / v or.we By • L6" �� cn.cxstl By T, GIT ��' N{,ICD(Jicery r I• �I �i��JtN Probcl NO. (� IN, PM r♦� XTAreI� AtL h l I Tr� I k4 n'xv<x �, s» •cxunr�e• , v�'R f'TT � ALTERNATIVE SITE _ PLAN _,.-,,,,, Q AT • O (1 1 1 • r.w I1^IIJ�UIfIII 1 :z � • s Q a cam. _ L�J i`y Y ? KZ t l—� Z v , �y O 0 07 ¢ G2i.00 vats / `r 1- ° �. O c y Z � � w ° � O O- IL m '' mss.. ril PHILLIPS-KLEIN �` /.u/y. ►"� �H yea 7001 wn wN Sb. S r xu • Jo igw , _PLANTING SCHEDULE KBY.BTT BBYroB NAW NZZ fj A SCC RAN COLORADO SUL 4 - O ry PLAN 2 K' H� y l f dw Na 9504 D Y PLA C NCi PLAN NONCYLOcof IV D f Z PLAN - '.IUILHt nINT 1ML ,IULIf J'Wrti C KZ PLAN n=! f1AAK IG4, A, w� NORTH BROOKDALE CHRYSLER PLYMOUTH '•ao' AaiA ti.N 0121 BROOKLYN BLVD. BROOKLYN CENTER, YIN. 10AB� BROOKDALE CHRYSLER 0 PLYMOUTH E ] JEEP-EAGLE 6121 BROOKLYN BOULEVARD • BROOKLYN CENTER, MN 55429 • (612) 535 -5200 July 27, 1993 Mr. Ron Warren Director of Planning & Inspections City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Rezone Request - 6107 Brooklyn Boulevard Dear Mr. Warren: Brookdale Chrysler Plymouth Jeep Eagle, which is owned by William J. and Irene S. Bartram, has operated a car dealership at 6121 Brooklyn Boulevard for the last 15 years. Over the years our business has grown and we are now very crowded in our current building. In 1990 William and Irene Bartram purchased the property on the south side of the dealership, 6107 Brooklyn Boulevard. We would like to consolidate the 6107 property with the dealership property and build an addition onto the dealership building. We need additional space to the requirements of the Americans Wiith r Act. Our meet current facility was built in the 1960s when customer service standards were far lower than they are today. We are currently writing customer repair orders in the congested mechanical repair area. Our customer waiting lounge is much too small. Our restrooms do not meet A.D.A. requirements. Our office space, record storage and parts storage space is very cramped. In addition to these space constraints our building was constructed with four steps between the show floor and the waiting lounge and restrooms. Anyone confined to a wheelchair must be taken outside and brought through the g g service dep artment to use the restrooms. The interior of our building can not accommodate ramps to meet A.D.A. � requirements. ments. additional space. q We need PROPOSED BUILDING ADDITION We are proposing a two story addition to the south side of our building. Each floor or would be approximately 4,900 square feet. The facility would provide two lanes of customer repair order write up space, two car preparation or oil change stalls, an adequately sized customer lounge, A.D.A. restrooms, a coffee and vending area, an A.D.A. ramped hall connecting the show floor level with the service level, general office space, a records storage room, a meeting room and parts storage. •u,wo.io o<iE. CHRYSLER rrno.• oomnvnn, ZONING The 6107 property is now zoned C -1. We are requesting that the property be rezoned to C -2 so we may apply for a special use permit to use the property as part of an automobile dealership. COMPLIANCE WITH GUIDELINES The City has rezoning review guidelines. In addition the City had the Brooklyn Boulevard Redevelopment Study (the "study ") completed in March 1993. I believe that the requested rezoning meets the review guidelines for rezoning and complies with the recommendations from the study as follows. Is there a clear and public need or benefit? Our customers are members of the public and they are entitled to quality facilities to serve them. Further the study sites the need to consolidate small parcels along the boulevard to allow further development to occur. The public will be benefited by a reduction in the number of curb cuts on the boulevard and by new landscaping along the boulevard on both parcels. We would like to be the first application of the "streetscape" recommended in the study. Further public benefits are the improvement and expansion of a local employer (annual payroll over $2,000,000), additional jobs in the community, and a substantial investment in upgrading the boulevard. Is the proposed zoning consistent with and compatible with surrounding land use classifications? The zoning would be the same as the largest parcel adjacent to the subject property. If the owner of 6101 wished to change the zoning on that parcel also the entire block facing the boulevard would be consistent. The compatibility of the C -2 and the R -1 parcel to the west is a question. However, an effective screening would be placed to minimize the impact on the R -1 parcel. It should be noted that the R -1 parcel abuts C -2 property currently. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? The subject property is zoned C -1. Current requirements for developing a C -1 parcel require a minimum lot size of one acre, the subject property is approximately 0.7 acres and is not developable unless it is combined with an adjacent parcel. The study recommends focusing on 3 acres or larger parcels for economic development (page 50). The combination of these parcels will result in a 5 acre parcel. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive Planning; 2) the lack of developable land in the proposed zoning district; or 3) the best interests of the community? The requested rezoning would result in an expansion of the C -2 zoning district which I believe is warranted by the (a) lack of developable land in the zoning district and (b) the best interests of the community. I believe the community's interest is served by development on the boulevard, an improved "streetscape" along both parcels on the boulevard and providing for the expansion of an existing business and local employer. The study lists as one of the recommended goals (page 13) to "provide for the expansion needs of individual businesses...", the community benefits when our local businesses are successful and growing. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? I believe the rezoning will serve the community interests as well as those of our business as discussed above. THE BROOKLYN BOULEVARD REDEVELOPMENT STUDY We are very happy to see the City studying the boulevard. We agree that the boulevard is a very important resource for the City and a reflection of the quality of life in Brooklyn Center. We endorse the recommendations of the study, particularly the continuous streetscape treatment and placing utility lines underground. We want to apply the streetscape treatment to our boulevard frontage as part of this project. The boulevard needs redevelopment, the concepts discussed in the study will allow redevelopment to occur and to make the boulevard a source of pride in the City. We recognize that the study has not been adopted by the City at this time. However, we are requesting this rezoning now because of our critical need to add space as quickly as possible. We would appreciate approval of this request at the earliest possible time. Sincerely, William J. Bartram President 35 -202 2. Coordination with Other Agencies. In the performance of its planning activities, the Planning Commission shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in a development evelopment of the comprehensive municipal plan. Furthermore, the Planning Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. Section 35 -208. REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning b Ordinance, and for this purpose, by the adoption of Resolution No. 77- 167, the City Council has established a rezonin g policy evaluation olic and review guidelines. 2. Policy It is the policy of the City that: a) zoning classifications must be consistent with the Comprehensive Plan, and b) rezoning proposals shall not constitute "spot zoning ", defined as a zoning decision which discriminates in favor of a particular landowner, and does not relate to the Comprehensive Plan or to accepted planning principles. Section 35 -355. PLANNED UNIT DEVELOPMENT. is Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD - MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD- MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. C. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD - MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 35 -355 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35 -400 to 35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. C. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. 35 -355 e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of Land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. Subdivision 5. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning 1 nnin and I g Inspection on such forms and accompanied p by such information and documentation as the City may deem necessary y y or convenient but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. 35 -355 b. The Planning Commission shall hold a P ublic hearin g on the P e develo ment p lan. Notice of such ub " p lic hearing shall be P ublished in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35 -210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits es _ established by Section 35 210 of this ordinance. C. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: I. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed med necessary or convenient by the City o review the consistency tenc of y the proposed development with the P approved development PP P P The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of duelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. 35 -355 e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35 -230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. ho If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i_ Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 1SrC_00rcz �EN ?�rC �r+nPeE1l��uslV6 Yc �1v TABLE 14 Land Use Plan Revisions Location Number Recommended Land Use la. Mid- Density Residential or Public Land lb. Mid- Density Residential 2. Single - Family Residential 3• Commercial Retail 4. Commercial Retail 5• Mid- Density Residential 6a. Light Industrial 6b. Light Industrial 6c. Mid- Density Residential 7a. Single - Family Residential 7b• Public Open Space 8. Multiple - Family Residential 9• Commercial /Retail 10. Commercial /Retail 11. Mixed Use Development (Including High - Density, High -Rise Residential, Service /Office and General Commerce) 12. Mid- Density Residential /High Density Residential. 13. Mid- Density Residential 14. Single- or Two- Family Residential 15. Public Open Space 16. Public Open Space 17. Mid- Density Residential 18. Light Industrial 19• Commercial 20. Low - Density Residential 21. Service /Office 22. Low - Density Residential 23. Service /Office /Mid - Density Residential 24. Service /Office 25. Service /Office /Mid - Density Residential 26. Service /Office /Mid - Density Residential 27. Service /Office /Mid - Density Residential 28. Service /Office /Mid - Density Residential 29. Commercial Retail 30 Mid - Density Residential /Service /Office 31. Service /Office /Mid - Density Residential 32. Mid- Density Residential /Service /Office 33• Mid- Density Residential /Service /Office 3 Mid- Density Residential 35• Commercial Retail 36 . Mid - Density Residential /Service /Office 37• Mid- Density Residential 38. Single - Family Residential 39• Service /Office 1 40. Commercial Retail 41. Service /Office 42. Mid- Density Residential 98 F 1s +' 1b Lj ! ILA i a D a F F° � REFERENCE NUMBER Land Use Plan Revisions JiL V I LDJT(D�Vn fi I Comprehensive Plan WEST CENTRAL NEIGHBORHOOD ADVISORY GROUP MEETING THURSDAY, SEPTEMBER 30, 1993 BROOKLYN CENTER CITY HALL Residents: Joseph Clark, 6043 Ewing Avenue N., Ray and Nora Koenig, 3807 Janet Lane, Pernell Reitan, 6049 Ewing Avenue N., Jerry Techeny, 3606 61st Avenue N., Jim Bucsko, 3600 61st Avenue N., Doua and Lee Vang, 6101 Brooklyn Boulevard Neighborhood Advisory Group: Patricia Weitzel, Mary Jo Danielson, and Bob Mickelson (Planning Commission Liaison) Staff: Ronald Warren Planning Commission Members: Bob Mickelson, Tim Willson, Diane Reem, Mark Holmes, and Bertil Johnson From Brookdale Chrysler Plymouth: Owner Bill Bartram, Architect Dave Phillips Recording Secretary: Kathy Stratton The meeting as called to order b Mr. Ron Warren at 7:37 .m. He explained h $ y p the format of the meeting would be quite informal and the purpose was to explain Application Number 93011 submitted by Brookdale Chrysler Plymouth, then open the meeting for discussion and solicit a recommendation from the Neighborhood Advisory Group. Mr. Warren explained the desire of Brookdale Chrysler Plymouth to combine its property with the property to the south (6107 Brooklyn Boulevard), demolish the existing single family home and expand the dealership. He said the expansion would include a two story building addition attached to the south side of the existing dealership building to provide for customer repair write -up space, car preparation or oil change stalls, customer lounge, festrooms, general office space and records and parts storage. He explained for this to occur the property would have to be rezoned to C -2 and cleared of the existing house and garage. Mr. Warren showed overhead transparencies with a map of the area, a site plan, floor plan, and landscaping details. Mr. Warren gave a brief history of the property including when and why it was zoned C -1. He also said the most recent study done on Brooklyn Boulevard questioned whether the City's ordinances are somehow causing an impediment to development. He indicated the Study found the car dealerships are viable uses of land; and the City should allow them to expand if it is feasible. 9 -30 -93 1 A member of the audience asked where driveways would be, what time of day traffic in the Y Y back of the building would stop, and what time parts were delivered. Mr. Bill Bartram explained how the traffic would flow and what times it would be heaviest, and said parts are now delivered between 2:00 a.m. and 5:00 a.m. He showed the part of the building they are delivered to now and explained that would not change. He also said operating hours are currently 6:30 a.m. to 2:00 a.m. and he has not had any complaints with noise. He asked the two closest neighbors if they are having any problems with noise or if they hear the parts being delivered. They said "no." Mr. Bartram explained the speaker system is not used after 9:00 p.m., and 90% of all activity at the dealership occurs before 9:00 P.M. Mr. Bartram showed a proposed plan for screening on portions of the southwest side of the addition. An audience member asked what would be between the proposed parking lot and the corner lot directly to the south. Mr. Bartram said there were no screening plans for that property line as of yet because it is zoned C -1 and the City es not require screening between two commercial properties. h' q g P P Mr. Warren pointed out the property to the south has a house on it and is being used as a residential property. He said perhaps the dealership should consider putting some type of screening there. Mr. Bartram explained he is currently talking with the homeowners individually about the possibility of acquiring their property as well. Commissioner Willson asked if Mr. Bartram was not able to acquire the corner lot would he consider putting some type of screening there? Mr. Bartram responded that would be reasonable. There was discussion about the narrowness of the driveway to the rear of the addition, how it would mostly be used by dealership employees, and how signage could be placed to discourage general public from using that part of the site. Ms. Pat Weitzel asked what the purpose of the tall wall in the north part of the parking lot was. Mr. Bartram explained he never knew for sure and that Mr. Christy had it built without it being in the plans. Commissioner Bertil Johnson commented it was installed to keep lights from shining into properties to the west. Ms. Mary Jo Danielson asked about lights in the new parking lot and what time the cashier shift ends. 9 -30 -93 2 Bill Bartram explained lights on the southwest wall would be mounted low and facing toward the building so as to only illuminate the driveway. He said light poles for the parking lot at the south were the type with high cut off so there would be no spill -over, and the cashier is on duty until 2:00 a.m. but parks in the north lot. Commissioner Holmes asked about the purchase of the Jeep/Eagle dealership and wondered if the plans of Brookdale Chrysler Plymouth were to stay in its present location or to move. Mr. Bartram explained he is simply way too short of space. He said the purchase of the Jeep/Eagle dealership was originally with the possibility of moving, but that site had inadequate parking, so they moved all the operations to the current site, which has made it even more crowded. He said if he cannot expand the current site he will have to move, but if he can expand, he plans on staying a long time, especially since the cost of expansion will be great. An audience member asked if the City of Brooklyn Center might start buying individual properties on Brooklyn Boulevard so they can be developed. Ron Warren explained there is currently a task force working on what should be done as far as enhancements to Brooklyn Boulevard. He stated that there have been a number of studies involving Brooklyn Boulevard since the mid- 1960's. He said for the most part the studies have indicated the need to pursue general commercial, or C -2 zoned land uses in these general areas along Brooklyn Boulevard - by Brookdale; at 63rd Avenue North; and in the area between the Freeway and approximately 70th Avenue North. In -fill development between the commercial nodes was to be multiple family and service office. B about 1980 P Y Y when the City was mandated to upgrade its Comprehensive Plan, the City was realizing that there was too much multiple family apartments and determined that service office uses and mid - density residential (townhouses) were better in -fill and buffer uses along Brooklyn Boulevard. More recent studies show that there is an over - supply and less demand for service office uses in the entire metro area and with respect to Brooklyn Boulevard auto dealership uses are viable uses and should be allowed and encouraged to expand when possible rather than be squeezed out because of zoning. He noted that there will be a need to consolidate parcels along Brooklyn Boulevard for redevelopment and the City may have to consider acquiring some to accomplish this. Commissioner Mickelson said he is also on the task force for Brooklyn Boulevard enhancements and at their meetings so far there has been representation from all the car dealerships, which shows favorably on their commitment level. A member of the audience said he remembered the focus from meetings in the 60's was not to make a "Lake Street" out of Brooklyn Boulevard. He said it has happened and he wished the City would have stuck to its intentions earlier as now it is too late. Mr. Bartram said that the Brookdale Chrysler Plymouth was a car dealership even in the 60's. 9 -30 -93 3 Ms. Weitzel asked the two residents on 61st Avenue if they had any problems with the proposal from Brookdale Chrysler Plymouth. One resident said he was concerned that the value of his property not go down, and wanted to be informed about what was going on, which seemed to be happening. The resident said it seems the new development with Brookdale Chrysler Plymouth is being handled professionally. Another resident said what he didn't like was when the Ewing Square apartments went in and he had not received any notice. Mr. Warren explained the area was zoned R -4 which permitted that type of housing and no formal notification was required. An audience member explained there had been a problem with lights several years ago when the Brookdale Chrysler Plymouth was owned by Jim Christy that took weeks to resolve. He stated his main concern the light problem wouldn't happen again. He also mentioned the existing buffer wall had not been maintained in the agreed upon "park- like" fashion, and there had been kids having parties back there. Mr. Dave Phillips explained technology has advanced so that lights now available are sophisticated in their ability to shine only where needed. He said you can literally see a line where the light stops. He also said any kind of trees can be placed by the new wall that will prevent foot traffic through the area. The audience thanked Mr. Bartram for having been much more reasonable than the previous operator was about maintaining the buffer area outside the wall and his willingness to accommodate their wishes. Mr. Bartram explained it's difficult for a business to buy properties one at a time since a whole acre and 150 feet of frontage are needed to change residential areas into commercial. He said one property owner may want to sell, but unless all his neighbors want to as well, nothing can be accomplished. He said dilapidated looking houses hurt the property values of everybody in the City including businesses. Mr. Vang asked if lights would reflect off the building into his home, which is the corner lot. Mr. Phillips answered the building would be made of a rock -cut block that is non - reflective and there are no windows on the south side of the proposed addition. Mr. Warren repeated that there is a possibility of some screening between these two properties, and if Brookdale Chrysler was going add such screening to their proposal they should do so before the next Planning Commission meeting. Mary Jo Danielson said she thought Brookdale Chrysler Plymouth appears to be very conscientious and considerate toward the neighbors directly adjacent to the proposed addition, and since it is unsightly to see an unoccupied home, she recommended the Planning Commission should give a favorable recommendation to grant a change in zoning of 6107 Brooklyn Boulevard to accommodate the dealership's expansion. 9 -30 -93 4 Pat Weitzel said she concurred. Commissioner Mickelson asked the residents if they were comfortable with the proposal. The general consensus of those in attendance was favorable to the proposal. Mr. Warren commented the City wants to meet the concerns of everybody involved, if possible, and it seems as if conflicts are being addressed and solved. He said if there were any other problems, they should be raised at this time since plans become more and more firm as they proceed. He explained the public hearing for this application will be continued at the Planning Commission meeting on October 28th and will go to the City Council after that for final review. He explained the applicant needs to apply for re- platting and the City needs to consider an amendment to its comprehensive plan. Commissioner Mickelson said if any further concerns surface between this evening and the next meeting, residents can feel free to contact him or Ron Warren or Mr. Bartram. There was a motion made by Commissioner Mickelson and seconded by both Mary Jo Danielson and Pat Weitzel to recommend the Planning Commission approve Application 93011 by Brookdale Chrysler Plymouth. The motion passed unanimously. The meeting was adjourned at 9:31 p.m. 9 -30 -93 5 Member Robert M i c k e l s o n introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 93 -1 RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED ALONG BROOKLYN BOULEVARD WHEREAS, the City Council on December 20, 1982, approved Resolution No. 82 -255, adopting the updated Brooklyn Center Comprehensive Plan; and WHEREAS, the plan's Land Use Plan at page 98 (table 14 and figure 15) designates area no. 28 as an area for service /office or mid - density residential land use; and WHEREAS, a proposal for a planned unit development with a C2 (commerce) underlying zoning designation has been submitted under Planning Commission Application No. 93011 comprehending a proposed expansion and redevelopment of the Brookdale Chrysler Plymouth site and the lot to the south at 6107 Brooklyn Boulevard; and WHEREAS, the City's Planned Unit Development Ordinance (Section 35 -355) requires that planned unit developments may only contain uses consistent with the City's Comprehensive Plan; and WHEREAS the Planning ommission desires to consider a Comprehensive Plan g P Amendment which would create consistency between the goals and policies of the Plan and the proposed redevelopment; and WHEREAS, pursuant to Section 35 -202 of the City Ordinances the Planning Commission has held a duly called public hearing on a draft Comprehensive Plan amendment at its October 28, 1993, meeting and has taken testimony relevant to the draft amendment; and WHEREAS, the Commission has considered the draft amendment in light of the Comprehensive Plan, the Planned Unit Development Ordinance, the need for flexibility in bringing about redevelopment of the Brooklyn Boulevard area and two studies conducted within the past two and one -half years favoring such redevelopment. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council, pursuant to Chapter 35 -202 of the City Ordinances, that City Council Resolution No. 82 -255 (Comprehensive Plan) be amended to designate area no. 28 listed on table 14 and figure 15 of the Land Use Plan at page 98 as "commercial retail ", based upon the following findings: 1. The Brooklyn Boulevard Redevelopment Study conducted by Dahlgren, Shardlow and Uban, Inc. (DSU) for the City of Brooklyn Center in March, 1993 encourages making all aspects of the Brookdale Chrysler Planning Commission Resolution No. 93 -1 Plymouth dealership conforming and to provide for the expansion needs of individual businesses along Brooklyn Boulevard. 2. The Maxfield Commercial and Industrial Study which was prepared for the City in June of 1991 acknowledges the viability of the Brooklyn Boulevard car dealerships and recommends that expansions be allowed. 3. The likelihood of service /office redevelopment is this area of Brooklyn Boulevard being undertaken in the immediate future is remote given existing and future market considerations. 4. A planned unit development designation will give the City and private property owners and developers the flexibility to approach the redevelopment needs in this area of the City in a manner that will enhance the neighborhood, the individual properties and the City as a whole. BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that the Brooklyn Center Comprehensive Plan be revised as follows: number 28 of table 14 on page 98 of the Comprehensive Plan regarding the Land Use Plan shall be amended from its current "service /office /mid- density residential" designation to "commercial retail ". October 28, 1993 Date Chairperson ATTE ' T: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Tim Willson and upon vote being taken thereon, the following voted in favor thereof: Sander, Holmes, Johnson, Mickelson, Reem, and Willson and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. Member Robert M i c k e l s o n introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 93 -2 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 93011 SUBMITTED BY BROOKDALE CHRYSLER PLYMOUTH WHEREAS, Planning Commission No. 93011 submitted by Brookdale Chrysler Plymouth proposes rezoning from C2 (commerce) and Cl (service /office) to PUD /C2 (Planned Unit Development/commerce) of the properties addressed as 6121 Brooklyn Boulevard and 6107 Brooklyn Boulevard; and WHEREAS, the proposal comprehends the combining of these two said properties, the demolition of a single family home on one of the properties and expansion of the Brookdale Chrysler Plymouth dealership all as a part of this application; and WHEREAS, the Planning Commission held a duly called public hearing on August 26, 1993, when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the West Central Neighborhood Advisory Group met to consider this matter on September 30, 1993, at the City Hall and unanimously recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 28, 1993, received a staff report, a draft Comprehensive Plan amendment, revised development plans, and took further testimony during a continued public hearing; and WHEREAS, the Commission considered the rezoning and the site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the comments relative to this property in the City's Comprehensive Plan; and WHEREAS, the Planning Commission has recommended to the City Council through the adoption of an advisory resolution that the City's Comprehensive Plan be amended to create consistency between the Plan and the proposed planned unit development concept presented by Brookdale Chrysler Plymouth. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 93011 submitted by Brookdale Chrysler Plymouth be approved in light of the following considerations: Planning Commission Resolution No. 93 -2 1. The rezoning will allow for appropriate redevelopment along Brooklyn Boulevard which is consistent with the needs and redevelopment _policies of the City. 2. The rezoning will allow for the development plan involving the expansion of the Brookdale Chrysler Plymouth dealership which can be considered compatible with surrounding land uses. 3. The development of the property in question will, for the most part, conform with City Ordinance standards. Variation from the buffer and setback requirements where the use abuts with single family residential uses is acceptable given the landscaping and screening plan submitted. 4. The property at 6107 Brooklyn Boulevard cannot be developed by itself under the current C1 zoning designation given the requirements for a minimum one acre parcel for service /office development on a major thoroughfare and must be combined with other parcels for redevelopment. Furthermore, the likelihood of service /office redevelopment in this area being undertaken in the immediate future is remote given existing and future market considerations. 5. The rezoning of the land and the accompanying development plans allow for expansion of an existing viable business along Brooklyn Boulevard consistent with recommendations contained in two recent studies for the City of Brooklyn Center. 6. Rezoning is consistent with the amended recommendations contained in the City's Comprehensive Plan. 7. The rezoning proposal demonstrates merit beyond the interest of the owner of the land in that it will provide a substantial upgrading of the site and upgrading of the physical character of Brooklyn Boulevard which is seen as a benefit to the Community. BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that approval of Application No. 93011 be subject to the following conditions and considerations: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. Planning Commission Resolution No. 93 -2 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas in the new addition area. 9. The applicant shall submit and as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. A storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. The applicant shall provide an updated landscaping plan within 12 months from the date of approval of this application consistent with the landscape recommendations which are forthcoming from the Brooklyn Boulevard Enhancements Task Force. The City Council may extend this deadline in the event the Brooklyn Boulevard Enhancement Study is not completed by that time. 13. The plans shall be modified to include the following: a. A minimum 6 foot high opaque screen fence along the south portion of the property where it abuts with 6101 Brooklyn Boulevard. b. A gate located in the driveway west of the proposed addition. Planning Commission Resolution No. 93 -2 C. Lighting along the south property line that will be a high cut off type so as not to cause light glare on the adjacent properties, particularly 6101 Brooklyn Boulevard. 14. The applicant shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney and executed prior to the issuance of any permits to include provisions relating to the above stated conditions. 15. Building permits for this project shall not be issued until the plat comprehended under Planning Commission No. 93014 has been given final approval by the City Council and filed with He epin County. October 28, 1993 Date Chairperson ATTE T: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commission Dianne Reem and upon vote being taken thereon, the following voted in favor thereof: Sander, Holmes, Johnson, Mickelson, Reem and Willson. and the following voted against the same: none. whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED ALONG BROOKLYN BOULEVARD WHEREAS, the City Council on December 20, 1982, approved Resolution No. 82 -255, adopting the updated Brooklyn Center Comprehensive Plan; and WHEREAS, the Plan's Land Use Plan at page 98 (table 14 and figure 15) designates area number 28 as an area for service /office or mid - density residential land use; and WHEREAS, a proposal for a planned unit development with a C2 (commerce) underlying zoning designation has been submitted under Planning Commission Application No. 93011 comprehending a proposed expansion and redevelopment of the Brookdale Chrysler Plymouth site and the lot to the south at 6107 Brooklyn Boulevard; and WHEREAS, the City's Planned Unit Development Ordinance (Section 35 -355) requires that planned unit developments may only contain uses consistent with the City's Comprehensive Plan; and WHEREAS, pursuant to Section 35 -202 of the City Ordinances the Planning Commission has held a duly called public hearing on a draft Comprehensive Plan amendment at its October 28, 1993, meeting and has taken testimony relevant to the draft amendment; and WHEREAS, the Planning Commission recommended adoption a Comprehensive Plan amendment by adopting Planning Commission Resolution No. 93 -1 on October 28, 1993; and WHEREAS, the City Council has considered the draft amendment in light of the Comprehensive Plan, the Planned Unit Development Ordinance, the need for flexibility in bringing about redevelopment of the Brooklyn Boulevard area and two studies conducted within the ast two and one -half ears favoring such P Y g redevelopment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center pursuant to Section 35 -202 of the City Ordinances, that City Council Resolution No. 82 -255 (Comprehensive Plan) be amended to designate area number 28 listed on table 14 and figure 15 of the Land Use Plan at page 98 as "commercial retail ", based upon the following findings: 1. The Brooklyn Boulevard Redevelopment Study conducted by Dahlgren, Shardlow and Uban, Inc. t ° r' Resolution No. (DSU) for the City of Brooklyn Center in March, 1993 encourages making all aspects of the Brookdale Chrysler Plymouth dealership conforming and to provide for the expansion needs of individual businesses along Brooklyn Boulevard. 2. The Maxfield Commercial and Industrial Study which was prepared for the City in June of 1991 acknowledges the viability of the Brooklyn Boulevard car dealerships and recommends that expansion be allowed. 3. The likelihood of service /office redevelopment in this area of Brooklyn Boulevard being undertaken in the immediate future is remote given existing and future market considerations. 4. A planned unit development designation will give the City and private property owners and developers the flexibility to approach the redevelopment needs in this area of the City in a manner that will enhance the neighborhood, the individual properties and the City as a whole. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Comprehensive Plan be revised as follows: number 28 of table 14 on page 98 of the Comprehensive Plan regarding the Land Use Plan shall be amended from its current "service /office /mid- density residential" designation to "commercial retail ". Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 93011 SUBMITTED BY BROOKDALE CHRYSLER PLYMOUTH WHEREAS, Planning Commission Application No. 93011 submitted by Brookdale Chrysler Plymouth proposes rezoning from C2 (commerce) and C1 (service /office) to PUD /C2 (planned unit development/ commerce) of the properties addressed as 6121 Brooklyn Boulevard and 6107 Brooklyn Boulevard; and WHEREAS, the proposal comprehends the combining of these two said properties, the demolition of a single family home on one of the properties and expansion of the Brookdale Chrysler Plymouth dealership all as part of this application; and WHEREAS, the Planning Commission held a duly called public hearing on August 26, 1993, when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the West Central Neighborhood Advisory Group met to consider this matter on September 30, 1993, at the City Hall and unanimously recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 28, 1993, received a staff report,a draft Comprehensive Plan amendment, revised development plans, and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 93011 by adopting Planning Commission Resolution No. 93 -2 on October 28, 1993; and WHEREAS, the City Council considered Application No. 93011 at its November 8, 1993, meeting; and WHEREAS, the City Council has considered this rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the comments relative to this property in the City's Comprehensive Plan; and WHEREAS, the City Council has taken action to amend the City's Comprehensive Plan to create consistency between the Plan and the proposed planned unit development concept presented by Brookdale Chrysler Plymouth. Resolution No. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 93011 submitted by Brookdale Chrysler Plymouth be approved in light of the following considerations: 1. The rezoning will allow for appropriate redevelopment along Brooklyn Boulevard which is consistent with the needs and redevelopment policies of the City. 2. The rezoning will allow for the development plan involving the expansion of the Brookdale Chrysler Plymouth dealership which can be considered compatible with surrounding land uses. 3. The development of the property in question will, for the most part, conform with the City Ordinance standards. Variation form the buffer and set back requirements where the use abuts with single family residential uses is acceptable given the landscaping and screening plan submitted. 4. The property at 6107 Brooklyn Boulevard cannot be developed by itself under the current C1 zoning designation given the requirements for a minimum one acre parcel for service /office development on a major thoroughfare and must be combined with other } parcels for redevelopment. Furthermore, the likelihood of service /office redevelopment in this area being undertaken in the immediate future is remote given existing and future market considerations. 5. The rezoning of the land and the accompanying development plans allow for expansion of an existing, viable business along Brooklyn Boulevard consistent with recommendations contained in two recent studies for the City of Brooklyn Center. 6. Rezoning is consistent with the amended recommendations contained in the City's Comprehensive Plan. 7. The rezoning proposal demonstrates merit beyond the interest of the owner of the land in that it will provide a substantial upgrading of this site and upgrading of the physical character of Brooklyn Boulevard which is seen as a benefit to the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 93011 be subject to the following conditions and considerations: 1. Building plans are subject to review and approval Resolution No. by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facility site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas in the new addition area. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. A storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. The applicant shall provide an updated landscaping plan within 12 months from the date of approval of this application consistent with the landscape recommendations which are forthcoming from the Brooklyn Boulevard Enhancements Task Force. The City Council may extend this deadline in the event Resolution No. the Brooklyn Boulevard Enhancement Study is not completed by that time. 13. The plan shall be modified to include the following: a. A minimum six foot high opaque screen fence along the south portion of the property where it abuts with 6101 Brooklyn Boulevard. b. A gate located in the driveway west of the proposed addition. C. Lighting along the south property line that will be a high cut off type so as not to cause light glare on the adjacent properties, particularly 6101 Brooklyn Boulevard. 14. The applicant shall enter into a development agreement with the City, to be reviewed and approved with the City Attorney and executed prior to the issuance of any permits to include provisions relating to the above stated conditions. 15. Building permits for this project shall not be issued until the plat comprehended under Planning Commission Application No. 93014 has been given final approval by the City Council and filed with Hennepin County. 16. Use of the property shall be governed by, and shall comply in all respects with, the requirements of the City's Zoning Ordinance with respect to the C2 zone with the following exceptions: a. A buffer of less than 35' where the property abuts with R1 zoned property is allowed but only in the areas indicated on the approved development plan subject to continuing compliance with the landscaping, buffering and screening indicated on that plan. b. The automobile service and repair operation is allowed to be expanded but only in compliance with the approved development plan. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: SECTION 35 -1170. SERVICE /OFFICE DISTRICT (C1). The following properties are hereby established as being within the (Cl) service /office district zoning classification: [Lots 1 and] Lot 2, Block 6, Wangstad's Brooklyn Terrace Addition. Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) commerce district zoning classification: [Lot 1, Block 1, Chrysler Motors Corporation Addition.] Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD) . The following properties are hereby established as being within a (PUD) planned unit development district zoning classification: 3. The following properties are designated as PUD /C2 (planned unit development/ commerce) • Lot 1, Block 1, Chrysler Motors Corporation Third Addition Section 2. This ordinance shall become effective upon adoption and thirty (30) days following its legal publication. Adopted this day of , 19 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 11 -8 -93 Agenda kern Number // b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 93014 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. A OVAL: e s.� a - ('J RONALD A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION:,, No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Planning Commission Application No. 93014 submitted by Brookdale Chrysler Plymouth is a • request for preliminary plat approval to combine the Brookdale Chrysler Plymouth dealership property at 6121 Brooklyn Boulevard with the property immediately to the south at 6107 Brooklyn Boulevard into a single parcel. This application was considered by the Planning Commission at its October 28, 1993 meeting. Attached for the Council's review are minutes and information sheets from that meeting, an area map showing the location of the subject site a boundary and topographical survey and the proposed preliminary plat combining the two parcels into one. A public hearing was held by the Planning Commission relating to the preliminary plat. Recommendation The Planning Commission recommended approval of this application subject to the four conditions which can be found on page 5 of their October 28, 1993 meetin g minutes. • lop MEN oil �•:, -����. � �., �I,��I X41 milli illll� �� v iii MUII i� �i � • � ' � u X11. � �':. �� MM MM MW ME ------------ - ,Nx1 82nd AVE. N. 3 �i3i _. N►�•s�•.00 v a1•a.0 -- _ .,__ ..— R \ `t \ F' �•,, -." �\ � 1 i��.,'� \ �� w r. "y °:`e.`n'.,.:";.::., . tr« .,d �.rr<t «r..«t.tta, .t \ ` i `i,�� f+ \ ! t t slack 1, Cx°YCU. l ipao°. m..wi[w atp +"o,TIM, woor +Ip { 0 o M +aA pl•[ tMrwl. Nwr°I• raaatr, Ntrwwt•. � z CD � trt +mtkw•t•rly of w � � �, � -�: d " ■ Po v w � .:� S;. a t " �.. of ,�.' __._ % ` � `` �.'f \ 0 10.. :. t «t; iMtn• «[lwt to W r1 t r wpL of w // • `mp MM 1«t MwrlkJ �. a � � \ \ f f � ..w mrElnp tu pl t�tMr°O'io(r rwor+ In � lr n «,wpin County, �; ..�_._.., ,... �, r..... r atr � ` ✓•�,..• "� .yam+ a �,` �� - --b • , 314.1.2- ., /_.'�.`;�r .���_ -- Sri r J F y \ � j� ,.._...... .... NORTH { • 1 � �� � i L ,:: -- - - Bunn , M�Oom" F— KAOr.rrNU•. BROOK CHRYSLER PLYMOUTH �, ao' BOUNDARY 1 - -— - - a .l�MV N - - -_ s un 6s+•+ l "' 4121 B ROOKL YN CENTER. BLVD. r1.x toso„ M.nt ,� .:,, .. .,..... T - - -- ..,,T -- '' " °," n "• ^ " "' anoo «lrN caNtEn. TOPOGRAPHICAL SURVEY 0 MN. „ 4 - .I.�uon, alt { /N �•�,— .—— „�*�_ -.. 1003 5 R-4 9-4 R-2 _1 —- — -- �"',.I•'..'.7T.� 8 � .. \ e..a ie.. 1..�. a m.on, .: .... a.„u,..... r� ° oi u. mu.. � R- " C. - •IiC'r �R� \ • 1� on wconC�r• "� �- — °. `✓;• i�\ \', \. — 1n...oS.,t.. �r i „1...n tl. n..l nor ° °:'wlti..�.. .rrlr..l l T r c R - R-1 R-1 GtlHEM1___LY➢Y[Y3PEM1 { ill a v ,n opal Yn 1 rn Sls.slo. Q[i dog SRI1�..v yEi Ynlll, v° LtlGItlLLLLLYM1Y[YYe 0 11.. • rtE 1.,.., Im. {S[ {t ,,,• 'j„; McC.me.f..nLA.- A {...w «,w. BROOKDALE CHRYSLER PLYMOUTH '•LO PRELIMINARY PLAT _ 2 .c /N,■ ^Y e+s+ �noo�Lre BLVD. t dd r CHRYSLER MOTORS e. iY +i /•' ..,9 /.� /p /l t_ 6 W 5 °pniywo YNOON LYN CLNTLN, MN. _O CORPORATION 3RD ADDITION 4 CITY OF BROOKLYN CENTER Council Meeting Date I vo 3 Agenda Item Number • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN TRACT E, REGISTERED LAND SURVEY NO. 546 (FIRST READING) DEPT. APPROVAL: Sy Knapp, erector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • On 9- 14 -11, the City Council approved site and building addition plans for Omni Tool, located at 3500 - 48th Avenue North. The westward expansion of the existing building requires relocation of the city -owned sanitary sewer and water main which lie within an easement, originally granted in October, 1958. The attached figures are provided for reference. A condition for the above referenced approval was that the applicant would request the City to vacate the existing easement, and provide a new easement for the relocated utilities. The site construction is now underway, and the applicant has requested the necessary easement vacation. The applicant is developing easement documents for the relocted utilities, and a first reading of the vacation ordinance is in order. The private utility companies which serve the immediate area are being contacted to review this easement vacation request in the event that it impacts their service. RECOMMENDED CITY COUNCIL ACTION This ordinance is offered tonight for a first reading. 40 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating A Drainage and Utility Easement in Tract E, Registered Land Survey No. 546. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN TRACT E, REGISTERED LAND SURVEY NO. 546 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The drainage and utility easement over that portion of Tract E. Registered Land Survey No. 546, which lies south of the westerly extension of the south line of Tract F. Registered Land Survey No. 1023, is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication Effective Date L- l i t [Ili lilt TU =V )IWA < H� s '3nv HIIN32 / I 3r / N 3AY HLIN32 �Y r — l� 'N 3A 0 L X +( 3AV ll069`� NSpp 3nr QWN3a� 091 DR. 1� C� z 3 Ha x l <t < E'XINC �AVE. N. ` a 'N '30 9NIA3 �.y n � I I I U FRANCE AVE. N. RAN A . 'N '3AV 30WY i j 'ld lYN � l as � _ � � � N � y- ,m' E• � � n. � o `� d Z ML A I ANA AVE. � NIAl � I AVE. 1 31X1 C_ N 3AV 31W N v ® W ti o AVE. �� � 31vds X1r� 3AY WrYM z .ARE AVE. W —'— C4 0 W a W n o mu o ' fl y !,yy7u 9y�1--------- R`P'V « 4 <4mY YYYY -. 4vNU---- v. w.. wnn+ nvwinn� '�e9�nonnn.:i� +mn�vn= =n: = =n ^'^' W U) w I 11 111 +! aa �J Z d Z d Z d CCtat TiTiS7 W Y�1$.flYI1!. rW�u #wz wwww�S�w�Y 5 rr 9 CCRe1@t � 99 � j rNJ ' 170 N 33l3 � 3337 ti ~ 3331 \ 11 °°•�' SOO 21 �5 14. RR ADD 4810 1 (39) 9 3ea.41 '13.47 ■W EASEMENT TO BE VACATED x 488.87 S n'13'47■ f DOC. # 613058 VOL. 1440 PG. 43481.2 aA � 356.02 N67 57.11 164. 962'•3'57•E 120 120 j (41) (6) ry C A 4821 n ` (42) (16) B N N (17) 8 (18) E Z 3420 3410 N WWI 12 587.13• �. E 704.34 % ' : ' ' 294.17 210.55 120 1 120 '�— — 24.97 DOC NO 653882 ».._ -. 570.56 -•- - - - -- - ......... 535 702 N87* 13'57 (FILED 3 -6-63) 1 : 24.97 5D6.41 - •----•- 100 90 80 DOC NO 653684 S87.13'S7■E 606.25 4 4 175 1 120 3625 3615 3607 3601 ON! 3515 350/ 3!/5 N B N = N V C N n (12) a (13) (14) H W 100 90 80 100 175 S87' WE 120 120 ( a 3 S (34)"'^' 34� �^ (35) (36) s (37) 130 47TH AVE N 5 0< 6 « 7 I 130 130 --------- - - - --- CITY OF BROOKLYN CENTER Council Meeting Date l u8193 Agenda Item Number • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FOLLOW -UP REPORT RE: CLEAR VIEW TRIANGLE AT 5120 EAST TWIN LAKE BOULEVARD DEPT. APPROVAL: Knapp, irector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No ) The Council at its October 12, 1993 meeting heard the appeal of the owner of the • property at 5120 East Twin Lake Boulevard, who had received an order to trim trees and bushes in the Clear View Triangle. At this meeting, the Council requested the owner, Mr. Dan Middlestedt, to do some additional trimming of the juniper bush on the corner of East Twin Lake Boulevard and Oak Street. The Council agreed to then review the case to determine if additional trimming would be necessary. It appears that Mr. Middlestedt has done some additional trimming. However, in our opinion the bush continues to violate the Clear View Triangle ordinance, and is a hazard to traffic, especially traffic headed west on Oak Street, looking north on East Twin Lake Boulevard. It appears that the only way to improve safety and for Mr. Middlestedt to come into compliance with the law is to remove some or all of the juniper bush. Slides showing various views of the intersection will be available at the Council meeting. If, based on viewing the slides and visiting the site, the Council determines that additional work should be done, the following is the procedure which under the ordinance should be followed: 1) Clearly describe to Mr. Middlestedt the additional work which must be done, and establish a due date. 2) If work is not complete as of that due date, then the ordinance authorizes the City Manager to direct that the City should do the work. City staff would account for their time spent doing the work, and would charge Mr. Middlestedt the standard rates used when work is charged for private hydrant repair, etc. ($20 per hour for each person, plus an hourly rate for equipment, which ranges from $5 to $20). 3) The cost of abating this nuisance due from the owner, and if not paid, could be certified to the property following an assessment hearing under the provisions of Chapter 429, Minnesota Statutes. RECOMMENDED CITY COUNCIL ACTION Review slides taken after trimming by the property owner. Make a determination of what, if any additional work should be done. If additional work is identified, then establish a due date. a II I • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY POLICE - FIRE 911 MEMORANDUM TO: Council Members FROM: Sy Knapp, Director of Public Works DATE: November 4, 1993 • SUBJ: Discussion Item 13 a. Clear View Triangle Complaint at 5120 East Twin Lake Blvd. Mr. Middlestedt telephoned today to inform me he would be unable to attend the Council meeting on November 8, 1993. I informed Mr. Middlestedt I would request that you table his Clear View Triangle Complaint (Discussion Item 13 a.) until the November 22, 1993 Council meeting. Thank you. Sy T C' !sasnuzcam � CITY OF BROOKLYN CENTER Council Meeting Date 11/8/93 Agenda Item Number / y REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: TREE CITY USA APPLICATION DEPT. APPROVAL: Sy Knapp, Di ctor of Public Works MANAGER'S REVIEW/RECOMMENDATION: r _ No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • Brooklyn Center was for the first time in 1992 awarded Tree City USA designation by the National Arbor Day Foundation. Attached is the City's application for renewal of that designation, based on 1993 activities. The application details five major forestry activities: • A solid park and boulevard tree maintenance program; • A successful Diseased Tree program; • Continuation of the Residential Reforestation program, which assists property owners in replacing trees on private property; • The SBA grant assisted program of planting trees on boulevards and City property; • Substantial planting as a part of the 69th Avenue street improvement project. Brooklyn Center meets all the criteria, and we do expect that designation will be renewed for 1993. Additional Forestry Needs While we have much to be proud of, there are some areas that could be enhanced. Many residents have commented that they are interested in obtaining more assistance from the City regarding tree planting; advice and /or training on maintenance techniques such as pruning, treatment and prevention of pests and . diseases, and care of new trees; and advice on tree selection and landscaping. The City's tree inspector does provide some assistance, but he is only a part - time inspector who because of his other Street Department duties cannot devote as much time as there is demand. There are additional needs such as developing and maintaining an inventory of • park and boulevard trees; developing grant proposals and implementing planting projects; and coordinating volunteers, which are difficult or impossible to undertake due to staffing limitations. Staff has recommended to the Council a number of times that a part or full time forester position be considered to provide these types of activities. Budget priorities have precluded serious discussion of adding this position. As an alternative, the Council could consider establishing a volunteer Tree Advisory Board. A number of communities have established boards, and rely on them for a range of activities. In some smaller communities, the Tree Board actually has responsibility by ordinance for developing a plan for maintaining the urban forest, and for ensuring that the plan is implemented, either by City staff or volunteer help. A Tree Advisory Board in Brooklyn Center could provide the following services: • Participate in planning special projects such as special tree planting projects • Assist in developing grant proposals • Sponsor workshops for property owners on tree selection, care, etc. • Sponsor fund raisers • • Develop educational or other programs for schoolchildren • Coordinate with Minnesota Shade Tree Advisory Committee • Provide and /or coordinate volunteer assistance to the City on tree inventory data collection, planting projects, etc. If the Council is interested in pursuing a Tree Advisory Board, staff could research boards in other communities, their organization and the responsibilities with which they are charged, and report back to the Council with recommendations. 1994 Work Plan The 1994 Forestry Work Plan, including suggestions for a 1994 Arbor Day observance, will be presented to the Council for approval in early 1994. RECOMMENDED CITY COUNCIL ACTION Authorize by motion staff to submit an application for renewal of the City's Tree City USA designation. Direct staff to research the function of volunteer Tree Advisory Boards in other area communities, and report back to the Council with recommendations for further consideration. S ' TREE CITY USA Application for Recertification Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is made in recognition of work completed by the city during the calendar year. Please provide information for the year ending. (Some states require information in addition to that requested on this application. Check with your state forester.) As MAYOR of the city of BROOKLYN CENTER, MINNESOTA (Title —Mayor or other city official) I herewith make application for this community to be officially recertified as a TREE CITY USA for 1993 having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List board members, and meeting dates for the past year; or name of city department and manager. PtJBT T(' WORKS DEPARTMENT SY KNAPP, I)IRErTQR CAF— PJJBLTC WC)gKS Standard 2: A Community Tree Ordinance Check one: K] Our ordinance as last submitted is unchanged and still in effect. ❑ Our ordinance has been changed. The new version is attached. Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita Total community forestry expenditures ............................. _ ............................. ............................... $ ?. 2 4 , 9 3 3 . 5 5 Community population ................................ ............................... _ .............. ............................... 29,887 ( ' 9 0 ) Attach annual work plan outlining the work carried out during the past year. Attach breakdown of community forestry expenditures. Standard 4: An Arbor Day Observance and Proclamation Date observance was held MAY 19, 1993 Attach program of activities and/or news coverage. Attach Arbor Day proclamation. MAYOR Signature Title Date Please type or print the following: Mayor or equivalent City Forestry Contact Name: TODD PAULSON Name: DIANE SPECTOR Title: MAYOR Title: PUBLIC WORKS COORDINATOR Address: 6301 SHINGLE CREEK PARKWAY Address: 6301 SHINGLE CREEK PARKWAY i City,State,Zip: BROOKLYN CENTER, MN 55430 City,State,Zip: BROOKLYN CENTER, MN 551150 Phone #: 612- 569 -3300 612- 569 -3340 Phone #: NOTE: Ifyour community forestry work involves some new ideas or special projects please send photos, news stories, brochures, or other documentation for possible inclusion in National Arbor Day Foundation publications. (Such additional material is not necessary for your community to be designated as a Tree City USA.) Certification (To Be Completed by the State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recertified as a TREE CITY USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed State Forester Date Person in State Forester's Office who should receive recognition material: Name: Address: Title: City, State, Zip: Agency: Phone #: a ' City of Brooklyn Center, Minnesota Annual Forestry Work Plan 1993 Activities Regular Activities Park and Trail Trees: Park and Street Maintenance staff maintain approximately 560 acres of parks, including an arboretum, an environmental preserve jointly held with the adjacent city of Crystal, and a 200 acre multiple use wetland /lake /park/nature area. Regularly scheduled maintenance activity includes regular inspection of park trees and shrubs for disease; trimming and pruning as required; watering as required; and planting new trees. A total of 26 new trees were planted in parks in 1993; 37 replacement trees were planted. In addition, 14 trees from the 69th Avenue /Shingle Creek Parkway construction zone were transplanted to parks (1 to Evergreen, 1 to Palmer Lake Nature Area, 9 to Northport, and 3 to Lakeside). Kindergarten students from Earle Brown Elementary School planted two trees in Grandview Park as part of their Adopt -A -Park activities. Park and Street Maintenance staff maintain just over ten miles of pedestrian /bicycle trails. Regularly scheduled maintenance activity includes regular inspection of trail trees and shrubs for disease; trimming and pruning as required; watering as required; and planting new trees. No new trees were planted on trail rights of way in 1993. Boulevard Trees: Park and Street Maintenance staff maintain the boulevards along approximately 112 miles of g PP Y city and county streets. Regularly scheduled maintenance includes trimming of boulevard trees in areas to be g Y g sealcoated. This trimming is primarily to eliminate overhanging branches which might damage or be damaged by tall maintenance equipment, and also to remove dead or hazardous limbs. Trees are not generally pruned for aesthetic reasons. Some boulevard tree trimming is also conducted at the request of property owners. Boulevard trees planted as a part of a City streetscape project (e.g., Earle Brown, Shingle Creek Parkway, West River Road, 69th Avenue) are routinely maintained: trimmed, pruned, watered, removed, or replaced as needed. Page 1 Trees Removed vs. Trees Planted 700 Diseased Trees Removed 600 500 CD ■ V1 400 - - - 0 L m .n I E 300 — - -- -- - - -- 200 Trees Planted; 100 0 O — N M �t LO CO f� 00 m O N M 00 00 00 00 00 00 00 00 00 00 0) M C7 M C7 M CY) Cn 0) C) 0) C7 (Y) C) CA 0 Trees on Construction Projects Park & Blvd Trees PLanted S Private Trees Planted ■ -- Total Diseased Trees CITY OF BROOKLYN CENTER Short History of Tree Removals and Reforestation Diseased or Dead Trees Removed Trees Planted City Funded or Subsidized Net Park & Private r Construction Gain Year Boulevard Private Parks Total Boulevard I Reforest Projects (Loss) 1993 63 76 38 177 144 52 274 293 1992 75 189 45 309 61 54 (194) 1991 101 256 21 378 49 41 211 (77) 1990 183 414 95 692 31 (661) 1989 139 266 176 581 60 3 (518) 1988 131 256 92 479 135 113 (231) 1987 92 167 13 272 30 (242) 1986 103 278 8 389 30 303 (56) 1985 162 412 N/A 574 (574) 1984 223 294 N/A 517 182 (335) 1983 104 184 N/A 288 (288) 1982 N/A N/A N/A 389 38 (351) 1981 N/A N/A N/A 583 75 (508) 1980 N/A N/A N/A 478 75 (403) TOTAL 6,106 629 154 1,178 (4,145) 1 11/3/93 City of Brooklyn Center, Minnesota 1993 Activities A total of 11 replacement trees were planted on boulevards in 1993. Storm damaged boulevard trees are trimmed, pruned, or removed as necessary by Street and Park Maintenance staff. Other storm damaged trees which may pose a hazard to the public (e.g., a tree overhanging a sidewalk with limbs broken by an ice storm) are trimmed, pruned, or removed as necessary. Street and Park Maintenance and Engineering staff provide assistance to property owners requested to trim or remove trees to clear an obstructed sight triangle. Street n P n in he Earle Brown S eet a d ark maintenance staff maintain trees on streetsca e odes t P commercial district. Routine activities include minor trimming and watering. Pruning and planting activities are generally provided by a landscape contractor who maintains flower beds on the nodes. Diseased Trees: Several members of the Street Maintenance staff are licensed tree inspectors. One staff person is assigned as the Tree Inspector, and provides all inspection activities, both at the request of residents and by routine inspection. The inspector also provides field supervision of the City's diseased tree removal contractor. The City's Diseased Tree Program was amended in 1992. In previous years, all diseased trees in the City were marked for removal by the inspector. Property owners were given 20 days to choose if they wished to remove the trees themselves or make their own arrangements for removal, or whether they desired the City's tree contractor to do the removal. Beginning in 1992, the City's tree removal contract covered only boulevard trees. Property owners with private trees marked are now not given the option of removal by the City's tree contractor. the ualit However, the tree inspector continues to inspect quality of work, and if the owner does not remove the tree, it is removed as a "force" tree, and the owner is billed or assessed the cost of removal. The tree removal contract is administered by the Engineering office, under the auspices of the City Engineer. In 1993, 173 trees were marked for removal: 65 boulevard trees, 15 park trees, and 93 trees on private property. In addition, 18 dead (but not diseased) trees were marked for removal. Page 2 City of Brooklyn Center, Minnesota 1993 Activities Other Activities Residential Reforestation: The City continued its Residential Reforestation program in 1993, with $3,000 in funding from the Park Division's General Fund budget. This program provides $50 "coupons" to residents who have had a diseased tree removed from their property or boulevard, good toward purchase of a replacement tree. Three area nurseries participated in the program. To promote diversity, the coupon was good only on tree species approved for planting on boulevards, a list which deliberately excludes certain "overplanted" species. This is an overwhelmingly well- received program. Residents planted 52 replacement trees. SBA Grant: The City received $5,000 from the SBA grant program for tree planting on City property. One program assisted property owners in planting boulevard trees; a second program helped fund the planting of trees on City- maintained boulevards, parks, and public building grounds. A total of 48 boulevard trees were planted, with grant funds paying one -half the total cost, City funds paying one- quarter, and property owners one - quarter. Twenty -two additional trees were planted on City property, with grant funds paying one -half the cost, and City funds paying one -half. Landscaping on Improvement Projects: The major forestry activity in 1993 resulted from the 69th Avenue improvement project. This $7.2 million project widened 69th Avenue North from Brooklyn Boulevard to Shingle Creek Parkway. The new roadway was designed to provide a parkway -like appearance. Great care was taken to design the new roadway so as to retain as many of the mature trees as possible. The median of the new street is located in the area of the boulevard of the old street. The median was designed and built around ten mature boulevard trees. Sixteen trees previously located in the yards of homes purchased and moved out of the new right of way were able to be retained as boulevard trees. Twenty -two trees within the construction limits were transplanted to City parks, eight in 1992 and 14 in 1993. Many other trees in what was once the back yards of the homes remained out of the construction limits, and were not affected by the project. Through careful street design, and very strict limits on the street contractor, at least 26 mature trees were able to be saved and incorporated into the landscaping design. Using the Age Extension's method of valuing trees, these trees are conservatively worth $42,500. The aesthetic and conservation value of the trees is incalculable. Page 3 City of Brooklyn Center, Minnesota 1993 Activities The majority of the new landscaping occurred in 1993. A total of 274 trees and 412 shrubs were planted along an approximately 0.6 mile segment of 69th Avenue. Landscaping on the final phase of the project will occur in 1994. Tree Service Registration: In 1993, 20 firms conducting business in the City trimming, treating, removing, planting, or otherwise providing services relating to trees were registered with the City. This registration, which is not a license, is issued upon payment of a fee and proof of adequate public liability and workers compensation insurance. Boulevard Planting Permits: In 1992, the City began requiring that property owners desiring to plant a boulevard tree first obtain a permit. There is no charge for this permit. The permit process ensures that trees are located properly, do not endanger underground or overhead utilities, do not create a potential sight distance problem, or provide a future street or sidewalk maintenance problem. In 1993, 3 permits were issued (net of the SBA program noted above). Page 4 City of Brooklyn Center, Minnesota 1993 Forestry Expenditures (As of 10/31/93) Personnel Supplies & T- PROGRAM Costs Materials TOTAL Forestry & Diseased Tree Administration $4,075.98 $10.00 $4,085.98 Diseased Tree Inspection $4,691.62 $4,691.62 Diseased Tree Removal $9,227.50 $9,227.50 Boulevard Tree Trimming & Maintenance $17,385.26 $17,385.26 Boulevard Tree Watering $148.93 $148.93 Boulevard Tree Planting $111.90 $3,389.00 $3,500.90 Park Tree Removal $870.11 $870.11 Park Tree Trimming $2,163.48 $3,162.41 $5,325.89 Park Tree Planting $992.05 $3,958.95 $4,951.00 Park Tree Watering $574.95 $574.95 Storm Damaged Tree Cleanup $286.51 $286.51 SBA Grant Tree Planting $10,107.25 $10,107.25 SBA Grant Funds $5,000.00 $5,000.00 Property Owners' Share $1,294.68 $1,294.68 City's Share $3,812.57 $3,812.57 Residential Reforestation Grants $2,432.33 $2,432.33 69th Avenue Landscaping $62,640.00 $62,640.00 (Trees plus professional services) TOTAL $41,675.58 $83,257.97 $124,933.55 PROCLAMATION DECLARING APRIL 30, 1993 AS ARBOR DAY AND MAY, 1993 AS ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Human activities such as construction damage and pollution, as well as disease and insects, threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, All citizens are urged to become more aware of the importance of trees to their well being, to participate in tree planting programs that will ensure a green Minnesota in decades to come, and to plant, nurture, protect, and wisely use Minnesota's great treasure of trees. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 30, 1993 Arbor Day and May, 1993 as Arbor Month in Brooklyn Center. April 26, 1993 Date Mayor Attest: Deputy Clerk �y c, Brooklyn Center's r r air Tj L11 7T WA Lill A community newsletter published by the City of Brooklyn Center, No. 87 June /July 1993 "Inn on the Farm " named one of ten outstanding new inns in America the Inn's interior design and used to identify and decorate The Inn on the Farm in �r } individual rooms. Brooklyn Center has been "The Inn on the Farm has been named one of ten "Outstanding beautifully restored, and is " "'" ° ' articularl well done ven its New Inns in America for 1992 p y gi by the editors of Inn Business , �' t urban environment," said Review (IBR), the leading " Norman Strasma, IBR publisher. 1 y �i I national business publication for :i The annual awards are based the B &B and inn industry. on the recommendations of The eleven -room bed and ?� travel writers , guest comments breakfast is part of the historic and personal inspections by Inn Center Earle Brown Heritage u _ Business Review's sta ff. Of the meeting and convention Innkeeper Steve Barrett and Heritage nearly 13,000 B &B's which have complex, and was the only new Center Manager Judith Bergeland opened since 1980, only 80 new inn in the Upper Midwest accept the award. inns nationwide have been selected. selected to receive the In making the announcement, cited the way in which the prestigious award. INN Business Review described personal histories of Earle the Inn on the Farm as a Brown, members of his family, -- "wonderful combination of and the farm's early employees comfort, charm and good have been woven into Q k management," and particularly Complete schedule of w Earle Brown BC beauties city Days' events inside plants trees and Y shrubs /demolishes INSIDE SCOOP buildings .,7a�•. Town tackles crime 2 Youth worker 3 Recently, the City planted 274 trees on 69th and Drew Neighborhood watch 3 Avenues as part of Minnesota's Arbor Month Celebration. The Charter commission 3 City was designated a Tree City USA for its commitment to Centerbrook golf course 4 preserving and enhancing our urban forest. Additionally, the vacant apartments on Humboldt Avenue Earle Brown Days 5 and 67th Avenue were acquired b the City for the purpose of Entertainment in the Park 5 Y Y demolition. The apartments, which have been an eyesore for C.A.T. 5 Y ears were removed as art of an effort to beautify the City Construction update 6 P and make it a better community in which to live. Volunteers needed 7 Two new in finance 8 City Watch i Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 93 -64 RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Foundation, upon the recommendation of the State of Minnesota forester, has designated Brooklyn Center as a Tree City SA in rec y g n of 1992 forestry activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The Council hereby recognizes and accepts the designation of Tree City SA on behalf o y f the residents of Brooklyn Center. 2. The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue a high level of maintenance and reforestation efforts. 3. The Council commends city staff and the residents of Brooklyn Center for their work in maintaining and enhancing Brooklyn Center's urban forest. April 26, 1993 Date Todd Paulson, Mayor ATTEST: jro/1/�X ��� Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by _ member Celia Scott , and upon vote being g taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meetin Dace 11/8/93 Agenda Item Number / C REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 65TH AVENUE /FAIR OAKS SCHOOL TRAFFIC DEPT. APPROVAL: _444 S app, rector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes At the public hearing October 12, 1993 regarding the Park and Ride at 65th and • Brooklyn Boulevard, a resident expressed concern about the amount of traffic using the grounds of Fair Oaks School as a cut - through to and from Brooklyn Park. The purpose of this discussion item is to provide the Council with a history of discussion and action on this issue, and to suggest some options which the Council may wish to pursue. This issue has been discussed a number of times over the past ten to fifteen years, most recently in mid -1992. At that time, the same resident who spoke at the public hearing, Mr. Gene Hammerlund, requested that the City again consider options, suggesting that the gates at the south entrance be permanently locked, or moved to the east entrance at Winchester Lane and locked during non - school hours (please see the attached area map). History I discussed the matter in May, 1992 with the principal of Fair Oaks School, Jean Bursheim. She reported that about five years ago a meeting was held with district officials and representatives from the Brooklyn Center and Brooklyn Park police departments. These parties agreed that it was best that the gates at the south entrance remain open to accommodate emergency vehicles, buses, after hours activities, etc. Based on file records, it appears that the gates were installed around 1980. Traffic counts (attached) were taken on Winchester Lane west of Unity in late June, 1992, to help determine the extent of the problem. From about 3 p.m. to about 9 p.m., about 60 -70 cars per hour used the cut - through. Later that summer, the Police Department contacted some of the neighbors to obtain their opinions regarding the traffic. When the Administrative Traffic Committee met to review information and make a decision, the Police Department reported that most of the neighbors did not believe the traffic was a problem. While the traffic counts indicated a fair amount of cut through traffic, based on what the ATC understood the general neighborhood reaction to be, no action was taken on Mr. Hammerlund's request. Several weeks after that ATC meeting, a short memo was forwarded from the Police Department indicating that three residents contacted by the police were concerned about the amount of traffic. Options Option 1: Take no further action. Option 2: Request the school to lock the gate during non - school and activity times. This would place a burden on the school to ensure that the gates are locked and unlocked at the appropriate times. It also will not prevent the majority of the cut - throughs. During the summer months, the ballfields are used Monday through Thursday from 5:00 until 8 :30 p.m. As shown by the traffic count report, the majority of the traffic occurs from 3 p.m. to 9:p.m. Based on previous discussion with the school, it is doubtful that they would agree to this and enforce it. This option may further complicate matters because the locked times might vary and drivers from the east won't know when the gates might be closed. Option 3: Permanently barricade the east entrance. The ATC sees no traffic movement or traffic safety reasons why this entrance can't be barricaded. The school may well have some concerns, as may both police departments. The ATC strongly recommends that if the Council desires to pursue this option, that the council only consider a permanent solution, and that at least a pedestrian /bicycle access remain. The school and police departments may also wish some accommodation for emergency vehicles. RECOMMENDED CITY COUNCIL ACTION If the Council wishes to pursue Option 3, I would recommend that the Council consider vacating the "stub" of Winchester Lane west of Unity, but retaining a sidewalk easement, and installing a permanent barrier at the entrance to the school. This vacation would have to be done by public hearing, so all parties would be given the opportunity to appear before the Council and express their views and concerns. • July 1, 1991 TRAFFIC ENGINEERING MANUAL 0 LOCATION: T OG �/�i f�//E COUNTY: A �V A- ) STATION NUMBER: f COUNT BEGINNING DATE: qZ DATA BY: n / DrtyE �. DATE AVERAGE of COUNT DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEKEND 12 -1 AM 16 — 1-2 . j 2 -3 (o y S 3 -4 0 Q o 4 -5 Z I 5 -6 /3 $ / 6 -7 2 ZS Z8 7 -8 1 z 22 z5 r 8-9 9 -10 38 13 Z S' 10 - 11 D y0 11 -12N 27 Z 7 12 -1 3 .3 1-2 e13 3 2 -3 3/ 3 .3 3-4 y 5 „502 4 -5 S8 G S7 5-6 s7 73 160 6 -7 3 7/ (o 7 -8 53 &3 S 610 73 & ( 9-10 3S' y3 3 10 -11 / / 11 -12M /(o /3 TOTAL Al 3 SKETCH O AVERAGE DAILY TRAFFIC N Remarks: Recorder Type: HR ❑ MR tr AR ❑ Machine No. Tape No. File No. Text Ref.: 5- 3.05.01 FIGURE July 1. 1991 PORTABLE TRAFFIC RECORDER DATA SHEET 5.7 5 -26 i .. .� tit yy � ,• �� f�n y - . � � �� 2 - '• lb ze } f "■ 47 �vC Migill T f': it vR h • _i �. &p•' � t�� . »+<..... , v .,,y. , w • . i •`'SRC ¢ v ew. ,fig �+-, a?•.- u . r ' tlt IP � � ' o.ry:;: yam '' :.. • fig. +��r. ,# 'sik''F� �' ..� •i�t <- I r t , y ' t s r - ,`� � R, �, rt s a ? ui �i.' � �.` ' �9.. a � -�M• l� la . ,.� * W � w; � � 4. ��' ""d ► S' �� pry � 3 �..,�H x,� �rF'ki' CITY OF BROOKLYN CENTER Council Meeting Date November 8.1 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: DISCUSSION ITEM: RFP FOR CIVIL LAW SERVICES DEPT. APPROVAL: Geralyn R. axone, Personnel Coordinator MANAGER'S REVIEW/RECOMMENDATION: tit= No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes ) At its work session on November 1, 1993, the city council asked that the RFP for civil law services be placed on the November 8, 1993, council agenda for further discussion about the council's involvement in the selection process of city attorney. At the October 25, 1993, city council meeting, the council did approve the attached RFP for civil law services which outlines the process for staff and council involvement in the selection process. This process is the same as that approved and used by the council in selecting the current city prosecutor. The RFP as approved on October 25 has already been sent to 16 law firms as requested by the council. If any changes are made to the RFP, it would be necessary to send an amended version to these firms. RECOMMENDED CITY COUNCIL ACTION Discuss the city council's involvement in the selection process for city attorney. The City Manager introduced a Resolution Approving a Financing Program and Providing Preliminary Approval with Respect to Financing for Facilities of Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc. RESOLUTION NO. 93 -190 Member Barb Kd1lighrr introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINANCING PROGRAM AND PROVIDING PRELIMINARY APPROVAL WITH RESPECT TO FINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC. AND CENTER PARK SENIOR APARTMENTS, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. D SCUSSIQN ITEM. RFP FOR CI ATTORNEY The City Manager stated staff has prepared information as requested by the Council including a Request for Proposals for civil law services. In response to Councilmember Rosene's question, Mayor Paulson reviewed several legal publications where the RFP could be advertised. The City Manager pointed out some flexibility will be needed if the RFP is to be published in these types of magazines, He suggested staff determine deadlines for publication. The Council agreed with Councilmember Kalligher's suggestion that staff present this information for consideration at the November 1, 1993, work session. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the RFP as presented and direct staff to publish notice. The motion passed unanimously, ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:27 p.m, Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 10/25/93 -18 - SECTION I. REQUEST FOR PROPOSALS The City of Brooklyn Center is accepting proposals for legal services for civil law cases for the City. Included in this RFP are the following: 1. A more detailed description of the services to be provided. 2. An outline of proposal requirements. Submitted proposals will be reviewed by a committee whose members will consist of representatives from those City of Brooklyn Center departments with personnel who regularly interact with the city attorney. This committee will make recommendations to the city manager. The city manager will review the committee's recommendations and will recommend to the city council no more than three firms as finalists for city council consideration. In_ order to ensure a fair review and selection process, firms submitting_ proposals are specifically requested not to make other contacts to the City staff or council members regarding these proposals 0 SECTION II. INSTRUCTIONS TO PROPOSERS A. Proposals should be submitted to Karla Wickre, Deputy City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Proposals must be received no later than 4:30 p.m. on December 15, 1993. B. All proposals submitted must provide information as indicated in this request. Any other information that the proposer wishes to include for evaluation and consideration by the City as part of the proposal may also be included. SECTION III. REQUIRED CONTENTS FOR PROPOSALS A. Firm Background 1. Name of firm 2. Address(es), phone number(s), and FAX number(s) of the firm 3. Brief history of the firm 4. Number of attorneys by their specialties -1- 5. Number of paralegals by their specialties 6. Number and position titles of support personnel 7. Description of office organization (organizational chart) 8. Flow chart of work process for municipal civil law work B. Attorney Qualifications 1. Identify each attorney, paralegal, and support personnel who will be supplying services for which the City will be billed. 2. For each person identified, please state: (a) their relevant academic training and degrees (b) a description of their prior experience in civil law matters and an estimate of the hours or percentage of their work in this area during the past four years (c) number of years with your firm, position title(s) and years in these positions, and areas of responsibility with your firm (d) other background or experience which may be helpful in evaluating your proposal 3. A description of the proposed allocation of work between the attorney(s) and support personnel identified (i.e., who will be the primary city attorney and what work will be handled by junior partners, associates, or paralegals). 4. Current principal responsibilities for individual designated as primary city attorney including a statement indicating future availability. 5. A description of the availability of and identification of experienced backup attorneys in the case of illness, turnover, or other loss of personnel. C. Firm Qualifications 1. The names and telephone numbers of three client references whom the City may contact. If your firm has represented any municipalities or governmental agencies during the last four years, state the name of that municipality or agency and the name, title, and telephone number of a reference at that municipality or agency whom the City may contact. If your firm has represented such an entity but does not wish the City to contact that entity, list the name of the municipality or agency, and state your reasons why no contact is requested. -2- 2. A statement of how the workload of Brooklyn Center would be accommodated and what kind of priority it would be given. 3. Statement of total 1992 billings related to municipal civil law services and percentage of municipal civil law services to total billings. D. Fees 1. Your proposal for the dollar amount of fixed and /or hourly fees and costs your firm will charge for providing the legal services for civil law matters to the City of Brooklyn Center covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney, paralegal, and support personnel. Also state separately the rate for any firm cost items to be billed (e.g., photocopying). 2. The City of Brooklyn Center requests monthly billing statements which: (a) itemize the date of services (b) identify the attorney, paralegal, and /or support personnel providing the services (c) list time spent (d) provide a detailed description of the services performed (e) state the fees for those services (f) organize billing on the basis of activity and contact (g) summarize monthly (and annually) costs by type of activity If another billing format will be proposed, please describe that format and provide a sample. SECTION IV. CIVIL LAW SERVICES DESCRIPTION The services and qualifications that are required for Brooklyn Center civil law services include, but are not limited to, the following areas: A. Handling of a variety of legal activity in general obligation bonds, revenue bonds, tax increment bonds, tax exempt bonds, and other bonding and financial processes. B. General municipal laws and charters. C. General state and federal laws relating to municipal. government. D. Zoning, housing, and economic development activities including development, redevelopment, enforcement, and property and real estate law. -3- E. Laws relating to human resources including employment law, labor law, and workers' compensation. F. Ordinance and resolution development and interpretation. G. Contract law. H. Environmental law. I. The primary city attorney or a qualified backup from the firm must attend and participate in city council and department head meetings. J. Trial activity. K Location of a FAX machine at your firm's office. L. The primary city attorney for the City must have a minimum of at least five years experience in the municipal law field. SECTION V. PROPOSAL EVALUATION AND CONTRACT AWARD A. The City intends to award a contract to the proposer evaluated to be best qualified to perform the work for the City, cost, and other factors considered. B. Based upon the evaluation, the city manager will recommend to the city council the selection of the firms judged to be the most responsive and responsible proposers. The actual selection of the firm and contract award will be made by the city council. C. The City shall not be liable for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation of the proposal, preparation of a cost proposal or final contract negotiations. D. The City of Brooklyn Center reserves the right to reject any and all proposals or to request additional information from all proposers. SECTION VI. CONTRACT EXECUTION A. Contract Negotiations Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer to whom the contract is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to -4- discontinue negotiations, select another proposer or reject all the proposals. Upon completion of negotiations agreeable to the City and the proposer, a contract shall be executed. B. Contract Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval, or implementation of the proposal or contract shall participate in any decisions which affects his or her direct or indirect personal or financial interest. 2. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or council member, or for any City employee or council member to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonably prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public. 3. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. The firm shall not accept any client or project which places it in a conflict of interest with its representation of the City of Brooklyn Center. If such a conflict of interest is subsequently discovered, the City shall be promptly notified. SECTION VII. CITY INFORMATION A. City Organization The City of Brooklyn Center was incorporated in 1911 and is a charter city. It has a council /manager form of government. The City provides a full array of municipal services and general administrative functions. 1. City Council. The Brooklyn Center city council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures, and other business of the City. The city council, composed of four members and the mayor, is the legislative and policy making body of the City. The mayor, who presides over the city council meetings, is elected at large. All council members are also elected at large. Council members and the mayor are elected for four -year terms. -5- Set forth in the following table is information pertaining to the city council: Term Expires Mayor Todd Paulson December 31, 1994 Councilmember Celia Scott December 31, 1994 Councilmember Dave Rosene December 31, 1994 Councilmember Barb Kalligher December 31, 1996 Councilmember Kristen Mann December 31, 1996 2. City Manager. The city manager is the chief executive and administrative officer of the City. The city manager reviews and coordinates all matters coming before the city council. He is responsible for the implementation of council direction and the coordination and management of City departments on a daily basis. 3. City Staff. The city manager implements council direction through the department heads of seven City departments. -6- CITY OF BROOKLYN CENTER Council Mewing Date 11/8/93 Agenda Item Number / 3 G REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: CONSIDERATION OF BROOKLYN CENTER MEMBERSHIP IN FIVE CITY COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) DEPT. APPROVAL: Tom Bublitz, Community Development Specialist MANAGER'S REVIEW/RECOnEWENDATION: No comments to supplement this report . Comments below /attached • SUM MOLRY EXPLANATION: (supplemental sheets attached X At a meeting of the Brooklyn Center City Council in the spring of 1993, the Council considered participating in the Community Housing Development Organization (CHDO), also known as the Co -Op Northwest Community Revitalization Corporation. At this meeting, the short time given to the City Council to consider participating in the CHDO was dictated by an application deadline for funding under the federal HOME program. The Council elected not to join the CHDO at that time. The Federal HOME program is, essentially, the Cranston - Gonzales Housing Bill which is the only new major housing legislation passed by Congress in the last few years. As with Community Development Block Grant funds (CDBG), the funds from the federal HOME program flow through Hennepin County for award to municipalities and CHDO's in the County. The HOME application submitted by the Co -Op Northwest Cities, under the auspices of the CHDO, was approved for funding in September, 1993. The total federal dollars awarded were $274,100 and the total development cost of the projects proposed is $984,300. The difference between the total development costs and the HOME funding will be recovered through mortgages on the rehabilitated or newly constructed homes. The projects proposed under the HOME application include rehabilitation and new construction of single - family homes for resale to persons of low and moderate income, as defined by the HOME regulations. For purposes of the HOME - program, low and moderate income is defined as not greater than eighty percent (80 %) of the median income for families as determined by the Department of Housing and Urban Development (HUD). These are the same income guidelines used for the Community Development Block Grant program. Under this HOME application, cities participating from the Co -Op Northwest consortium would purchase single - family homes for rehabilitation or demolition of blighted single - family properties with redevelopment of new single - family homes. Hennepin County is planning to release approximately half of the HOME funds to start, with the second half to be released after a "track record" is established for the Co -Op Northwest program. All funds under the HOME application must be expended two years from the date of the award of the HOME funds. The HOME funds were awarded in September of 1993, and this means the projects should be completed by September of 1995. Since the Brooklyn Center City Council did not choose to participate in the CHDO, the City is not officially part of the HOME application; however, it is my understanding that Brooklyn Center can still participate in the HOME program under this application if we choose to do so. If the Brooklyn Center City Council elected to join the CHDO and participate in the HOME program, staff would of course come back with a specific proposal for approval. There is a requirement of a twenty -five percent (25 %) local match for funds awarded under the HOME program. This amounts to $68,525 in local match required of the five cities, and if this is divided by five, the local match per city would be approximately $13,705. The match figure is not exact since the actual match per city will be dependent on the amount of HOME funds used in the respective projects in each city. The match does not have to be a cash match and can include staff time, waived fees such as building permit fees, legal costs and contributions of land. As part of the requirements of the application, the CHDO will be responsible for administering the HOME program funds. This raises the issue of staff support for the CHDO. Currently, the Northwest Hennepin Human Services Council ( NWHHSC) staff is providing staff support along with City staff members participating in the HOME application. The following staffing services and relationships will be proposed to the CHDO Board: 1. The Northwest Hennepin Human Services Council would provide staff support to the Board of Directors including research and planning work, coordination of submission of proposals on behalf of the cities, agenda mailings and minutes. 2. City staff would provide in -kind staff time which could count as part of the required match for funding. Municipal staff would select the sites and perform specifications, rehab work, inspections and monitor code compliance. When extraneous costs were experienced, NWHHSC could reimburse the cities for those costs through the CHDO Board authority. 3. NWHHSC would also negotiate a contract with a housing specialist on behalf of the Board who would provide technical assistance and work with the CHDO board and Northwest Hennepin Human Services Council and municipal staff to coordinate projects. Other areas of responsibility include: finance, marketing, training and resale. 4. NWHHSC would provide other staff support as needed to coordinate the collaborative approach among member municipalities and the newly formed Board on behalf of the represented communities. There is a $10,000 capacity building grant available through Hennepin County for the - administration of the HOME funds and also for the general administration of the CHDO. • In addition to administration of the HOME program itself, there would be a need to provide some staff function to the CHDO board of directors on an ongoing basis over and above that which is required for the administration of the HOME funds. The specific question before the City Council this evening is whether Brooklyn Center wishes to become a participant in the Community Housing Development Organization (CHDO), set up by the Co -Op Northwest Cities. Brooklyn Center does not have to participate directly in the HOME program to join the CHDO. At the present time, however, the HOME program is the only project to be considered by the CHDO. It also needs to be pointed out that the CHDO is an independent 501(C)(3) nonprofit corporation. Composition of the CHDO Board is as follows: 5 public sector members appointed by the City Councils of the Co -Op Northwest Cities and 5 rivate sector representatives from the community P P and 5 low and moderate income representatives from the community appointed by the NWHHSC Executive Board. It is my understanding that CHDO is being formed to consider future housing projects in addition to the current HOME program projects. These projects could include future HOME program applications and housing - related projects not associated with the HOME program. As a nonprofit corporation, the CHDO has an opportunity to seek funding from additional sources, such as foundations and any state or federal programs specifically designed for nonprofits. By joining the CHDO, the City does not automatically commit to any future projects that may be undertaken by the CHDO. The CHDO may seek funding from member cities, but there is no commitment to funding implied by joining the CHDO. The attachments included with this memorandum are a resolution approving the m City's membership PP g tY P in the CHDO board, the bylaws of the CHDO and the articles of incorporation of the CHDO. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of the Resolution Authorizing the City of Brooklyn Center's • Membership in the Co -Op Northwest Community Housing Development Organization (CHDO) Also Known As the Co -Op Northwest Community Revitalization Corporation. 1.3 o i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER'S MEMBERSHIP IN THE CO -OP NORTHWEST COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) ALSO KNOWN AS THE CO -OP NORTHWEST COMMUNITY REVITALIZATION CORPORATION WHEREAS, the City of Brooklyn Center has an interest in insuring that City residents have access to decent, safe and sanitary housing; and WHEREAS, the City supports the goals and mission of the multi - jurisdictional task force known as CO -OP Northwest, which also is working to meet the physical and social needs of community residents; and WHEREAS, the City of Brooklyn Center itself is engaged in a variety of housing programs which act together to meet this goal; and WHEREAS, the operation of the not - for - profit organization which has as its major objective the improvement of the quality of housing available to residents is another important component to the development and management of a comprehensive housing program and redevelopment strategy for the City; and WHEREAS, a not - for - profit housing development corporation can act to increase participation of citizen representatives in local initiatives as well as to access funds unavailable to local units of government; and WHEREAS, locally operated programs are inherently a feature and support to local self - government; and WHEREAS, the City of New Hope has incorporated a not - for- profit housing development corporation, that has expanded to serve all participant cities within the CO -OP Northwest area; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, that it affirms its interest and willingness to work within the CO -OP Northwest framework and to participate as a joint member in the CO -OP Northwest Community Housing Development Organization, whose mission is to support the access and availability of decent, safe, sanitary and affordable housing to its citizens; and BE IT FURTHER RESOLVED, that the Brooklyn Center City Manager is hereby appointed to serve as the City of Brooklyn Center's public sector representative on the Community Housing Development Organization Board of Directors /CO -OP Northwest Community Revitalization Corporation. Resolution No. 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 g llowin voted against the same: whereupon said resolution was declared duly passed and adopted. RESTATED BYLAWS OF CO -OP NORTHWEST COMMUNITY REVITALIZATION CORPORATION ARTICLE I BOARD MEMBERSHIP Section 1.1. The determination of policy and the general management and control of the affairs of the corporation shall be vested in the Board of Directors which shall be composed of fifteen (1 5 ) members. Thi s number may be changed f rom t ime to t ime , n accordance with these Bylaws, but shall not be less than fifteen (15) members nor more than fifty -one (51) members. Section 1.2. The Board membership shall consist of three (3) sectors: The public official sector, the low /moderate income sector, and the private sector. The nature of these sectors and the manner of their selection process are as follows: Public Officials: One -third (1/3) of the Board, five (5) members, shall be elected public officials or their representatives. The City Councils of New Hope, Crystal, Brooklyn Park, Brooklyn Center and Robbinsdale (hereinafter referred to as the "designating officials "), shall each select one person to serve on the Board. In the event that there are not enough elected public officials reasonably available and willing to serve on the Board, designating officials may select representatives to serve on the Board. Representatives need not be public officials, but shall have full authority to act for the public officials whom they represent at meetings of the Board. If the public officials, both elected and appointed, who are willing and able to serve do not comprise one -third (1/3) of the Board, the remainder of the seats allotted to public officials shall remain vacant. The designating officials may fill t hese seats at any time as soon as an official is willing to sit on the Board. Representatives of the low /moderate income: One -third (1/3) of the Board, five (5) members, shall be comprised of selected representatives of low and moderate income persons as defined by the United States Department of Housing and Urban Development regulations. The representatives need not be of 1 low /moderate income themselves, but the selection process shall ensure that they represent the low /moderate income group. Representatives of the Private Sector: One -third (1/3) of the membership, five (5) members, shall consist of officials, members, or representatives of business, private community service groups, industry, labor, religious organizations, private and public educational institutions, significant minority groups, and other major private groups and interests in the community. Each private sector organization selected for representation in the corporation shall appoint one (1) person to represent it as a member of the corporation. Each such representative shall be empowered to speak and act on behalf of the private sector organization he or she represents. The Executive Board of the Northwest Hennepin Human Services Council (hereinafter "appointing authority ") shall initially and subsequently select and fill all vacancies for Board membership from the low /moderate income and private sectors. The selection process by the appointing authority shall be as follows. The appointing authority shall solicit petitions for membership from interested persons of low /moderate income or representatives of said group and private organizations. Said Petitions shall be solicited by public notification of any board vacancy. At least ten days before the last day for submission of petitions published notice of the vacancy shall be made in each legal newspaper of New Hope, Crystal, Brooklyn Park, Brooklyn Center and Robbinsdale. The notice shall state the name and address of the person to whom the petition shall be submitted. The notice shall further state that the petition shall include a statement outlining the applicant's reasons and qualifications for requesting board membership, and if a private organization the nature of the organization, its reasons for desiring representatives on the board, and directions t hat the petition must be signed by said organizations's chief executive officer. The appointing authoirty may also request in the notice any other information in the petition it deems necessary or desirable to the appointment process. The appointing authority shall make its decision based on the following criteria: the contents of the petition and a consideration of a continued balance of representation to assure broad appropriate representation from within the five communities involved. 2 Section 1.3. The term of a director shall be five (5) years with the exception of public officals or their representatives, whose terms shall be set by resolution of the designating officials. No director, with the exception of public officials or their representatives, shall serve more than two (2) full terms nor for more than a total of ten (10) years on the Board of Directors. Section 1.4. Vacancies on the Board by reason of death resignation or other causes shall be filled by the selection process set out in these Bylaws. A director selected to fill a vacancy shall serve the remainder of the term of his or her predecessor in office. Section 1.5. Public officials may be removed from the Board only by the appropriate designating officials. Low /moderate income or private sector members may be removed after three (3) unexcused absences from regular or annual Board meetings by a vote of the m a j o r i t y of the members present at any regular Board meeting, provided all Board members are given five (5) days notice of the intention to remove a member. In addition, a low /moderate income or private sector member may be removed from he t Board if the member violates standards of confidentiality, is convicted of a serious crime, fails to act in the best interests of the corporation, or otherwise engages in conduct not becoming a Board member of this corporation. Removal is effected by a majority vote of the members of the Board at any regularly or specially scheduled meeting, provided a fair and impartial hearing is offered to the members and also provided all Board members are given five (5) days notice of the intent to remove a member. Section 1.6. No employee of the corporation may serve on the Board and no other federal or state employee may serve on the Board in a capacity which will require him /her to act as an agent of or as attorney for the corporation in its dealing with any federal or state agency. Section 1.7 The general management of affairs of the corporation shall be vested in the Board of Directors. In addition to these general powers, the Board shall have the following specific powers: a. To appoint the Executive Director; b. To determine major personnel, organization, fiscal and program policies; 3 Is C. To determine overall program plans and priorities, including provisions for evaluating progress against performance goals; d. To make final approval of all program proposals and budgets; e. To enforce compliance with all conditions of grants; f. To oversee the extent and the quality of the participation of low /moderate income persons in the programs; g. To determine rules and procedures for the Board; h. To select the officers and the executive committees, if any, of the Board. Except for the purposes of inquiry, authorized by the Board, no director shall issue a direct order or instruction to a staff member of the corporation. Section 1.8. Directors shall not receive any stated salaries for their services, but by resolution of the Board of Directors, a reimbursement for expenses of attendance if m p any, may be allowed for any meeting of the Board of Directors, corporation or any committee. ARTICLE II MEETINGS Section 2 . 1 . A quorum for the transaction of any business shall be at least fifty percent (50X) of the non - vacant seats on the Board. Section 2.2. Regular annual meetings of the Board of Directors shall be h e l d at the t i m e and place designated by resolution of the Board of Directors. Notice of the annual meeting shall be given to the directors by the secretary by mail not more than twenty (20) days nor less than ten (10) days prior to the date of the annual meeting. In addition to the annual meeting, the Board of Directors shall hold a minimum of two regular meetings per year. The schedule for regular meetings shall be set by resolution of the Board of Directors and a copy of said resolution shall be mailed each director. No further notice of regular meetings need be given to the Board of Directors. 4 0 Published notice of the annual meeting and all regular meetings shall be made by publication in the legal newspapers of the 5 cities one time not more than 30 and no less than 10 days prior to the meeting. Said notice shall indicate that an open forum will be held by the Board of Directors at which time any low /moderate program beneficiaries may advise the Board regarding the design, siting, development and management of affordable housing. The notice shall also indicate the time, place and date of the meeting. Section 2.3. Special meetings of the Board of Directors may be called by the chairperson and must be called by him /her upon the demand of any five (5) members of the Board. Notice of a special meeting shall be given by the secretary to all Board members and shall include the time and place of such meeting. Notice shall be given not less than five (5) days prior to the date of the meeting. Published notice shall not be required for special meetings. Section 2.4. A meeting of the Board of Directors or of any committee of the Board of Directors may be held through the means of electronic communications. A conference among directors by means of communication through which the directors may simultaneously hear each other during the conference is a Board or a committee meeting, as the case may be, if the same notice is given of the conference as would be required for a meeting and if the number of directors participating in the conference is a quorum. Section 2.5. Any required notice of the time and place of any special meeting of the Board of Directors or of any committee of the Board of Directors may be given by mail or by telephone. Section 2.6. If any meeting of the Board be adjourned, continued or recessed to another time or place, notice need not be given to the Board members; however, if it is reasonably convenient to do so, notice should be given anyway. Section 2.7. An agenda, defined as a list of things to be done or dealt with at a meeting, should accompany all notices of Board meetings and should be sent to all members of the Board at their last known address. In cases of special meetings where notice has been given by telephone as permitted by these Bylaws, an agenda should still be mailed, even though said mailing would not occur within the applicable required notice period. Section 2.8. Each Board member, including the chairperson, shall be entitled to one vote. Section 2.9. There shall be no proxy voting authorized. 5 Section 2.10. Parliamentary procedures as set forth in Robert's Rules of Order shall be followed at all meetings. The following order of business shall be observed so far as practical: 1. Calling the roll; 2. Reading, correcting and approving of minutes previous meeting; 3. Unfinished business; 4. New business; 5. Other items as determined by the chair. ARTICLE III COMMITTEES Section 3.1. The Board shall appoint an executive committee composed of members of the Board which shall be authorized to transact all routine and ordinary business with the exception of the establishment of major policy changes. Section 3.2. The executive committee shall be composed of three (3) Board members selected by the Board at the annual meeting. Selection will be by sector caucus with one member selected by each sector. Section 3.3. The executive committee shall report on the action it takes between meetings at the next meeting of the full Board. Section 3.4. A quorum for transaction of business by any Board committee shall be at least fifty percent (50X) of the non - vacant seats of the committee. Section 3.5. The chairpersons and members of the following standing committees shall be appointed by the Board chairperson for a one (1) year term. The composition of these committees shall fairly reflect the composition of the full Board. a. Planning and Evaluation Committee: This committee shall recommend and report to the Board on the agency planning process, the identification of problems, and the selection and planning of programs. The committee shall submit annual plans to the Board for agency self- evaluation. The committee arranges for or conducts such evaluation and submits findings and recommendations to the Board. 6 b. Personnel Committee: This committee shall review and recommend policies pertaining to personnel matters. 0 These areas shall include recruitment and screening of applicants for the executive director position, evaluation of the executive director, welfare of staff, and affirmative action. ARTICLE IV OFFICERS Section 4.1. The officers of the corporation shall consist of a chairperson, a secretary, and a treasurer. Such officers shall be appointed by the Board from among the members of the executive committee. Section 4.2. The chairperson shall preside at all meetings of the Board at which he or she is present. He or she shall sign all official documents of the corporation as authorized by the Board, shall make reports to the Board and shall perform such other duties as are incident to his or her office and are properly expected of him or her by the Board. The chair shall serve as the chair of the executive committee. The chairperson may co -sign checks in l i e u of or in the absence of the treasurer. Section 4.3. 1 h It shall be a duty y o the secretary or his /her duly appointed agent to give notice of and attend all meetings of the corporation and of the Board of Directors and of all committees and to keep written minutes of their meetings which .include a record of votes of all members before the next meeting; to provide a copy of the minutes of any meeting to the public upon request; to make available to the public upon request translations of the minutes to the low /moderate income population that does not speak English; to conduct all correspondence and to carry into execution all orders, votes and resolutions not otherwise committed; to keep a list of the members of the corporation; to notify the officers and members of the corporation of their election; to notify members of their appointment on committees; to furnish the chairperson of each committee with a copy of the vote under which the committee is appointed, and at his or her request g i v e notice of the meetings of the committee; to prepare, under the direction of the Board of Directors, an annual report of the transactions and condition of the corporation, and generally to devote his or her best efforts to forwarding the business and advancing the interests of the corporation. In case of absence or disability of the treasurer, the secretary shall perform the duties of the treasurer. Section 4.4. The treasurer or his /her representative of the corporation shall keep an account of all monies received and 7 expended for the use of the corporation. He or she shall deposit all sums received in a bank, or banks, or trust company approved by the Board of Directors and make a report at the annual meeting or if called upon by the chairperson. In case of the death or absence of the chairperson or of his or her inability from any cause to act, the treasurer shall perform the duties of the chairperson. Section 4.5. Officers of the corporation shall be elected from the members from the executive committee at the annual meeting and shall serve both the corporation and the executive committee in the same capacity. Section 4.6. Each officer so elected shall be elected for a term of one ( 1 ) year commencing at the next meeting and cont i nu i ng until his successor is elected and qualified. No person may hold two (2) offices at the same time. Section 4.7. Any officer elected or appointed by the Board of Directors may be removed by a majority vote of the Board of Directors whenever in its judgment the best interests of the corporation would be served thereby. Section 4.8. A vacancy in any office because of death, resignation, removal, disqualification, or otherwise may be filled by the Board of Directors for the remaining portion of the term. Section 4.9. If the Board of Directors has appointed an executive director to operate the day -to -day affairs of•the corporation, it may, by resolution of the Board at its annual meeting, specify the general powers delegated to said executive director, to include the power to execute, on behalf of the corporation, routine documents and contracts which pertain to the ordinary course of business of the corporation. The power to make official policies in behalf of the corporation shall be reserved to the Board of Directors. ARTICLE V REPRESENTATION BY PETITION Section 5.1. Community agencies and representative groups of the low income which feel themselves inadequately represented on the Board may petition the Board for adequate representation. Such petitions shall be presented to the Board signed by at least fifty (50 ) persons who belong to the petitioning group. The petition shall state the nature of the group and the reasons by which it feels it is inadequately represented on the Board. 8 Section 5.2. Such petitions shall be considered at the first regular meeting of the Board following receipt of the petition. The Board shall then schedule a special meeting of the Board to determine the validity of the petition. This special meeting of the Board shall be held within forty -five (45) days of the first consideration of the petition by the Board at a regular Board meeting. Ten (10) days notice of the special meeting of the Board shall be given to the representatives of the petitioners as designated in the petition. The representatives of the petitioners shall be heard in support of the petition, and the Board shall then approve or disapprove the petition. Section 5.3. If a petitioner gains a seat on the Board, there shall be selected additional directors, utilizing the appropriate selection method set out in these Bylaws to maintain the proper balance by sectors as required by these Bylaws. Section 5.4. All proper authorities will be notified of receipt and disposition of such petition. ARTICLE VI INDEMNIFICATION Section 6.1. It shall be the policy of this corporation to provide indemnification and reimbursement to directors, officers, and employees who are made or are threatened to be made a party to a legal proceeding by reason of said person's service to the corporation. In that regard, the provisions of Minnesota Statutes, Section 317A.521, shall apply and shall provide indemnification / reimbursement to the full extent provided thereby. ARTICLE VII DIRECTORS — STANDARD OF CONDUCT Section 7.1. Standard; Liability. A director shall discharge the duties of the position of director in good faith, in a manner the director reasonably believes to be in the best interests of the corporation, and with the care an ordinary prudent person in a like Position would exercise under similar circumstances. A person who so performs those duties is not liable by reason of being or having been a director of the corporation. Section 7.9 Reliance. (a) A director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, in each case prepared or presented by: 9 1. One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; 2. Counsel, public accountants, or other persons as to matters that the director reasonably believes are within the person's professional or expert competence; or 3. A committee of the Board upon which the director does not serve, duly established by the Board, as to matters within its designated authority, if the director reasonably believes the committee to merit confidence. (b) Paragraph (a) does not apply to a director who has actual knowledge concerning the matter in question that makes the reliance otherwise permitted by paragraph (a) unwarranted. Section 7.3. Presumption of Assent; Dissent. A director who is present at a meeting of the Board when an action is approved by the Board is presumed to have assented to the action approved, unless the director: a. Objects at the beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened and does not participate in the meeting, in which case the director i s not considered to be present at the meeting for. purposes of this chapter; b. Votes against the action at the meeting; or C. Is prohibited by Section 8.1 of these Bylaws from voting on the action. Section 7.4. Not Considered "Trustee ". A member of the Board, regardless of how identified, is not considered to be a "trustee" in the sense of a "fiduciary" with respect to the corporation or with respect to property held or administered by the corporation, including, without limit, property that may be subject to restrictions imposed by the donor or transferor of the property. ARTICLE VIII DIRECTORS - CONFLICTS OF INTEREST Section 8,1 Any director who, in the discharge of his /her official duties, would be required to take an action or make a decision which would substantially affect his /her financial 10 interest or those of a business with which he /she is associated, unless the effect on him /her is no greater than on other members of his /her business classifications, profession, or occupation, shall take the following actions: a. He / shall prepare a written statement describing the matter requiring action or decision and the nature of his /her potential conflict of interest; b. He /she shall deliver, or cause to be delivered, copies of the statement to the other members of the Board of Directors; C. The Board member shall remove himself /herself from influence over the action or decision question. After the above disclosure procedure has been followed, the contract or transaction in question shall be validly authorized, approved, or ratified, if the Board of Directors approves same in good faith by a majority of the Board of Directors, but the interested director may not be counted in determining the presence of a quorum and may not vote. ARTICLE IX MISCELLANEOUS Section 9.1. Waiver of Notice. A Board member-or committee member may make a written waiver of notice before, at, or after a meeting. The waiver shall be filed with the person who has been designated to act as secretary of the meeting, who shall enter it upon the records of the meeting. Appearance at a meeting is deemed a waiver of notice unless it is solely for the purpose of asserting the illegality of the meeting. Section 9.2. Amendments. These Bylaws may be amended by a majority vote of the Board of Directors at any meeting thereof, if notice of the proposed amendment has been given in accordance with procedures required by Minnesota Statutes, Chapter 317A. Section 9.3. Revocation of Prior Bylaws. These Restated Bylaws shall, upon adoption thereof by a majority vote of the Board of Directors at duly held and constituted meeting of said directors, supersede and take the place of the heretobefore existing Bylaws of the corporation and amendments thereto. it SECRETARY'S CERTIFICATE I certify that the Restated Bylaws hereinabove set forth were duly adopted at a meeting of the members of the corporation called for this purpose on the i� day of May 1993. Secretary f c: \wp51 \cnh \cnc.by 12 RESTATED ARTICLES OF INCORPORATION OF CO -OP NORTHWEST COMMUNITY REVITALIZATION CORPORATION, f /k /a NEW HOPE COMMUNITY REVITALIZATION CORPORATION ARTICLE I. The name of this corporation shall be: Co -op Northwest Community Revitalization Corporation, f /k /a New Hope Community Revitalization Corporation. ARTICLE II. This Corporation and these Articles should be deemed to be organized under the Minnesota Non - Profit Corporation Act, Minnesota Statutes, Chapter 317A. ARTICLE III. The post office address and actual location of the registered office of the corporation shall be: 7601 Kentucky Avenue North, Brooklyn Park, MN 55428. ARTICLE IV. The purposes for which this corporation is organized are: To Provide decent housing affordable to persons of low /moderate income; to conduct research, mobilize, and utilize both public and Private resources in an attack on poverty, whose beneficiaries are the citizens of the Cities of New Hope, Crystal, Brooklyn Park, Brooklyn Center and Robbinsdale; to provide services, assistance, and other activities of sufficient scope and size to give promise of progress toward elimination of poverty or the causes of poverty; to develop employment opportunities and improve human performance, motivation and productivity, and better the conditions under which people live, learn and work; to develop, conduct, and administer such programs with the maximum feasible participation of residents of the area and members of the groups served; to conduct, administer, and coordinate programs by means of a private, non- profit agency. ARTICLE V. This corporation shall not afford pecuniary gain, incidentally or otherwise, to its members or officers and directors, and no part of the net income or net earnings of the corporation shall inure to the benefit of any private person, except that this corporation shall be authorized and empowered to pay for goods and services rendered in furtherance of its corporate purposes. Upon dissolution or final liquidation of the corporation, its assets in excess of liabilities shall be transferred to the persons, organizations, or political subdivisions which will accomplish the general purposes of the corporation as nearly as Possible; provided that any person or organization must be organized and operating exclusively for charitable; scientific, literary, or educational purposes within the meaning of Section 501(c)(3) of the United States Internal Revenue Code or similar legislation. 2 ARTICLE VI. The Board of Directors of the corporation at the time of adoption of these Restated Articles of Incorporation are: Glenn Farmer, Roger Landy, Roger Rubin, Steven Nickel, and Elaine Markey. The number, qualification, manner of election, retention, suspension, expulsion, term of directorship, and time and place of meeting or subsequent meetings shall be prescribed by the corporate Bylaws. ARTICLE VII. The members of this corporation shall consist of the Board of Directors and such other persons as may from time to time be provided by the corporate Bylaws. ARTICLE VIII. The members /directors shall not be subject to any extent whatsoever to personal liability for corporate obligations. ARTICLE IX. The period of duration of this corporation shall be perpetual. ARTICLE X. There shall be no capital stock of this corporation. ARTICLE XI. The Board of Directors shall take action by the affirmative vote of _a majority of Directors present at a duly held meeting, unless applicable law, these Articles, or the corporate Bylaws, require the affirmative vote of a larger proportion or number. 3 An action required or permitted to be taken at a Board meeting may be taken by written action, signed by the number of directors that would be required to take the same action at a meeting of the Board at which all directors were present. The written action is effective when signed by the required number of directors, unless a different effective time is provided in the written action. When written action has been taken by less than all directors, all directors must be notified immediately of its text and effective date. Committees of the Board shall likewise take action by the affirmative vote of a majority of the committee members present at a duly held meeting. An action required or permitted to be taken at a committee meeting may be taken by the written action signed by the number of committee members that would be required to take the same action at a meeting of the committee at which all committee members were present. The written action is effective when signed by the required number of committee members, unless a different effective time is provided in the written action. When written action has been taken by less than all committee members, all committee members must be notified immediately of its text and effective date. Meetings of the Board and meetings of committees of the Board may be conducted through the means of electronic communications and shall be provided for by the corporate Bylaws. 4 IN WITNESS WHEREOF the n u der si ned do hereby 9 by certify that the foregoing Restated Articles of Incorporation of Co -op Northwest Community Revitalization Corporation, f /k /a New Hope Community Revitalization Corporation, were duly adopted on the �_ day of 1993. A, Chairpe on Secretary STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this I} day of a 1993 before me Notary Public within and for said Cou y e t and State, a 1�o4 -ev 3 . Qub,� Personal 1 y appeared and Qr tw to mg personally know, who, being by me duly sw rn, did say that they are respectively the Chairperson and Secretary of the Co -op Northwest Community Revitalization Corporation, f /k /a the New Hope Community Revitalization Corporation, the Minnesota nonprofit corporation named in the foregoing instrument; and that said instrument was signed on behalf of said nonprofit corporation by authority of its Direct ors, and said QoQer a. Qubl^ and L(g1n.t M Ufk% acknowledged sai nst rument to be the free act and deed of said nonpro n/�4( rpor ion ' J� Notary Public c: \wp51 \cnh \cnc.r -a ,,�� STEVENkSONDRALL f NoraaY PUBLIC— MINNESOTA �JENNEPIN COUNTY h'Y Commission Expires Nov. 9, 1993 x 0 5 CITY OF BROOKLYN CENTER Council Meeting Date zz& 93 Agenda Item Number /3 F REQUEST FOR COUNCIL CONSIDERATION ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Charles Hansen, Finance Director MANAGER'S RNWBW /RECONNENDATION: aM i� No comments to supplembnt this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Last year,, the City Council asked the Financial Commission to develop a policy to guide the approval of projects to be paid for by the Capital Improvements Fund. The General Fund and the Capital Improvements Fund had been the only two city funds without restrictions on how their resources could be spent. The Financial Management Policies adopted on June 8, 1992 provided such guidance for the General Fund. Since then, the Commission and staff have worked through several drafts of a policy and extensively debated the various issues. We feel the resulting draft policy provides guidance on expenditures without unduly preventing the City Council from being able to act in the City's best interest. RECOMMENDED CITY COUNCIL ACTION The Financial Commission recommends the attached Capital Improvements Fund Expenditure Policy for consideration and adoption as a City Council Policy. • CITY OF BROOKLYN CENTER CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY POLICY OBJECTIVE The City of Brooklyn Center makes unrestricted capital expenditures through one of two funds. Generally, small capital expenditures are funded through the general fund and planned for as part of the annual budgeted process for the general fund. Large unrestricted capital expenditures are funded through the capital improvements fund based on resolution 68 -246, which was approved in 1968. Capital expenditures are also made through other funds such as the M.S.A. construction fund, the special assessment construction fund, the water fund, the sanitary sewer fund, and the storm drainage fund. These funds each have restrictions in place to guide their expenditures. The objective of this policy is to clarify funding for all unrestricted capital expenditures by specifically defining which capital expenditures are eligible for funding through the capital improvements fund. Unrestricted capital expenditures not meeting the criteria for the capital improvements fund must be made from the general fund operating budget. Specifically excluded from this policy are capital expenditures that are to be reimbursed by insurance proceeds. These may be accounted for through the capital improvements fund at the discretion of the Director of Finance. SOURCE OF FUNDS The sources are ad- valorem taxes, issuance of bonds, state and federal grants,. transfers of unrestricted balances from other funds and investment earnings. USE OF FUNDS The following defines general expenditure criteria for the utilization of the capital improvements fund balance. A. Major: An capital expenditure that exceeds $25 000. Capital 7 Y P P + P expenditures of less than $25,000 are to be made through the general fund operating budget. B.) Permanent: Any capital expenditure that has an estimated useful life of 10 years or longer. C.) Facility: Buildings, improvements to real estate, the acquisition of land for city purposes. This definition_ excludes the acquisition of land for development or resale and excludes vehicles. Additionally, the capital improvements fund may be used to provide loans to other funds maintained by the City. However, loans from the capital improvement fund may only be made to proprietary funds which have the ability to generate revenue and repay the loan within 10 years at prevailing interest rates. AUTHORITY TO SPEND Expenditures meeting the above criteria may be funded through the capital improvements fund based on the following authority limits: A.) Expenditures from $0 to $25,000: Not eligible for funding from the capital improvements fund. Funding is required through the general fund operating budget. B.) Expenditures from $25,001 to $200,000: The City Council may, through simple majority, approve these expenditures. C.) Expenditures over $200,000: Following a public hearing, City Council may, through a 4 /5th's majority, approve expenditures in this category. SPENDING LIMITATION /FUND BALANCE REQUIREMENT The objective as described above and previously defined in Resolution 68 -246 requires the capital improvements fund to be a permanent source of funding for planned major expenditures. As such, the following criteria is established to comply with that intent: A.) Planned Expenditures: If the proposed capital expenditure is in excess of $200,000 it must have been included in the five year capital improvements plan for at least two years. Additionally, the five year capital improvements plan must be approved by the City Council at a public hearing on an annual basis. B.) Fund Balance Requirements: A minimum fund balance shall be maintained with a beginning balance of $3,000,000 as of January 1, 1993 and increased by the Consumer Price Index each year thereafter. POLICY AMENDMENT Amendments to this policy require a 4 /5th's majority - by City Council vote. ROLE OF THE FINANCE COMMISSION If a review of an expenditure is requested by the City Council from the Finance Commission, the Finance Commission will respond on the basis of the following questions: A) Does the expenditure comply with the Capital Improvements Fund Expenditure Policy? B.) Is the expenditure appropriate considering the financial condition of the City? CITY OF BROOKLYN CENTER Council Meeting Date November 8 . 1993 Agenda Item Number / Q� REQUEST FOR COUNCIL CONSIDERATION ######################################################## # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ITEM DESCRIPTION: RESOLUTION AMENDING RESOLUTION NO. 91 -153 REGARDING THE COMMUNICATIONS TASK FORCE DEPT. APPROVAL: Geral . Barone, Personnel Coordinator ######################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## # ## # # # # # # # # # # # # ## MANAGER'S REVIEW/RECOnMEENDATION: No comments to supplement this report Commen s below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) At the October 25, 1993, city council meeting, Councilmember Rosene pointed out an error in Resolution No. 91 -153 Establishing a Brooklyn Center Ad Hoc City Communications Task Force and Defining Duties and Responsibilities. Attached is a resolution correcting this error. Subdivision 6 of Resolution No. 91 -153 outlines the responsibilities of the task force's chairperson. Section 3 says one of these is to "Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Communications Task Force of matters relevant to City finances." It is the last word of this statement that needs to be corrected, so the attached resolution replaces "finances" with "communications ". RECOMMENDED CITY COUNCIL ACTION Approve a Resolution Amending Resolution No. 91 -153 Regarding the Communications Task Force. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 91 -153 REGARDING THE COMMUNICATIONS TASK FORCE WHEREAS, Resolution No. 91 -153 established the Brooklyn Center Ad Hoc City Communications Task Force and defines its duties and responsibilities; and WHEREAS, Subdivision 6. Members Method of Selection - Term of Office - Removal: Chairperson: 3. contains a statement relevant to the City's Financial Commission rather than the Communications Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that Subdivision 6., Chairperson: 3. of Resolution No. 91 -153 is hereby amended as follows: Subdivision 6. Members Method of Selection - Term of Office - Removal: Chairperson: 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Communications Task Force of matters relevant to City communications. 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. 0 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 91 -153 RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC CITY COMMUNICATIONS TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council has authorized the creation of an ad hoc task force for the express purpose of reviewing the City's communications efforts and assisting the City Council in formulating priorities related to communications. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory ad hoc City Communications Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center ad hoc City Communications Task Force. Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to the City's communications efforts. Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to evaluate and recommend methods to improve communications between the City of Brooklyn Center and its citizens. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: (1) Review and evaluate the City's 1990 communications audit prepared by Coleman & Christison, Inc.' (2) Evaluate tools to solicit input from citizens, such as town meetings or a professional survey. (3) Evaluate use of personnel and /or consulting services to accomplish communications goals. (4) Evaluate the use of cable television as a method to communicate with citizens. Subdivision S. COMPOSITION: The Task Force shall be composed of a chairperson and six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. RESOLUTION NO. 91 -153 Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to the City's communications efforts as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Communications Task Force of matters relevant to City finances. t Vice Chairperson A Vice Chairperson shall be appointed by the Mayor with majority consent of the city council from the members of the Task Force. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Task Force shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member appointed by the Mayor with majority consent of the City Council. Oualification for Membership At least four members of the Task Force shall be residents of the City of Brooklyn Center while serving on the Task Force, shall have been L residents of said City for at least one year prior to their appointment, and shall represent an interest in the RESOLUTION NO. 91 -153 communications of the city. The other Task Force members shall represent local media organizations such as newspapers and cable television or, if these representatives are not available, shall also be residents of the City of Brooklyn Center. Representation Reauirements Due regard shall be given by the Mayor in appointing Task Force members with geographical distribution within the City, and the representative nature of the Task Force in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest Members shall comply with provisions of the City of Brooklyn Center's business ethics policy. Resignations- Removal from Office - Vacancies Members may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive absences from duly called Task Force meetings or absences from a majority of duly called Task Force meetings within one calendar year shall constitute automatic resignation from office. The City Manager shall inform the Mayor of such automatic resignations. Vacancies in the Task Force shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Members shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Task Force shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Task Force shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Task Force. Special meetings may be called by the chairperson. Subdivision 9. STAFF: The City Manager shall serve as staff to the Task Force. The City Manager, or his designee, shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the chairperson. I_ RESOLUTION NO. 91 -153 Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Task Force, privileged to speak on any matter but without a vote, and shall provide a liaison between the Task Force and the City Council. Subdivision 11. TASK FORCE TERM: The provisions of this resolution shall expire on June 30, 1992, unless specifically extended by the City Council on or before said date. June 10, 1991 Date Todd Pa idson, Mayor ATTEST: �.�. Deputy Clerk ' The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. I i CITY OF BROOKLYN CENTER Cawcil Mxtiug Date 11/8/93 Agcnda Itcm Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF NICHOLAS EOLOFF FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION DEPT. APPROVAL: - '-� ywzr'� Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below /attached SL AEVIARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION PASS A RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF NICHOLAS EOLOFF FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION. Mh Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF NICHOLAS EOLOFF FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Nicholas Eoloff served on the Brooklyn Center Housing Commission from June 13, 1988, through October 14, 1993; and WHEREAS, Nicholas Eoloff served as Chairperson of the Housing Commission from January 3, 1989, to October 14, 1993; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Brooklyn Center Housing Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Nicholas Eoloff is hereby recognized and appreciated by the City of Brooklyn Center. 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 Council Meeting Date I1 i8/93 Agenda Item Number 4 14 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PAMELA FRANTUM FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION DEPT. APPROVAL: J6" _k Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONMIENDATION: - F No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION PASS A RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PAMELA FRANTUM FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PAMELA FRANTUM FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Pamela Frantum served on the Brooklyn Center Housing Commission from May 27, 1989, through October 13, 1993; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Brooklyn Center Housing Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Pamela Frantum is hereby recognized and appreciated by the City of Brooklyn Center. 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. 0 CITY OF BROOKLYN CENTER Council Meiling Date 11/8/93 Agenda Item Number / i u REQUEST FOR COUNCIL CONSIDERATION ITEM DESCR]7nON: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CHARLES RICKART FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOM IENDATION: 7 No comments to supplement this report Comments below /attached SUMMLARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION PASS A RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CHARLES RICKART FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION. Nd Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CHARLES RICKART FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION WHEREAS, Charles Rickart served on the Brooklyn Center Park and Recreation Commission from February 11, 1992, through September 30, 1993; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly y appreciated by the Brooklyn Center Park and Recreation Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Charles Rickart is hereby recognized and appreciated by the City of Brooklyn Center. 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 Council Meeting Date 11/8/93 / Agenda Item Number T REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO IMPROVEMENTS TO CENTRAL GARAGE, IMPROVEMENT PROJECT NO. 1993 -19 DEPT. APPROVAL: Sy Knapp, Directg of Public Works MANAGER'S REVIEW/RECOMNIENDATION: =' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes On 9/27/93 the City Council adopted Resolution No. 93 -159, approving proposed improvements to the City's Central Garage and authorizing staff to negotiate with Mjorud Architecture for professional services needed in conjunction with this improvement. The Fuel System Issue Council members will recall that the issue of whether or not, under existing codes and regulations, the existing fuel system will need to be replaced in conjunction with proposed building improvements was left unresolved, pending further evaluation. As adopted by the Council, the resolution provides that if the fuel system needs to be replaced in 1993 or '94, the budget for the project would be $1,700,000. If, however, replacement of the fuel system is not required, the budget will be $1,375,000. Since that time Fire Chief Boman has reviewed applicable regulations and has arranged to have the existing system tested and evaluated. On the basis of those tests and evaluation, he now advises that the existing system which uses "single - wall" tanks is acceptable until 1997 — provided no leakage occurs. Under existing rules, all single -wall tanks will need to be replaced with double -wall tanks in 1997. Accordingly, staff is proceeding on the basis that replacement of the fuel system, and other site improvements which relate directly to the fuel system, will not be included in the current improvement, but scheduled for 1997 in the Capital Improvement Program (CIP), with a preliminary cost estimate of $375,000 (i.e. - $50,000 more than the estimated costs for including it in the current project —to reflect additional costs for remobilization, some overlap of • construction areas, etc.). On this basis, the budget for current improvements will be $1,375.000. Proposals for Professional Services As noted above, the resolution which the City Council adopted on 9/27/93 authorized staff to negotiate for professional services relating to this project with Mjorud Architecture. That authorization was given by the City Council based on the following information provided within the "Request for Council Consideration" which was before the City Council at that meeting: "Authorization is requested from the Council to solicit a proposal for architectural services. The City's policy for the procurement of professional services requires that an RFP process be used for consultant selection, with some exceptions. Staff proposes to consider this case an exception to the policy, and to solicit a proposal for professional services from Mjorud Architecture, based on the following justification: • Mjorud Architecture has provided architectural services relating to this building for the past 8 years. Mjorud provided the architectural component of the air quality study, and was intimately involved in the development of the preliminary plans for the remodelling now under consideration. • Mjorud has a strong track record with the City, and has a demonstrated ability to develop cost - effective plans which meet the City's needs. It is requested that the Council authorize staff to negotiate a proposal with Mjorud for all professional services, with Mjorud to provide architectural services and to subcontract for other professional services with providers who are acceptable to the City. If staff are unable to . negotiate an acceptable contract, then we would return to the Council with a request to approve solicitation of proposals by RFP." During the process of these negotiations, architect Mjorud recommended that the City obtain separate proposals for (1) a site survey and (2) a geotechnical survey, and that the City consider contracting directly with these service providers, rather than through Mjorud Architecture, so that we don't have to pay Mjorud "handling costs" of approximately 15% to deal with, and process payments for those contracts. Staff agreed with that recommendation, prepared RFP's and received the following proposals: For site survey (by a registered land surveyor) Cherrier Land Surveyors Inc. $2460.00 MSA Consulting Engineers $3200.00 Westwood Professional Services Inc. $3500.00 For geotechnical services (soil borings & analyses) Braun Intertec $3080.00 STS Consultants Ltd. $3300.00 Attached hereto is a copy of the proposal submitted by Mjorud Architecture, to provide architectural services; and mechanical, electrical and structural engineering services for this project. In this proposal, Mjorud Architecture agrees to provide all "basic services" required during the design phase, the • construction documents phase, the bidding phase and the construction phase for a stipulated (lump sum) fee of $84,075. In addition, Mjorud estimates that "reimbursable allowances" (i.e.— printing of plans and specifications, and other miscellaneous expenses) will total approximately $5000. Current Cost Estimate Our current summary of estimated project costs is as follows: for professional services: Mjorud Architecture Basic services $ 84,075 Reimbursable allowances 5,000 Braun Intertec 3,080 Cherrier Land Surveyors Inc. 2.460 Subtotal Professional Services $ 94,615 for construction contracts: General construction contract $1,265,385 * Note : The general construction contract will require the contractor to hire an independent testing laboratory to conduct Indoor Air Quality Testing including a Tracer Gas Analysis, in order to "commission" the building. The estimated $7,200 cost for this service is included in this estimate of general construction contract costs. Asbestos /PCB Abatement removal contract $ 15.000 Subtotal Construction Contracts $1.280.385 Estimated Total Project Costs $1,375,000 Staff Comment and Recommendation Using the estimates of cost; the fees proposed by Mjorud Architecture equal approximately seven percent (7%) of the total construction cost ( 89.075 It ( 1,280,385) is the opinion of City staff that it is a fair, reasonable and acceptable fee for these services. It is also our opinion that the proposals of Cherrier Land Services and Braun Intertec are fair and reasonable. Accordingly, we recommend acceptance of those three proposals. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO IMPROVEMENTS TO CENTRAL GARAGE, IMPROVEMENT PROJECT NO. 1993 -19 WHEREAS, on September 27, 1993 the City Council adopted Resolution No. 93 -159, establishing Improvement Project No. 1993 -19, Improvements to Central Garage, Allocating Funds Therefor and authorizing staff to solicit proposals for professional services relating thereto; and WHEREAS, staff has solicited for and received the following proposals: For site survey Cherrier Land Surveyors Inc. $2460.00 MSA Consulting Engineers 3200.00 Westwood Professional Services Inc. 3500.00 For geotechnical services Braun Intertec $3080.00 STS Consultants Ltd. 3300.00 For architectural and engineering services Mjorud Architecture Lump sum fee for basic services $84,075 Estimated cost for reimburse - able allowances 5,000 Total $89,075 AND WHEREAS, the Director of Public Works has advised the Council that the proposals of Cherrier Land Surveyors, Braun Intertec and Mjorud Architecture are responsible proposals which will provide the professional requirements for this improvement, and that those proposals are fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the proposals submitted by Cherrier Land Surveyors, Inc., by Braun Intertec and by Mjorud Architecture are hereby accepted. The Mayor and City Manager are hereby authorized and directed to execute contracts for such services on the basis of their proposals. RESOLUTION N0. 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. T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S i, AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Eighth day of November in the year of Nineteen Hundred and Ninety Three BETWEEN the Owner: CITY OF BROOKLYN CENTER (Name and address) 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 and the Architect: MJORUD ARCHITECTURE (Name and address) 12400 12th Avenue North Minneapolis, MN 55441 For the following Project: MUNICIPAL GARAGE, 6844 Shingle Creek Parkway, Brooklyn Center (Include detailed description of Project, location, address and scope.) The scope of work is established by schematic designs prepared under Owner Architect Agreement dated October 27, 1992 and ident— ified as PLAN 1, PLAN 2 and Yard Package 1 approved by the City Council for the Project described above. The City Council decided not to include PLAN 1 —A, PLAN 3, YARD PACKAGE 2 and YARD PACKAGE 3. The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 - OWNER - ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - OI987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 B141 -1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect, Architect's employees and Architect's 2,3.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owner's approval a schedule for ments and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner, the Architect shall prepare, for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specitica- approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construc- the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract, and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cited by changes in requirements or general market conditions. • 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for 2.1.1 The Architect's Basic Services consist of those described the approval of governmental authorities having jurisdiction in Paragraphs 2.2 through 2.6 and any other services identified over the Project. in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the 2.2.1 The Architect shall review the program furnished by the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.2.2 The Architect shall provide a preliminary evaluation of 2,6 CONSTRUCTION PHASE — ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences 2.2.3 The Architect shall review with the Owner alternative with the award of the Contract for Construction and termi- approaches to design and construction of the Project. hates at the earlier of the issuance to the Owner of the final 2.2.4 Based on the mutually agreed -upon program, schedule Certificate for Payment or 60 days after the date of Substan- and construction budget requirements, the Architect shall tial Completion of the Work. prepare, for approval by the Owner, Schematic Design Docu- 2,6.2 The Architect shall provide administration of the Con- merits consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area, volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties, responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shalt not be restricted, modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1'35 NEW YORK AVENUE, N W., WASHINGTON, D.C. 2(X)06 8141 -1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work, (2) reviewed construction means, meth - and consult with the Owner (1) during construction until final ods, techniques, sequences or procedures, (3) reviewed copies payment to the Contractor is due, and (2) as an Additional Ser- of requisitions received from Subcontractors and material sup - vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction. The the Contractor's ri t to payment or right 4 p y () ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified b written ntten instrument. 2.6.11 The Architect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the to the stage of construction or as otherwise a b th gr Y e Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar tion of the intent of the Contract Documents, the Architect Rill with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ner indicating that the Work when completed will be in accor- ments, whether or not such Work is fabricated, installed or dance with the Contract Documents. However, the Architect completed. However, neither this authority of the Architect nor shall not be required to make exhaustive or continuous on -site a decision made in good faith either to exercise or not to exer- inspections to check the quality or quantity of the Work. On vise such authority shall give rise to a duty or responsibility of the basis of on -site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per - the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as 26.12 The Architect shall review and approve or take other described in Paragraph 3.2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction means, methods, and the design concept expressed in the Contract Documents. techniques, sequences or procedures, or for safety precautions The Architect's action shall be taken with such reasonable and programs in connection with the Work, since these are promptness as to cause no delay in the Work or in the con - solely the Contractor's responsibility under the Contract for struction of the Owner or of separate contractors, while allo %v- Construction. The Architect shall not be responsible for the ing sufficient time in the Architect's. professional judgment to Contractor's schedules or failure to carry out the Work in accor - permit adequate review. Review of such submittals is not con - dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and com- ha e control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities or for, Subcontractors, or their or substantiating instructions for installation I err agents or employees, or of any g s allation or performance of Other persons performing portions of the Work. equipment or systems designed by the Contractor, all of n-hrch remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's revie';v wherever it is in preparation or progress. shall not constitute approval of safety pp e y precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of a specific item shall not indicate cially authorized, the Owner and Contractor shall communicate approval of an assembly of which the item is a component - through the Architect. Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall be through the Architect. of materials, systems or equipment is required by the Contract 2.6.9 Based on the Architect's observations and evaluations of Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip - the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. ment will meet the performance criteria required by the Con tract Documents. 2.6.10 The Architect's certification for payment shall consti- 2,6.13 The Architect shall prepare Change Orders and Con - tute a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pav Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and ment, that, to the best of the Architect's knowledge, informa execution in accordance with the Contract Documents, and tion and belief, the Work has progressed to the point indicated may authorize minor changes in the Work not involvin an and the quality of Work is in accordance with the Contract g adjustment in the Contract Sum or an extension of the Contract Documents. The foregoing representations are sub' 8 g subject to an P I ime which are not inconsistent with the intent of the Contract evaluation of the Work for conformance with rth the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect. The issuance of a completion, shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to a ment in the amount certi- P Y documents required m uir ed b the Contract Documents ents and assem- fled. However, the issuance of a Certificate for Payment shall bled by the Contractor, and shall issue a final Certificate for Pay - not be a representation that the Architect has (1) made exhaus- ment upon compliance with the requirements of the Contract five or continuous on -site inspections to check the quality or Documents. AIA DOCUMENT B141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAO • C 1987 3 B141 -1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- cerning performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights, responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the.intent of and reasonably inferable from the 3.3 CONTINGENT ADDITIONAL SERVICES Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- documents when such revisions are: mance by both Owner and Contractor, shall not show partiality .1 inconsistent with approvals or instructions previously to either, and shall not be liable for results of interpretations or given by the Owner, including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget; tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such 2.6.18 The Architect shall render written decisions within a documents; or reasonable time on all claims, disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant 2.6.19 The Architect's decisions on claims, disputes or other changes in the Project including, but not limited to, size, qual- matters, including those in question between the Owner and ity, complexity, the Owner's schedule, or the method of bid - Contractor, except for those relating to aesthetic effect as pro- ding or negotiating and contracting for construction, except for vided in Subparagraph 2.6.17, shall be subject to arbitration as services required under Subparagraph 5.2.5. provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings, Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur - addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor, by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor, or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to com- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required, the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services. arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents for alternate, separate or sequential 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding, negotia- described in Subparagraph 2.6.5 is required, the Architect shall tion or construction prior to the completion of the Construc- provide one or more Project Representatives to assist in carry- tion Documents Phase. ing out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and 3.4 OPTIONAL ADDITIONAL SERVICES directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program - sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing Representatives shall be as described in the edition of AIA financial feasibility or other special studies. Document B352 current as of the date of this Agreement, unless 3.4.3 Providing planning surveys, site evaluations or com- otherwise agreed. parative studies of prospective sites. AIA DOCUMENT B141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THE ANIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 B141 -1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project, including the Construction Cost, the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 if requested by the Architect, the Owner shall fumish evi- and equipment. deuce that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this Agreement. facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderl} separate contractors or by the Owner's own forces and cooreli- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description of the site. The struction manager or separate consultants retained by the surveys and legal information shall include, as applicable, Owner. grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights- of-wa }, restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations. dimen- material, equipment and labor. sions and necessary data pertaining to existing buildings, other 3.4.12 Providing analyses of owning and operating costs. improvements and trees; and information concerning available utilitv services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths. A11 the information required for or in connection with the selection, procurement on the survey shall be referenced to a Project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- services may include but are not limited to test borings, test ment, or valuations and detailed appraisals of existing facilities pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating cub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked -up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul - 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing, adjusting and balancing, preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for air The Owner shall furnish structural, mechanical, chemical, operation and maintenance, and consultation during operation. air and water pollution tests, tests for hazardous materials, and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Pavment, or in the absence of a final Cer- reports required by law or the Contract Documents, tificate for Pavment, more than 60 days after the date of Sub - stantial Completion of the Work. 4.8 The Owner shall furnish all legal, accounting and insurance 3.4.19 Providing services of consultants for other than archi- counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering pot Project, including auditing services the Owner may require to bons of the Project provided as a part t Basic Services. verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives, schedule, constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request certifica- bility, expandability, special equipment, systems and site tions that would require knowledge or services bevond the requirements. scope of this Agreement. AIA DOCUMENT 8141 OWNER- ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA' - _1987 5 B141 -1987 THE AMERICAN 1NSTMT VE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W.. W'ASMNGTON. D C. ?()(x+b . _,_ _.____. .:_......- � � c ....,..,.�..h� ia,..c a�� is cnhiect to leaal ❑rosec�tion. ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, 5.1.1 The Construction Cost shall be the total cost or esti- the Architect, without additional charge, shall modify the Con - mated cost to the Owner of all elements of the Project designed tract Documents as necessary to comply with the fixed limit, if or specified by the Architect. established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights -of -way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre - 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary- and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, struction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies, including repro - the construction industry. It is recognized, however, that nei- ducible copies, of the Architect's Drawings, Specifications and ther the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project. The Archi- of determining bid prices, or over competitive bidding, market tect's Drawings, Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects, for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto. If tion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in ARTICLE 7 the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an 7,1 Claims, disputes or other matters in question between the increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree - Contract for Construction. ment or breach thereof shall be subject to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tmtion in accordance with the Construction Industry Arbitra within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall be filed in writing with the general level of prices in the construction industry between the other party to this Agreement and with the American Arbitra- date of submission of the Construction Documents to the tion Association. A demand for arbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after the claim, dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen. In no event shall the demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in 1 give written approval of an increase in such fixed question would be barred by the applicable statutes of limitauons. limit; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include, by consolidation, joinder or in any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, AIA DOCUMENT B141 - OWNER- ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - ©1987 B141 -1987 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW , WASHINGTON, D.C. 20006 ,.. .....- „-,.------ o t i s rnnvrinht taws and is subject to legal prosecution. except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner, Architect, and any other Additional Services earned to date if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person or entity shall not constitute ,3 Five percent of the total compensation for Basic and consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination question not described in the written consent or with a person occurs during any subsequent phase. or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to ARTICLE 9 this Agreement shall be specifically enforceable in accordance With applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall be rr the final, and judgment may be entered upon it in accordance with e Unless otherwise provided, this Agreement shall be he applicable law in any court having jurisdiction thereof. ed by the law of the principal place of business of t Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con - ARTICLE 8 tract for Construction, current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9,3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have 8.1 This Agreement may be terminated by either party upon accrued and the applicable statutes of limitations shall com- not less than seven days' written notice should the other party mence run not later than either the date it Substantial om- fail substantially to perform in accordance with the terms of this pletion for acts or failures to act occurring prior to Substantial Agreement through no fault of the party initiating the termination. Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension. When the 9 The Owner and Architect waive all rights against each Project is resumed, the Architect's compensation shall be equi- other and against the contractors, consultants, agents and tably adjusted to provide for expenses incurred in the interrup- employees of the other for damages, but only to the extent cov- tion and resumption of the Architect's services. ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of AIA Document A201, General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement. The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves. 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination. sors, assigns and legal representatives of such other parr with respect to all covenants of this Agreement. Neither Owner nor 8.5 If the Owner fails to make payment when due the Archi- Architect shall assign this Agreement without the written con - tect for services and expenses, the Architect may, upon seven sent of the other. days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree - by the Architect within seven days of the date of the notice, the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice. In the event prior negotiations, representations or agreements, either writ - of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contmc- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination, together with Reimbursable Expenses then due 9.8 Unless otherwise provided in this Agreement, the Architect and all Termination Expenses as defined in Paragraph 8.7. and Architect's consultants shall have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery, presence, handling, removal or disposal of or expo - Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination. Termination Expenses shall site, including but not limited to asbestos, asbestos products, be computed as a percentage of the total compensation for polychlorinated biphenyl (PCB) or other toxic substances. Basic Services and Additional Services earned to the time of ter 9.9 The Architect shall have the right to include representa- mination, as follows. tions of the design of the Project, including photographs of the 1 Twenty percent of the total compensation for Basic exterior and interior, among the Architect's promotional and and Additional Services earned to date if termination professional materials. The Architect's materials shall not occurs before or during the predesign, site analysis, or include the Owner's confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • © 1987 7 8141.1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON. D.C. 20006 the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 initial payment as set forth in Paragraph 1 1 -1 is the motional materials for the Project. minimum m payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- ARTICLE 10 vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary con- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as emplovment struction Cost and any portions of the Project are deleted or taxes and other statutory employee benefits, insurance, sick otherwise not constructed, compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the extent services are per - and benefits. formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide 10.2 REIMBURSABLE EXPENSES bid or negotiated proposal, or (2) if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- received, the most recent preliminary estimate Of Construction Lion for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such por- incurred by the Architect and Architect's employees and con- tions of the Project. sultants in the interest of the Project, as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the .architect's additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made momhl\ travel; long- distance communications; and fees paid for secur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Specifications and other documents. 10.5.1 No deductions shall be made from the architects com- 10.2.1.3 If authorized in advance by the Owner, expense of pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates. sums withheld from payments to contractors, or on account of 10.2.1.4 Expense of renderings, models and mock -ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the 10.6.1 Records of Reimbursable Expenses and expenses per - Owner in excess of that normally carried by the Architect and taining to Additional Services and services performed on the Architect's consultants. basis of a multiple of Direct Personnel Expense shall be av °ail- 10.2.1.6 able to the Owner or the Owner's authorized representative at eqi} Meet- timeei�- e�at�eeFriti -tie gtc�}ect. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of is not requested Dollars (5 —0— ) shal�F+IREIe a}�ott r�teet�tiofl -ej€ tki� Agreernerx zrxi- erec4itecft rtttc E*t�er aec�otiflt att+�ttl pctyeet- 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as pan of Basic Services. Basic Compensation shall be computed as follows: (Insert hasis of compensation, including stipulated suns, multiples or percentgges. and identify pbtises to ivwcb partic metixxis o/ cumpensaftort UPPI / nueccssarl'J Compensation shall be a stipulated sum of Eighty Four Thousand Seventy Five Dollars ($84,075). AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AtA • 11987 8141 -1987 8 THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE, N W , WASHINGTON, D.C. 2000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as apprWriatej Schematic Design Phase: Fifteen percent (15 %) Design Development Phase: Twenty percent (2 0 %) Construction Documents Phase: Forty percent (40 a Bidding or Negotiation Phase: Five percent( 5 %) Construction Phase: Twenty percent (20 %) Total Basic Compensation: one hundred percent (100°/x) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: If needed, compensation for these services rendered by Principals, employees and Architectural Consultants shall be based on the Architect's current Hourly Billing Rates. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding Ser- vices of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel EiVense for Principals and employees. and identify PrinctpaCs and classify employees. if required. Identify specific services to wbicb particular metbods of compensation apply, if necessary.) If needed, compensation for these services rendered by Principals, enployees and Architectural Consultants shall be based on the Architect's current Hourly Billing Rates. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural. mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as pan of Additional Services, a multiple Of one point two ( 1.2 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10 2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one point one ( 1 . 1 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 ) months of the date hereof, through no fault of the architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2• 11.5.2 Payments are due and payable f if t e e n ( 15 ) days from the date of the Architect's invoice. Amounts unpaid t h i r t Y ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the Legal rate prevailing from time to time at the principal place of business of the architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Trtub in Lending Ad, similar state and toed consumer credit laws and other regtdatrons at the Owner's and Arcbr- tect's principal places of business, the location of rbe Project and elsewbere may a(Jea the validity of Ibis prnv"Im Specific legal advice sbould be obtained unch respect to deletions or modifications. and also regarding requirements such as written disclosures or waivers.) ALA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMEN • FOURTEENTH EDITION • AIA • CC1997 9 8141 ^1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C- 20006 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) Article 10.2.1.6 There is no extra charge for computer time in either the Architect's Office or the Consultant Offices of the Architect. Article 12.1 If the City of Brooklyn Center would need additional services, the services would be billed based on the current Hourly Billing Rates attached as Exhibit "A ", pages 1 - 3. This Agreement entered into as of the day and year first written above. OWNER CITY OF BROOKLYN CENTER ARC IT T MJO RUD ARCHIT URE (Signature) Si re) Gerald G. Splinter, City Manager Al Mjorud, AIA Architect (Printed name and title) (Printed name and title) (Signature) Todd Paulson, Mayor (Printed name and title) AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAS • c1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVENUE, NW., WASHINGTON, D.C.'_(NH)6 13141 -1987 10 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. EXHIBIT A, page I ARCHITE CTURAL AND ENGINEERING FEE Architect's Hourly Billing Rates -1993 Principal time of Al Mjorud will be invoiced at a fixed rate of eighty dollars ($80.00) per hour. Supervisory time will be invoiced at the fixed rate of fifty -five dollars ($55.00) per hour. Supervisory personnel include: Project Representatives or Clerks of the Works Project Architects Project Managers Professional time will be invoiced at a fixed rate of fifty -five dollars ($55.00) per hour. Professional personnel include: Architects Specifiers Technical Level time will be invoiced at a fixed rate of forty -five dollars ($45.00) per hour. Technical level personnel include: Drafters Designers Model Builders Renderers Clerical time will be invoiced at a fixed rate of thirty -five dollars ($35.00) per hour. Clerical personnel include: Computer /Word Processing Operators Secretaries Typists, etc. EXHIBIT A, page 2 ARCHITECTURAL AND ENGINEERING FEES Structural Engineer's Hourly Billing Rates -1993 Principal time of Gregory J. Duerr shall be invoiced at a fixed rate of sixty -five dollars ($65.00) per hour. Principal time of Dorance J. Thorn shall be invoiced at a fixed rate of fifty -five dollars ($60.00) per hour. Senior Engineer time shall be invoiced at a fixed rate of sixty dollars ($60.00) per hour. Project Engineering and Project Coordinator time shall be invoiced at a fixed rate of forty -five dollars ($45.00) per hour. Personnel in this category include: Engineering and Senior Technician time shall be invoiced at a fixed rate of forty - five ($45.00) per hour. The engineering and senior technical level personnel include: Graduate Engineers Senior Technicians Technical level time shall be invoiced at a fixed rate of forty ($40.00) per hour. The technical level personnel include: Technicians Clerical time at a fixed rate of fifteen dollars ($15.00) per hour. The clerical personnel include: Secretaries Typists Receptionist EXHIBIT A, page 3 ARCHITECTURAL AND ENGINEERING FEES Mechanical and Electrical Engineer's Hourly Billing Rates -1993 Principal time shall be invoiced at a fixed rate of sixty -five dollars ($65.00) per hour. The principals are: Bruce E. Follestad Bob M. Barrett Design engineering time shall be invoiced at a fixed rate of fifty -five dollars ($55.00) per hour. Design engineering personnel include: Design Engineers Engineers in Training Clerical time shall be invoiced at a fixed rate of thirty -five dollars ($35.00) per hour. Clerical personnel include: Secretaries Receptionist Typists, etc. CITY OF BROOKLYN CENTER Council Meeting Date 11/08/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -C, REPLACEMENT OF WATER MAINS ON LAWRENCE ROAD AND ALDRICH COURT, IMPROVEMENT PROJECT NO. 1993 -07, AND SANITARY SEWER REPAIR (5 LOCATIONS), IMPROVEMENT PROJECT NO. 1993 -16 DEPT. APPROVAL: "ell Sy Knapp, 646ctor of blic Works MANAGER'S REVIEW/RECOMMENDATION: • No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ---- I Contract 1993 -C, Improvement Project Nos. 1993 -07 and,1993 -16, has been completed by Metro Utilities, Inc. This project involved the replacement of water mains in Lawrence Road and Aldrich Court, and the repair of five separate sections of broken sanitary sewer pipe in the Southeast Neighborhood. The City Council accepted Metro's bid proposal per Resolution No. 93 -111 and a contract was subsequently executed. The actual value of work performed is $863.91 more than the original contract value plus approved change orders, due to a minor underestimation of contract quantities. Staff recommends acceptance of the work performed and authorization to make final payment to Metro Utilities, Inc. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Metro Utilities, Inc. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -C, REPLACEMENT OF WATER MAINS ON LAWRENCE ROAD AND ALDRICH COURT, IMPROVEMENT PROJECT NO. 1993 -07, AND SANITARY SEWER REPAIR (5 LOCATIONS), IMPROVEMENT PROJECT NO. 1993 -16 WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Metro Utilities, Inc. has satisfactorily completed the following improvement in accordance with said contract: REPLACEMENT OF WATER MAINS ON LAWRENCE ROAD AND ALDRICH COURT, IMPROVEMENT PROJECT NO. 1993 -07, AND SANITARY SEWER REPAIR (5 LOCATIONS), IMPROVEMENT PROJECT NO. 1993 -16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Amended Per Approved As Bid Change Orders Final Amount Original Contract $54,333.00 $57,861.20 $58,725.11 2. The actual value of work performed is $863.91 more than the original contract value plus approved change order, due to a minor underestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $58,725.11. 4. The project costs for Improvement Project No. 1993 -07, Replacement of Water Mains on Lawrence Road and Aldrich Court, are amended according to the following schedule: RESOLUTION N0, As Amended Per Bid and Approved As Established Change Order Final Contract $41,253 $41,433.00 $42,296.91 Contingency 6,188 4.143.00 -0- Subtotal Construction $47,441 $45,576.00 $42,296.91 Staff Engineering (10 %) 4,744 4,558.00 4,229.69 Admin. & Legal (3%) 1.423 1.367.00 1.268.91 Total Est. Project Cost $53,608 $51,501.00 $47,795.51 Improvement Project 1993 -07 5. The project costs for Improvement Project No. 1993 -16, Sanitary Sewer Repairs (Southeast Neighborhood) are amended to the following schedule: As Amended Per Bid and Approved As Established Change Order Final Contract $30,100 $16,428.20 $16,428.20 Contingency 4.515 821.41 -0- Subtotal Construction $34,615 $17,249.61 $16,428.20 Staff Engineering (10 %) 3,462 1,724.96 1,642.82 Admin. & Legal (3%) 1.038 517.49 492.85 Total Est. Project Cost $39,115 $19,492.06 $18,563.87 Improvement Project 1993 -16 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 Council Meeting Date 1 1/ 08 /93 Agenda Item Number Is REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -24, WELL NO. 6 MAINTENANCE, AND IMPROVEMENT PROJECT NO. 1993 -26, WELL NO. 8 MAINTENANCE, CONTRACT 1993 -J, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS DEPT. APPROVAL: Sy Knapp irector of Public Works ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * ** MANAGER'S REVIEW/RECOMMENDATION: Ataa. No comments to supplement this report Comments below /attached ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The City's municipal water supply wells are maintained by Public Utility personnel, who provide the day -to -day inspections, adjustments, etc. necessary to ensure constant delivery of water to the City. As a part of the normal well maintenance schedule, the underground portion (column, shaft and pump) of each of the City's wells are "pulled" once every six years for inspection and repair or replacement by contractors who specialize in that type of work. Wells No. 6 and No. 8 were recently pulled as part of this routine maintenance cycle, and found to require repairs to and replacement of their column pipes, line shafts, couplings, wear rings and pumps. No sand removal is necessary at either well at this time. The City Engineer has developed plans and specifications for the repairs and replacements in conjunction with the recommendations of Public Utility personnel. The Engineer's estimate of project costs for these repairs to these two wells, including contingencies, administration, engineering, etc. is $22,770.00. If approved at this time, this project should be completed during the winter, and have the wells back on -line well prior to the high water demand that the City experiences in the spring. Note: Since its construction in 1977, Well No. 8 has had a history for requiring sand removal and other forms of extraordinary maintenance. The well cavity (the opening in the underground rock formation from which the water is pumped) has in the past appeared unstable, and large amounts of sand have periodically had to be removed. In 1985, a large layer of rock or ledge had slid across the well cavity, allowing loose sand to fill the cavity, , and damage the well components. The sand was successfully removed and the well repaired, however, the ledge remained, partially obstructing the well cavity. Efforts to remove the rock obstruction in 1985, 1987, and 1988 were unsuccessful. At this time, the ledge isn't in itself causing any problems, and the well cavity remains clear of loose sand. The well, when pumped at a moderate rate, adequately supplies the municipal water supply system. Accordingly, the recommendation at this time is to simply continue pumping the well at a moderate level, and provide the minimum amount of routine maintenance that we can. As mentioned previously, sand removal is not necessary at either Well No. 6 or Well No. 8. RECOMMENDED CITY COUNCIL ACTION A resolution which establishes the project, approves plans and specifications and authorizes advertisement for bids is attached for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -24, WELL NO. 6 MAINTENANCE, AND IMPROVEMENT PROJECT NO. 1993 -26, WELL NO. 8 MAINTENANCE, CONTRACT 1993 -J, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has reported to the City Council of the need for routine well maintenance; and WHEREAS, the City does not possess the parts or equipment necessary to perform the more specialized repairs; and WHEREAS, the City Engineer has developed plans and specifications for these repairs and replacements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1993 -24, Well No. 6 Maintenance, and Improvement Project No. 1993 -26, Well No. 8 Maintenance, are hereby established. 2. Said plans and specifications as prepared by the City Engineer are hereby approved. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. 4. The estimated project costs for Improvement Project No. 1993 -24, Well No. 6 Maintenance are established as follows: RESOLUTION N0. Contract $ 10,000 Contingency (15 %) 1.500 Subtotal Construction $ 11,500 Staff Engineering (8%) $ 920 Admin. & Legal (2%) $ 230 Total Est. Project Cost $ 12,650 Improvement Project 1993 -23 5. The estimated project costs for Improvement Project No. 1993 -26, Well No. 8 Maintenance are established as follows: Contract $ 8,000 Contingency (15 %) 1.200 Subtotal Construction $ 9,200 Staff Engineering (8%) $ 736 Admin. & Legal (2%) $ 184 Total Est. Project Cost $ 10,120 Improvement Project 1993 -26 6. All costs relating to this project shall be charged to the Public Utility Fund. 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 Cotmcil Meeting Date 11!8193 Agenda Item Number / �H REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED ISSUANCE OF REVENUE BONDS TO FINANCE A PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C FOR THE ACQUISITION AND REHABILITATION OF A MULTIFAMILY HOUSING DEVELOPMENT DEPT. APPROVAL: Tom Bublitz, Community Development Specialist MANAGER'S REVIEW/RECOAMENDATION: • No comments to supplement this report . Comments below /attached SUI MARY EXPLANATION: (supplemental sheets attached X Over the past year, Westminster Housing Corporation had been negotiating with the owner of The Ponds and the Minnesota Housing Finance Agency (MHFA) to purchase The Ponds. The project owner is a limited partnership, and the MHFA holds the mortgage on the property. Westminster and the MHFA were not able to come to agreement over the terms of the purchase, and Westminster is no longer pursuing the acquisition of The Ponds. Within the past few weeks another nonprofit, the Community Housing Development Corporation, has signed a purchase agreement on The Ponds. The Community Housing Development Corporation is a nonprofit corporation and is qualified as a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code. As a brief review of the property to be acquired, The Ponds is a 112 -unit townhouse project that consists of 61 two- bedroom units and 51 three - bedroom units. It is located at 5446 Ponds Drive. The development is located on 17.44 acres of land and is contained in 11 separate townhouse -type structures. The Ponds has 32 garage spaces and 190 parking spaces. The project was constructed in 1978 with permanent financing by the Minnesota Housing Finance Agency and a long -term Section 8 Housing Assistance Payments Contract from the Department of Housing and Urban Development. The Community Housing Development Corporation has indicated that one of its goals in the purchase of The Ponds is to enhance the quality of life of the residents through a strong measure of resident involvement. The particular structure of ownership the nonprofit has elected to use in this acquisition is to establish a leasehold cooperative. The leasehold cooperative ownership structure is specified in Minnesota Statutes 273.124. One of the requirements in establishing a leasehold cooperative is that a Cooperative Association comprised of the residents must be formed. According to state law, the Cooperative Association must have a lease for occupancy of the • property for a term of at least 20 years, and which involves the Cooperative Association in the management of the property, including participation in establishing budgets, setting rent levels, and hiring and supervising a management agent. In a leasehold cooperative the residents do not actually own the property, but they do, as required by state law, participate in the management of the property. As protection for the owners of the property, the Cooperative Association can be dissolved if it does not meet the terms of the lease. In addition to the Cooperative Association's involvement in the management of the property, one of the other major features of a leasehold cooperative is, for tax purposes, the property is taxed at the homestead tax rate. This would mean the conversion of The Ponds to a leasehold cooperative would result in a reduction of total tax revenues of approximately $69,673 annually. This would mean a reduction in City tax revenues of approximately $12,400 annually. One of the questions the City must consider in the leasehold cooperative approach is whether or not the tradeoff in tax revenues would be offset by an improved approach to long -term management of the complex envisioned by the Cooperative structure. The Community Housing Development Corporation is requesting the City of Brooklyn Center to issue 501(c)(3) housing revenue bonds to facilitate the acquisition of The Ponds by the nonprofit. The bonds are not general obligation bonds of the City, but are revenue bonds only and are similar to other revenue bonds in that the bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment of the bonds, which is essentially the complex itself and the revenues generated by The Ponds housing development. Included with this request form is background information on the Community Housing Development Corporation and Brighton Development Corporation. This information was submitted by the Community Housing Development Corporation. The nonprofit Community Housing Development Corporation is affiliated with Brighton Development Corporation, which is a privately owned housing development corporation that specializes in the development of housing in Minnesota. The resolution included with this council request form, if approved by the City Council, would set a public hearing on the issuance of revenue bonds to finance the acquisition of The Ponds. The public hearing would be held on December 6, 1993, at the regularly scheduled City Council meeting. The resolution also includes the program for the financing of the multifamily rental housing development and the public hearing notice to be published in the City's official newspaper. The total estimated cost of the acquisition and rehabilitation of The Ponds, as submitted by the Community Housing Development Corporation, is $6,400,000, which includes $346,000 in rehabilitation costs. The request for the issuance of revenue bonds is in the amount of $5,500,000. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of the Resolution Calling for a Public Hearing on Proposed Issuance of Revenue Bonds to Finance a Program Under Minnesota Statutes, Chapter 462C for the Acquisition and Rehabilitation of a Multifamily Housing Development. /� ff t Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED ISSUANCE OF REVENUE BONDS TO FINANCE A PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C FOR THE ACQUISITION AND REHABILITATION OF A MULTIFAMILY HOUSING DEVELOPMENT BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota (the "Issuer "), as follows: Section 1. Findings and Authorization 1.1. Minnesota Statutes, Chapter 462C, as amended (the "Act ") , authorizes an issuer to issue revenue bonds to finance housing programs which may consist of the acquisition construction, rehabilitation, improvement or betterment of multifamily housing developments. 1.2. Represetatives of Community Housing Development Corporation, a Minnesota nonprofit corporation (the "Borrower "), have requested the Issuer to adopt a housing program pursuant to which the Issuer will issue its revenue bonds or notes in order to finane a project consisting of acquisition and rehabilitation of an existing multifamily housing development consisting of 112 townhouse units (the "Project ") located at 5446 Ponds Drive in the City of Brooklyn Center. 1.3. The proposed housing program is attached as Appendix A hereto. Section 2. Public Hearing 2.1. The Issuer will conduct a public hearing on the proposal to undertake and finance the Project on December 6„ 1993, at 7:00 p.m., pursuant to the requirements of Section 462C.04, Subd. 2 of the Act and Section 147(f) of the Internal Reveue Code of 1986, as amended. The Community Development Director of the Issuer is authorized and directed to cause the public notice, substantially in the form attached hereto as Appendix B, to be published in the official newspaper of the Issuer not later than November 17, 1993, and to submit a copy of the housing program to the Metropolitan Council not later than the date of publication of the public notice. Section 3. Official Intent 3.1. This Resolution constitutes a declaration of official intent under Treasury Regulations Section 1.150 -2. The Borrower and the Issuer reasonably expect to reimburse expenditures incurred with respect to the Project from the proceeds of the bonds or notes if and when issued, in the maximum Resolution No. principal amount of $5,500,000. 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. i 0 APPENDIX A PROGRAM FOR THE FINANCING OF MULTIFAMILY RENTAL HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act "), the City of Brooklyn Center (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City has determined that it is in the best interests of the residents of the City to create a program of financing to encourage and facilitate the development of multifamily rental housing developments for families in the City (the "Program "). The City has received a proposal from representatives of Community Housing Development Corporation (the "Developer "), that, pursuant to the authority found in the Act, the City approves a program providing for the acquisition of the Ponds Family Housing Project, a multifamily housing development located at 5446 Ponds Drive in the City (the "Project "). The acquisition of the Project is to be funded through the issuance of up to $5,500,000 in revenue bonds issued by the City (the "Bonds "). Twenty percent (20 %) of the units financed will be specifically reserved for tenants whose incomes are not greater than eighty percent (80 %) of the area median income. The City, in establishing this multifamily housing program (the "Program "), has considered the information contained in the City's 462C Housing Plan (the "Housing Plan"), including particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private marketing financing for the construction of multifamily housing units; (iii) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, in adopting the Program, has further considered (i) the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the costs of the City, including future administrative expenses; (v) the restrictions on the multifamily development to be financed under the Program; and (vi) certain other limitations. The City, in adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii) households with income at the lower end of the range that can be served by the Program; (iii) households displaced by public or private actions; (iv) elderly persons; and (v) accessibility A -1 to the handicapped. The Project will be constructed and financed pursuant to Subdivision I of Section 462C.05 of the Act. Subsection A. Definitions The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. (2) "Adjusted Gross Income" shall mean gross family income less than $750 for each adult and less $500 for each other dependent in the family. (3) 'Bonds" shall mean the revenue bonds to be issued by the City to finance the Program. (4) "City" shall mean the City of Brooklyn Center, State of Minnesota. (5) "Developer" shall mean Community Housing Development Corporation, a Minnesota nonprofit corporation. (6) "Housing Plan" shall mean the City of Brooklyn Center 462C Housing Plan, as amended, setting forth certain information required by the Act. (7) "Housing Unit" shall mean any one of the 112 townhouse units located in the Project, occupied by one person or family, and containing complete living facilities. (8) "Land" shall mean the real property upon which each Project is situated. (9) "Program" shall mean the program for the financing of the Projects pursuant to the Act. (10) "Project" shall mean the Bonds Family Housing Project. Subsection B. Program for Financing the Project It is proposed that the City establish this Program to provide financing for acquisition of the Project to be owned by the Developer, or a related entity, at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds and the respective Developer. To do this, the City expects to issue Bonds the proceeds of which will be loaned to the Developer for financing the acquisition and renovation of the Project. It is expected that a trustee will be appointed by the City to monitor the renovation of the Project and payments of principal and interest on the Bonds. The cost of any additional security devices for the Bonds will be borne by the Developer and payable in addition to the principal and interest A -2 on the Bonds except as otherwise provided by resolution of the City. It is contemplated that the Bonds shall have a maturity of y ( 30 ) y ears and will be priced to the market at the time of issuance. The Ci ty g will hire no additional staff for the administration of the Program. The City intends to select and contract with a financial institution or trustee, experienced in trust matters to administer the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program except as otherwise provided by resolution of the City. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions to the Program It is presently contemplated that the City will not use other financial initiatives in conjunction with the Project. Subsection D. Standards and Requirements Relating to the Financing of the Projects Pursuant to the Program The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program: 1 Bonds will be used to O Substantially all of the proceeds of the sale of the provide p funds for the acquisition and rehabilitation of the Project. The funds will be made available to the Developer pursuant to the terms of the of the Bond offering, which may include certain covenants to be entered into between the City and the Developer. (2) The Developer or subsequent owner of the Project will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et. seq. Subsection E. Evidence of Compliance The City may require from the Developer or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the - financing established by the City, as set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Developer in order to , A -3 �I confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Developer or such other person deemed necessary concerning compliance with various aspects of the Program. Subsection F. Issuance of Bonds To finance the Program authorized by this Section, the City may by resolution authorize, issue and sell its Revenue Bonds on one or more series, and using and additional credit enhancement devices determined by the City to be necessary or desirable for each such series, in an aggregate principal amount estimated to be up to $5,500,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The City anticipates the issuance of such amount prior to the end of 1993, but may defer the issuance to 1994. Subsection G. Severability The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection H. Amendment The City shall not amend this Program while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. A -4 APPENDIX B NOTICE OF PUBLIC HEARING ON PROPOSED ISSUANCE OF REVENUE BONDS TO FINANCE A PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C FOR THE ACQUISITION AND REHABILITATION OF A" MULTIFAMILY HOUSING DEVELOPMENT CITY OF BROOKLYN CENTER NOTICE IS HEREBY GIVEN that the Brooklyn Center City Council (the "Council ") will hold a public hearing on Monday, December 6, 1993, at 7 :00 p.m. at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, to consider a program for the issuance of revenue bonds under Minnesota Statutes, Chapter 462C, as amended, to finance a multifamily housing development (the "Program "). At the public hearing the Council will consider adoption of a resolution giving preliminary approval to the issuance of revenue bonds under the Program for the acquisition and rehabilitation of the Ponds Family Housing Project. The aggregate face amount of revenue bonds proposed to be issued to finance the Project is presently estimated not to exceed $5,500,000. The Project consists of a 112 -unit multifamily rental facility located at 5446 Ponds Drive in the City of Brooklyn Center (the "Project "), and will be owned and operated by Community Housing Development Corporation, a Minnesota nonprofit corporation. The Project includes 61 two- bedroom and 51 three- bedroom units. The revenue bonds will be issued by the City of Brooklyn Center. The revenue bonds will be limited obligations of the issuer payable solely from the revenues pledged to the payment thereof, and will not be a general obligation of, or be secured by the taxing power of the City of Brooklyn Center. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated: November 8, 1993 By: Brad Hoffman Its: Community Development Director B -1 Community Housing Development Cor (612) 332 -6264 408 Butler North 510 First Avenue North Minneapolis, Minnesota 55403 COMMUNITY HOUSING DEVELOPMENT CORPORATION OVERVIEW Community Housing Development Corporation (CHDC) is a non - profit corporation and is qualified as a tax - exempt organization pursuant to Section 501(c) (3) of the Internal Revenue Code. Community Housing Development Corporation is an official Community Housing Development Organization ( CHODO) as authorized by the Cranston - Gonzales National Affordable Housing Act of 1990 It complies with the federal requirements, and is eligible for Home Fund CHODO set asides. This means that CHDC involves low and moderate income tenants in its management and corporate decisions in a substantial manner. CHDC plans, develops, owns and operates housing for low and moderate income persons. Since the 1960's it has been the public policy of the federal, state and local levels of government to encourage the development of housing by non - profit housing development corporations. The primary way they have encouraged this participation is by providing financial assistance to be used to reduce the debt and operating costs of housing developments. These lower annual operating costs, combined with government regulation and restriction of cash flow, allow the savings to be passed on to low and moderate income tenants in the form of affordable rents. At the federal level these programs are administered by the Department of Housing and Urban Development. In Minnesota the programs are overseen by the Minnesota Housing Finance Agency. Often local units of government, such as a Housing and Redevelopment Authority, combine their resources with the federal and state programs to provide assistance to a project. The plan of the Board of Directors of CHDC is to initiate and carry out low and moderate income housing projects using these resources. Set forth below is information on CHDC: A. PROGRAMS 1. The HOME Program The 1990 Cranston - Gonzales National Housing Act was passed by the United Stated Congress in the fall of 1990. Title Ii of this Act that the Department of Housing and Urban Develop - ment is beginning to implement is the HOME Program. The Equal Housing Opportunity -2- Federal government, under Title II, will provide housing block grants to states and local governments to provide housing with affordable rents primarily to households whose incomes are 600 or less of the median income for the area in which they reside. Under this Federal law, a substantial portion of these funds are set aside exclusively for non - profit corporations. CHDC has been structured to comply with the eligibility require- ments for a non - profit corporation as set forth in proposed regu- lations published by the Department of Housing and Urban Develop- ment. When the funds are made available by the Department of Housing and Urban Development to the Minnesota Housing Finance Agency and local units of government, CHDC will apply for these develop- ment funds. 2. Low Income Housing Tax Credits The Tax Reform Act of 1986 created a new program to provide financing for low and moderate income housing developments. This program is called Low Income Housing Tax Credits. Under this program, an individual or corporation who invests in a low and moderate income housing development receives a direct income tax credit in accordance with Internal Revenue Service regulations. CHDC will join with community based non - profit development cor- porations in a limited partnership to use these credits in the devleopment of affordable housing. 3. Neighborhood Revitalization Program The City of Minneapolis adopted the Neighborhood Revitalization Program ( "NRP ") in 1989 and is in the process of implementing the program at this time. The NRP Program has extremely ambi- tious goals. The City of Minneapolis has concluded that it is going to totally rehabilitate the entire city over a twenty year period beginning this year. It has pledged close to a billion dollars in public and private financing for the effort. The way the program will work is that neighborhoods within the City will be asked to prepare a plan to completely change and upgrade their area. All the various City agencies and depart- ments will then be required to reprogram their financing and operatings to comply with this plan. This will include police, fire, public schools, parks, housing, health services, employment, etc. City of Minneapolis officials believe there is a strong need for non- profit housing corporations to assist neighborhoods in these local housing programs. They have asked CHDC to begin work with these neighborhoods to implement these efforts. -3- 4. Acquisition and Preservation of Low Income Housing There are a large number of existing low income housing develop - ments in Minnesota that were constructed in the 1970's and early 1980's with subsidy from HUD under the Section 8 Rental Assis- tance Program and with below market financing provided by the Minnesota Housing Finance Agency. The continued existance of these developments as low income pro - jects has become threatened because the existing owners in many cases want to sell the properties and /or discontinue the low in- come subsidy. In most cases this need for change is a consequence of the Federal Tax Reform Act of 1986 that changed the economic incentives for continued ownership. The Congress recognized the seriousness of this problem by including Title VI in the 1990 Cranston - Gonzales National Housing Act which provides for a system to attempt to protect these low and moderate income projects and provide for their continued viability. Most of the solutions revolve around the purchase, re- financing and rehabilitation of the property by a non - profit housing corporation. CHDC Board Members have been asked to purchase and rehabi- litate several of these properties. B. BOARD OF DIRECTORS CHDC is governed by a Board of Directors. Each of the six directors serves a three year term and are appointed by the existing board directors. The directors are: Albert J. Hofstede President North State Advisers 43 Main Street S.E. Suite EHSO0 Minneapolis, Minnesota 55414 Mr. Hofstede is a Minneapolis business person who has a 30 year his- tory of work in the fields of neighborhood revitalization and low and moderate income housing. He was involved as a college student in the creation of the St. Anthony East and St. Anthony West Rehabili- tation Projects in Minneapolis. This pioneer work led to the implemen- tation of large scale neighborhood rehabilitation projects throughout the City. Mr. Hofstede was also Chair of the Metropolitan Council of the Twin Cities. In this position he was instrumental in efforts that led the -4- disbursement of low and moderate income housing to the suburbs of Minneapolis and St. Paul. He also obtained legislative approval for the creation of the Metropolitan Council Housing and Redevelopment Authority. This was one of the first regional Housing and Redevelop- ment Authorities in the nation. Mr. Hofstede was elected to two terms as Mayor of Minneapolis in the 1970's. His reformist program called for dramatic increases in afford- able rental housing, middle income and family ownership, and housing rehabilitation. Mr. Hofstede obtained state legislation for the creation of the first municipal housing finance agency in Minnesota. Mr. Hofstede also has served as Chair of Catholic Charities of the Twin Cities, and Chair of the Minneapolis Public Housing Authority. At the present time Mr. Hofstede serves as Chair of the Catholic Eldercare Board of Directors. This is a non - profit organization that operates a nursing home, and provides outreach health care services for seniors. Kent Robbins Minneapolis City Council Staff 350 South Fifth Street Room 307 Minneapolis, Minnesota 55415 Mr. Robbins serves as administrative staff to the Minneapolis City Council. He authored the 1987 Housing and Tax Redorm Advisory Committee's report to the Minneapolis City Council regarding the im- pact of the 1986 Tax Reform Act on Minneapolis housing. In 1989 Mr. Robbins chaired a special task force which made recommendations concerning national housing and tax policy. Mr. Robbins has served on numerous committees and task forces charged with development and implementation of the Minneapolis Neighborhood Revitalization Program. Mr. Robbins has also been Director of Housing Development for the Whittier Alliance, a non - profit neighborhood association and develop- ment corporation. He has served for 15 years as a member of the Hennepin County Capital Budgeting Task Force. He has provided consultant and financial services to the Community Development Corporation for the Archdiocese of Minneapolis and St. Paul and Seward West Redesign, Inc., a neighborhood non - profit development corporation. Mr. Robbins has also served as Vice President of the Episcopal Corporation for the Elderly and Chairperson of Common Space Mutual Housing Association. Currently, Mr. Robbins serves on the Becketwood Housing Cooperative Board of Directors, is a member of the Seward Project Review Commit- tee, and serves on the Seward Towers Corporation Board. He repre- sents the City Council on the Metropolitan Council's Regional Housing Task Force, Minneapolis Common Project Policy Committee, the Down- town Marketing Committee and the Neighborhood Revitalization Imple- mentation Committee. -5- Carolyn Olson President Greater Minneapolis Metropolitan Housing Corporation 500 Nicollet Centre 514 Nicollet Mall Minneapolis, Minnesota 55402 Ms. Olson's professional experience began with the Minneapolis Chamber of Commerce where she held various duties including arranging trade missions to the Soviet Union, Norway and the People's Republic of China. She also was a member of the Minneapolis Business Community team that was instrumental in the construction of the Hubert H. Humphrey Metrodome. Ms. Olson was a staff person and corporate officer of Industry Square Development Corporation; a corporation created by the Minneapolis Business Community to redevelop a large area adjacent to downtown Minneapolis. Since 1981 Ms. Olson has been employed at Greater Minneapolis Metro- politan Housing Corporation (GMMHC) and was named its President effective January 1, 1992. GMMHC is a non - profit corporation created by a number of large Minneapolis corporations in 1970 to assist com- munity based efforts to house low and moderate income persons. Since that time GMMHC has assisted one - hundred nine non - profit organiza- tions that have developed over 10,100 low and moderate income dwelling units with a value of approximately $433,000,000. At various times Ms. Olson has served on the Board of Directors of 33 non - profit corporations in the Minneapolis area. Richard Brustad Vice President Brighton Development Corporation 510 First Avenue North, Suite 408 Minneapolis, Minnesota 55403 Mr. Brustad is a Vice President of Brighton Development Corporation. He is a graduate of the University of Minnesota in Economics and Local Government. Mr. Brustad was formerly employed by the Chicago Regional Office of the Department of Housing and Urban Development. He has served as the Assistant Executive Director of the Greater Minneapolis Housing Corporation which is a non - profit corporation established by the Minneapolis Business Community for low and moderate income housing. -6- Mr. Brustad was the Executive Director of the Minneapolis Housing and Redevelopment Authority. In that capacity he was responsible for the management of approximately 8,000 public housing units, the City's neighborhood revitalization and urban renewal programs, and the City's economic development program. Mr. Brustad is currently Chair of the Minneapolis Public Housing Authority. Diana Nelson Board Member/ Treasurer Prairie Meadows Cooperative Association 11345 Westwind Drive Eden Prairie, Minnesota 55344 Ms. Nelson was a charter member of the Prairie Meadows Interim Board, and has been elected twice to the Prairie Meadows Cooperative Association Board. Ms. Nelson is Chair of the Neighborhood Outreach, Windslope. This is an association of Prairie Meadows residents that has developed empowerment programs through education and crime prevention. Ms. Nelson is a parent of two young children and a student. Additional low income board members will be selected for future Leased Cooperatives created by CHDC. - 7 - C. WORKLOAD CHDC has the following housing developments in its workload: 1. Prairie Meadows This is a 168 unit family Section 8 project located in Eden Prairie. The development is a leased cooperative. 2. E Flats Housing This is a 20 unit Low Income Tax Credit development for families in the Whittier Area of Minneapolis. CHDC is a partner on this project with the Whittier Alliance. It is a leased cooper- ative. 3. LaSalle Commons This is a 64 unit low income SRO project located in downtown Minneapolis. Brighton evelopment orporat ion (612 332 -5 408 Butler North 510 First Avenue North Minneapolis, Minnesota 55403 Brighton Development Corporation is a privately owned housing development corporation that specializes in the development of housing in Minnesota. Brighton was incorporated as a Minnesota Corporation on June 12, 1981. Brighton Development Corporation is a member of the National Trust For Historic Preservation Brighton maintains an office in downtown Minneapolis at 510 First Avenue North, Suite 408, Minneapolis, Minnesota 55403, (612) 332 -5664, Fax (612) 332 -2365. Its office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday. A. BRIGHTON'S PROGRAMS Brighton Development Corporation plans, develops, owns and operates housing for persons of all income levels. This activity includes both sales and rental units. There are several distinct types of housing developed by Brighton: Sales Housing Sales housing is a special area of expertise that requires a high level of skill and experience. The developer is required to accurately deter- mine the general demand for the proposed housing as well as plan and develop a specific housing product that potential buyers find attractive. Sales housing is also a relatively high risk venture because of the nature of construction loan financing during the planning, construction and marketing of the units. Brighton has developed single family, townhouse and condominium units. The units we prefer to develop are townhouses as there is a steady, predictable demand, especially around downtown Minneapolis. We will emphasize the development of units in the $90,000 to $130,000 price range. Senior Housing Over the last ten years senior housing for retired households that have moderate incomes has evolved to meet the need of a growing segment of our population. There has been a dramatic increase in this need for affordable senior citizen housing for several reasons: 1. Seniors are living longer. Demographic numbers and increased quality of health care have resulted in a dramatic increase in numbers that will continue to grow into the next century. 2. Most seniors today have some assets and income other than social security. This and future generations of households reaching age 65 were able to work hard and receive some level of pension benefits in addition to basic social security. This permits to afford the cost of affordable senior housing that does not require a deep government housing subsidy. 3. The new generation of seniors seems to be more willing to sell their homes and adapt to a multi -unit building as a lifestyle. Brighton has experience in developing senior housing that is affordable, and is managed to provide the lifestyle that seniors demand. Of special importance are arrangements to provide a range of social, health and recreation services to senior building residents. Rental Housing The market for new or substantially rehabilitated rental housing remains strong in the Twin Cities. To be competitive, the units must include amenities such as enclosed parking, modern kitchens with ample cabinet space, larger quality bathrooms, extra closet and storage space, clothes washers and dryers in the units, strong security and superior architec- tural design. Brighton has converted several warehouse buildings to high quality rental at locations near Riverplace in downtown Minneapolis. It has also constructed new buildings that have a neighborhood scale that are successful in the market. These buildings range in size from 25 to 85 dwelling units. We believe that there is a continuing strong demand for this type of unit as renter households are turning away from obsolete rental buildings that do not have the amenities described above. Low and Moderate Income Housing Since its inception, Brighton has had a strong commitment to the housing of low and moderate income persons. This commitment has resulted in the development of several types of housing: 1. Low Income Family Housing. The development and operation of this type of housing requires a substantial governmental subsidy to reduce the rents to affordable levels. Brighton has worked with the following low income funding programs: -- Project Based Section 8 -- Section 8 Certificates -- Low Income Housing Tax Credits -- Federal Home Funds -- Federal Community_. Development Block Grant Funds -- Housing Development Funds from the Cities of Minneapolis and St. Paul Funds from the Minneapolis, St. Paul Family Housing Fund A variety of Funds from the Minnesota Housing Finance Agency Our approach is to build extremely durable units that have a high level of architectural design quality. Most of these developments have been developed with a neighborhood group as our partner, and many are leased cooperatives. 2. Low Income Housing for Single Persons. Brighton has developed a number of units under various programs in the City of Minnea- polis to provide basic, affordable housing to single individuals that have very low incomes. Rents generally are in the $200 to $300 per month range. 3. Moderate Income General Occupancy. Brighton has developed a large amount of housing for moderate income households. The residents can be single persons or two person households who have no children or very small children. Low Income Housing Preservation There are a large number of existing low income housing developments in Minnesota that were constructed in the 1970's and early 1980's with subsidy from HUD under the Section 8 Rental Assistance Program and with below market financing provided by the Minnesota Housing Finance Agency. The continued existance of these developments as low income projects has become threatened because the existing owners in many cases want to sell the properties and /or discontinue the low income subsidy. In most cases this need for change is a consequence of the Federal Tax Reform Act of 1986 that changed the economic incentives for continued ownership. The Congress recognized the seriousness of this problem by including Title VI in the 1990 Cranston - Gonzales National Housing Act which provides for a system to attempt to protect these low and moderate income projects and provide for their continued viability. Most of the solutions revolve around the purchase, refinancing and rehabilitation of the property by a non - profit housing corporation. Brighton has participated in the purchase and rehabilitation of several Section 8 properties to preserve their low income status. We have either participated as a general partner in a limited partnership, or worked with a non - profit corporation in these developments. Several of the non - profit projects were financed through the sale of Section 501(c)3 Housing Revenue Bonds. B. COMPLETED HOUSING DEVELOPMENTS Brighton Development Corporation has constructed or rehabilitated a total of 2,964 dwelling units with a value of $136,422,000. Market Rate Ownership -- Whittier Townhomes -- Village Townhomes 25th 8 Blaisdell Avenue So. 33rd and Old Highway 8 Minneapolis, Minnesota St. Anthony, Minnesota 7 Units 29 Units New Construction Townhouses New Construction Townhouses -- Dartmouth Place Townhomes -- The Greenway Townhomes 909 -919 Dartmouth Avenue 500 -520 Third Avenue N.E. 902 -916 Dartmouth Place 248, 250 Sixth Street N.E. 918 -940 Dartmouth Place Minneapolis, Minnesota Minneapolis, Minnesota 13 Units 28 Units New Construction Townhouses New Construction Townhouses -- St. Anthony Square -- Sheridan Place Townhomes 234 -240 Sixth Street N.E. 5000 -5008 Sheridan Ave. So. 600 -638 Third Avenue N.E. Minneapolis, Minnesota Minneapolis, Minnesota 5 Units 28 Units New Construction Townhouses New Construction Townhouses -- Harriet Square Townhomes -- Van Cleve Court 3723 -3748 Garfield Ave. So. 601 -620 Fifth Street S.E. 3726 -3750 Harriet Ave. So. Minneapolis, Minnesota Minneapolis, Minnesota 9 Units 27 Units Historic Rehabilitation New Construction Townhouses -- Ouisconsin Court -- Standish Green Condominiums 416 -422 Sixth Street S.E. 2210 East 40th Street 423 -425 Fifth Street S.E. Minneapolis, Minnesota Minneapolis, Minnesota 45 Units 6 Units New Construction for Seniors Historic Rehabilitation -- Lourdes Square Riverplace, Central Avenue and Main Street Minneapolis, Minnesota 40 "Units New Construction Townhouses for High Income Owners Moderate Income Ownership -- Minneapolis R.I.F. -- Rollins Court Scattered Sites near East 700 -708 14th Avenue S.E. 40th Street 1409 -1419 Seventh Street S.E. Minneapolis, Minnesota Minneapolis, Minnesota 3 Units 10 Units Single Family Home New Construction Townhouses Rehabilitation -- Augsburg Park Rowhomes -- West Bank Homes VII 2002 -2020 Sixth Street South 702 -708 19th Avenue South 511 -521 20th Avenue South 2601 -2609 Eighth Street So. Minneapolis, Minnesota Minneapolis, Minnesota 17 Units 9 Units New Construction Townhouses New Construction Townhouses -- West Bank Homes V i l l (Greystone Flats) 1816 Fifth Street Minneapolis, Minnesota 17 Units Historic Rehabilitation for Low Income Buyers Market Rate Rental -- Karinsplass -- St. Anthony Gates 2015 Riverside Avenue 215 N.E. Seventh Street Minneapolis, Minnesota Minneapolis, Minnesota 38 Units 32 Units New Construction for Seniors Warehouse Rehabilitation and Adults -- Grant Street Commons -- St. Anthony Commons 515 East Grant 720 Third Avenue N.E. Minneapolis, Minnesota Minneapolis, Minnesota 85 Units 42 Units New Construction for Seniors New Construction Elevator and Adults Building -- Phalen Shores -- St. Anthony Place 985 East Ivy 215 N.E. Fifth Street St. Paul, Minnesota Minneapolis, Minnesota 53 Units 21 Units New Construction for Seniors Warehouse Rehabilitation Moderate Income Rental -- West Bank Homes I, Il, III, -- LaSalle Commons VI and VIII 1517 LaSalle Avenue enue South Scattered Sites in the Cedar Minneapolis, Minnesota Riverside Urban Renewal Project 64 Units Area Rehabilitation for Low Income Minneapolis, Minnesota Individuals 249 Units Rehabilitation and New -- Riverside Plaza Construction Fifth Street and Cedar Avenue Minneapolis, Minnesota -- Elliot Park 1,303 Units 1516 Elliot Avenue South This project contains 669 low 1601 Elliot Avenue South and moderate income units and 727 East 14th Street 634 market rate units. Brighton 709 East 14th Street is a joint venture partner. Minneapolis, Minnesota 30 Units -- Elliot Park West Rehabilitation and New 500 South Tenth Street Construction 910 Portland Avenue South 1401 Portland Avenue South -- 18th and Clinton Minneapolis, Minnesota 1800 Clinton Avenue South 213 Units Minneapolis, Minnesota Rehabilitation of Historic Structure 8 Units New Construction Townhouses -- Bradley Terrace - Bradley and Whitehall Avenue - College Drive Townhomes St. Paul, Minnesota Brian Lane 30 Units Brainerd, Minnesota New Construction for Families 24 Units New Construction Townhouses -- Slater Square Apartments 1401 -1425 Portland Avenue So. -- Buri Manor Minneapolis, Minnesota 1515 Chicago Avenue South 163 Units Minneapolis, Minnesota Rehabilitation for Moderate 37 Units Income Individuals New Construction for Low Income Individuals -- Elliot Court 1132 South Eighth Street Minneapolis, Minnesota 58 Units New Construction for Low Income Individuals C. BRIGHTON DEVELOPMENT CORPORATION PARTNERS Brighton Development Corporation is owned equally by Linda Donaldson, Margaret Lucas and Richard Brustad. Linda Donaldson Ms. Donaldson, a graduate of the University of Minnesota in Finance, is President of Brighton Development Corporation. She has worked at Norwest Bank Minneapolis and was a partner with Lee Maxfield in a housing analysis and market research firm. Ms. Donaldson's special areas of expertise in housing are financial analysis, tax laws and regulations, partnership syndications, low income credits, Federal and State housing subsidy programs, and tax - exempt bond financing. Ms. Donaldson also is an expert in the area of low and moderate income housing property management and operations budgeting. Ms. Donaldson is Chair of the Chart /Wedco Corporation, now called WomenVenture. This organization is a national leader in developing and implementing self- sufficiency and business skill programs for women. Margaret Lucas Ms. Lucas holds a Masters in Social Work from the University of Minnesota. She served in the Peace Corps in Iran, and provided social services on the Navaho Indian Reservation. Ms. Lucas developed several housing developments before joining Brighton in 1981. Ms. Lucas' areas of expertise in housing are construction budgeting, building and unit layout and design, marketing phasing and implementa- tion, property management and operations finances. She is the lead partner on ownership housing at Brighton. Ms. Lucas serves on the National League of Women Voters' Board, and is a member of the International Women's Forum. Richard Brustad Mr. Brustad is a graduate of the University of Minnesota in Economics and Political Science. He began work in the Chicago Regional Office of the Department of Housing and Urban Development. He also served as Housing Director for the Metropolitan Council of the Twin Cities, and as Deputy Executive Director of Greater Minneapolis Metropolitan Housing Corporation. Mr. Brustad was the Executive Director of the Minneapolis Housing and Redevelopment Authority during the 1970's. Mr. Brustad is the lead partner at Brighton in the areas of construction financing, permanent financing, government relations, community rela- tions, project initiation and property management. ' Mr. Brustad was Chair of the Committee that recommended the creation of the Neighborhood Revitalization Program in Minneapolis, and is currently Chair of the Minneapolis Public Housing Authority. D. REFERENCES -- Mr. William Gabler Senior Vice President Norwest Investment Services, Inc. 14th Floor - Norwest Center Sixth and Marquette Minneapolis, Minnesota 55479 (612) 667 -0166 -- Mr. David Cleveland President Riverside Bank 800 LaSalle Avenue Minneapolis, Minnesota 55402 (612) 338 -8600 -- Mayor Donald Fraser City of Minneapolis 350 South Fifth Street Suite 127 Minneapolis, Minnesota 55415 (612) 673 -2100 -- Mr. James Solem Commissioner Minnesota Housing Finance Agency 400 Sibley Street Suite 300 St. Paul, Minnesota 55101 (612) 296 -7608 -- Ms. Nancy Homans Trinity Lutheran Congregation 2001 Riverside Avenue Minneapolis, Minnesota 55454 (612) 333 -2561 (612) 721 -4905 (home) RRTGHr0N DFVFLnPMFN( COHOW 1100 PROJFCT STATUS REPORT AHRUST 7.1997 ----------------------------------------------------------------------- ----------------------------------------------------------------------- PRO,IFCT PROGRAM TOTAL COST STATUS ----------------------------------------------------------------------- *COMPLETED PROJECTS WEST BANK HOMES I 65 RENTAL. UNITS $4.939.000 COMPLETE WEST BANK HOMES II 18 RENTAL UNITS $1,088.000 COMPLETE WEST BANK HOMES III 19 RENTAL UNITS $1.164,000 COMPLETE WEST BANK HOMES IV 13 SALES UNITS $868.000 COMPLETE ELLIOT PARK PROJECT 30 RENTAL UNITS $1.766.000 COMPLETE WHITTIER TOWNHOMES 7 SALES UNITS $481.000 COMPLETE 18TH AND CLINTON 8 RENTAL UNITS $400.000 COMPLETE COLLEGE DRIVE TOWNHOUSES 24 RENTAL UNITS $1.248,000 COMPLETE ST.ANTHONY PLACE 21 RENTAL UNITS $1.196,000 COMPLETE ST. ANTHONY GATES 32 RENTAL UNITS $1.700,000 COMPLETE GRANT STREET COMMONS 85 RENTAL UNITS $5,200,000 COMPLETE DARTMOUTH PLACE 28 SALES UNITS $3,507.000 COMPLETE SHFRIDAN PLACE 5 SALES UNITS $663,000 COMPLETE HARRIET SQUARE 27 SALES UNITS $2.345,000 COMPLETE MINNEAPOLIS R.I.F. 3 SALES UNITS $240.000 COMPLETE STANDISH GREEN 45 SALES UNITS $3.050.000 COMPLETE WEST BANK HOMES VI 92 RENTAL UNITS $6,136,000 COMPLETE PHALEN SHORES 53 RENTAL UNITS $2,300.000 COMPLETE BURI MANOR SRO PROJECT 37 RENTAL UNITS $1.126,000 COMPLETE VILLAGE TOWNHOMES 29 SALES UNITS $2,675.000 COMPLETE SLATER SQUARE 163 RENTAL UNITS $6.075,000 COMPLETE ELIIOT COURT SRO PROJECT 58 RENTAL UNITS $2.091,000 COMPLETE THE GREENWAY 13 SALES UNITS $1.249,000 COMPLETE LASALLE COMMONS 64 RENTAL UNITS $2,509,000 COMPLETE VAN CLEVE COURT 9 SALES UNITS $1.261,000 COMPLETE 5T, ANTHONY 1 (.lMMRK 42 RENTAL UNITS $2,736.000 COMPLETE RIVERSIDE PLAZA* 1.303 RENTAL UNITS $38,100,000 COMPLETE WISCONSIN COURT 6 SALES UNITS $922.000 COMPLETE WEST BANK HOMES VII 9 SALES KNITS $592,000 COMPLETE WEST BANK HOMES VIII 55 RENTAL UNITS $3.287,000 COMPLETE ROLLINS COURT 1.0 SALES UNITS $1.183.000 COMPLETE TRINITY NHP 120 RENTAL UNITS $6,593,000 COMPLETE ELLIOT PARK WEST 218 RENTAL UNITS $1.2,710.000 COMPLETE BRADLEY TERRACE 30 RENTAL UNITS $2,550,000 COMPLETE WINDSLOPE NHP 168 RENTAL UNITS $8.063.000 COMPLETE TRINITY AUGSBURG RENTAL 38 RENTAL UNITS $2,929,000 COMPLETE TRINITY ROWHOMES t7 SALES UNITS $1,480,000 COMPLETE_ SUBTOTAL 2.964 UNTTS $136,422.000 *PROJECTS UNDER CONSTRUCTION LOURDES SQUARE TOWNHOMES 40 SALES UNITS $8,735,000 STRT 7/93 FXODUS- REDEMMER RENTAL 12 RENTAL UNITS $1.352,70] STRT 12/93 E FLATS RENTAL 20 RENTAL UNITS $2.567,000 STRT 12/92 ST. ANTHONY SQUARE 28 SALES UNITS $2,541.000 STRT 5/92 SUBTOTAL 100 UNITS $15,195,701 ------------------------------------------------------------------------ TOTAL 3,064 HNTTS $151.617,701 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- r t i �e F ia DARTMOUTH PLACE ------------------------------------------- s d ' yes WPM SHERIDAN PLACE r, 11 I I •• i t � I I it II u a II II 4 II II �--- f IBM II W II II W I I z ii W m ii ii H U) W --------------------------------------------------------------------------------- a BURI MANOR -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- a R ELLIOT COURT ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ "M "N' .. .... . ..... hi, I T ri ST. ANTHONY GATES ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ ............................. �\ �C i� y H tic WEST BANK HOMES VI -------------------------------------------- ----------- - - - - -- T t � .... S � S a s��vy���� L,'�i x� � •• � is r' �� IN W w Wx ss ti yy ir x+ i } -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- F : THE GREENWAY AP tl!'O y s, OP r 9 bq j�XF�7 lyAU r \ \van M. >t. VAN CLEVE COURT I n h 3l""Il i ll, IrftfF II !' II II � II rr3`"�TtF`rt`Fr zr a tfittaF #tr {aa,tj{ }�( { #�{ �: II q�ti' 3 �tLd {' rr` P }d tFj { ysa r t {{ } { €ef €';. II �t rarz rldr as 1 ja e tsE +f€ II it �+�� u F F 3F �r j a II `€ If 'l�jt� t ` �t S73 f� t�,. II I k� r I `� � I I ac zH tl`rrFl FF td II #� II r�FrF1J��j�� #t 'dt£ #��tj jittaF {tf'�r I( J II �3� � M . .� ✓ Wil if � � �£tllr F ; r a` Tarr a(t1a a ' ryrays I I Wf I I � I( qtr t ` #1 } g i�t t ar ia €er i s f f� I I I I I t I I € ad ttd f r� z t II g f z 3 { 33 f 2i F[I3FiF� -£ II � II LA ta II �t s II , r7ld { { {t2t iio { { { o f t {£ .ttt }l 5 II I I Irk I I Pa: d E a fsl {z t E e , II 'n 1p II If u L2 I I ° Mann * law 11 "iinn LU 11 W I I I y II 'ZINMEN "NNW "twee ,m V II LU II _ II II N II II II LLJ II Z II II —I it ¢ II Q I II = II CL II V) II ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- t �` _w r GRANT STREET COMMONS ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- sh '� z •�� try, ' � :: � G . � ✓yk✓ ,• STANDISH GREEN ------------------------------------------------------------------------------ CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number I REQUEST FOR COUNCIL CONSIDERATION ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AMENDING THE SCHEDULE FOR FALSE ALARM FEES DEPT. APPROVAL: -4211- 1-4 a l� Charles Hansen, Finance Director ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RE MMEXDA , O' SOVI i p No comments to supplement this report Comments below /attached ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Two years ago, the City Council created the Financial Task Force and assigned to them what was known as the Prioritization Process. This produced a series of recommendations for increasing revenues or reducing costs. One of these recommendations was that fees for both false burglar and fire alarms be increased. The City Manager recommended and the City Council directed that this be implemented for the 1993 Budget. The administrative staff was under the impression that the change had been made. The change will now be made effective January 1, 1994. At the time of the Prioritization Process, there was talk of this change doubling revenues from false alarms. The estimated revenue in the 1993 budget wasn't increased and we don't recommend increasing the estimated revenue for the 1994 budget. We expect the outcome of the fee change to be that customers will fix mechanical problems and improve employee training so as to have fewer false alarms. So the benefit to the City from this change is expected to be the reduction in false alarms, not increased revenue. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR FALSE ALARM FEES ----------------------------------------------------- WHEREAS, The Financial Task Force, as part of the Prioritization Process, recommended increasing the fees charged for false burglar and fire alarms; and WHEREAS, The Police Department recommends differentiating between business and residential false alarms; and WHEREAS, False alarms place a heavy burden upon the City in terms of both the financial cost of responding and the emotional toll on the personnel making the response. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that effective for calls made beginning on January 1, 1994 the fees shall be as follows: 1. For false fire alarms: the first false alarm will have no fee, the second false alarm will cost $150.00, and false alarms from number three onward will cost $300.00. 2. For false burglar alarms at a residence: the first four false alarms will have no fee, and false alarms from number five onward will cost $50.00. 3. For false burglar alarms at a business: the first four false alarms will have no fee, false alarm number five will cost $50.00, and the fee for false alarms after number five will be increased by $25.00 for each additional false alarm. 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 Council Meeting Date 11/08/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROVAL: Sy Knapp, irector of Public Works MANAGER'S REVIEW/RECOMMENDATION: Ate, '� 0 "' 7 77i ' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets 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. RECOMMENDED CITY COUNCIL ACTION It is recommended the Council adopt the attached resolution. yj 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 11/08/93 ) i 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 ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- JILL MELEK 5619 KNOX AVE N 177 JILL MELEK 5619 KNOX AVE N 178 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 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. 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. CITY OF BROOKLYN CENTER Council Meeting Date November R. 1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ## Y### YY####### YYY### YY###### YYY#### YY##### YYY###### Y### # #YYYYYYYY # # # #YY # #Y # # #Y # # # #YYYY ITEM DESCRIPTION: CLASS F AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO D'AMICO CATERING, INC., DBA D'AMICO CATERING AT EARLE BROWN HERITAGE CENTER. DEPT. APPROVAL: Trevor A. Hampton, Chief o Police #### Y# # # # # # #Y # # # # # #Y # # # # # # YY # # #Y # # # ## # #YY # # # # # # #Y # # # # # ## Y # # #Y # # # ## Y YY # #YY # #YY # #Y# MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached no) • D'Amico Catering, Inc. has applied for a Class F and Sunday On -Sale Intoxicating Liquor License, for its operation located at the Earle Brown Heritage Center. This applicant was previously involved with the management of on -site liquor sales, as well as catering, at the Earle Brown Heritage Center when it was employed as a management service through the Atrium Catering Company. D'Amico, Inc. holds a number of liquor licenses within the City of Minneapolis including the Azur Restaurant and Bocce Sports Italia Restaurant. Note that all of the corporate officers have been thoroughly investigated b the Minneapolis Police preceding g Y g s o ce De artment several times over the Y P P P years. Pursuant to Minnesota State Statute 340A.404S4, the City of Brooklyn Center has entered into an agreement with D'Amico Catering, to manage the food and beverage operations at the be e a e o g� g g P Earle Brown Heritage Center. Background investigations were conducted by Investigator M. Catherine Hennessy regarding all corporate officers as well as the on -site Beverage Manager. Nothing was found in those investigations under State Statute or City Ordinance that would preclude the issuance of a license at this time. RECOMMENDED CITY COUNCIL ACTION • The City ouncil approve issuance of a Class F and Sunda On -Sale Intoxicating Y PP y g License to D'Amico Catering, Inc., d /b /a D'Amico Catering at Earle Brown Heritage Center. CITY OF BROOKLYN CENTER Council Meeting Date I1 i8i93 Agenda Item Number /6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: �AhauuyH��� - Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONEMENDATION: No comments to supplement this report Comments below /attached SUNMARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. Licenses to be approved by the City Council on November 8, 1993: MECHANICAL SYSTEMS f Jim Sweeney Services 23117 Durant Street G b�'( Building Official OX RENTAL DWELLINGS Initial: Scot and Michal Frenzel 5256 E. Twin Lake Blvd. Renewal: James Lupient Basswood Apartments George Lucht 5105 Brooklyn Blvd. Patti Zoerb 5900 Camden Ave. N. Robert Lerum 4207 Lakeside Ave. N. #332 Robert Johnson 7218 -24 West River Road Sherry Ronallo 819 -21 55th Ave. N. Jerry Harrington /Eugene Berg 1200 67th Ave. N. am Director of l R),<- Community Development TAXICAB i Blue & White, Cab #518 1304 E. Lake Street Chief of Police GENERAL APPROVAL: aa,14 Sharon Knutson, Deputy City Clerk