HomeMy WebLinkAbout1989 10-09 CCP Regular Session•
1. Call to Order
2. Roll Call
3. Invocation
4. Open Forum
CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
OCTOBER 9, 1989
7 p.m.
5. Approval of 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.
6. Presentation:
a. Gene Ranieri - New Property Tax Legislation
7. Approval of Minutes:
*a. September 21, 1989 - Special Session
b. September 25, 1989 - Regular Session
8. Resolutions:
*a. Expressing Recognition of and Appreciation for the
Dedicated Public Service of Larry Propst
*b. Expressing Recognition of and Appreciation for the
Dedicated Public Service of Scott Burnes
*c. Accepting Quotation and Approving Purchase of an Air
Bottle System for the Fire Department
-Fire Department budget item
d. Accepting and Approving Proposal to Provide Traffic
Engineering Services Relating to Proposed 1990
Improvement Projects
-It is recommended that the City employ Short- Elliott-
Hendrickson, Inc. to provide traffic engineering
analysis and preliminary design services as necessary
to allow development of a plan for the improvement of
the Freeway Boulevard /65th Avenue /66th Avenue Corridor
between Shingle Creek Parkway and T.H. 252 which will
be compatible with that neighborhood, yet provide an
adequate level of service for traffic.
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CITY COUNCIL AGENDA -2- October 9, 1989
*e. Requesting the Hennepin County Department of
Transportation to Develop Plans for Safety Improvements
to County State Aid Highway No. 152 (Brooklyn
Boulevard) between 49th Avenue North and T.H. 100
f. Requesting Transfer of Title for One Parcel of Tax -
Forfeited Land on Appraisal List 705 -NC to the City of
Brooklyn Center
- Property adjacent to Kylawn Park
*g. Declaring a Public Nuisance and Ordering the Removal of
Shade Trees (Order No. DST 10/9/89)
h. Denying the Rental Dwelling License for 5500 Bryant
Avenue North
9. Ordinance: (7:30 p.m.)
a. An Ordinance Amending Chapter 11 of the Brooklyn Center
Ordinances Regarding Liquor
-This item was offered for a first reading on September
11, 1989, published in the City's official newspaper on
September 20, 1989, and is offered this evening for a
second reading. An additional amendment was considered
for a first reading at the September 25, 1989, meeting.
It is recommended the public hearing be opened this
evening and continued to the October 23, 1989, meeting
to coincide with the second reading of the other
ordinance amendment.
10. Consideration of Rental Dwelling License for 6525, 27, 29
Willow Lane (7:45 p.m.)
*11. Licenses
12. Continuation of Budget Hearing
13. Adjournment
PUbliCORp INC.
0.I 10 PiU.sbuRy CENTER (612) 337.9292
innEApolis, MN 55402
•
October 5, 1989
Property Tax Legislation Special Session: Summary
Introduction:
The special session tax act includes property tax relief
measures as well as property tax and state and local finance
reform. In addition, the legislation also includes
provisions relating to solid waste, tax increment, sales tax
education, the budget reserve and the real estate assurance
fund.
The property tax sections amend current law regarding the
classification system, local government aids, levy limits,
truth in taxation and the property tax refund. The act
also provides $274.0 million in property tax relief. Many of
the sections are effective the date of enactment while others
are effective for taxes payable in 1991. The following
summary discusses issues relating to cities. For example,
property tax and tax increment are discussed but education,
solid waste and other issues are not included in this
summary.
1. State Local Finance Reforms
The commission on planning and fiscal policy, a legislative
commission consisting of 18 members, is charged to conduct a
continuing study of state -local finance. In addition, the
commission must select state programs and mandates for
review. The governor is responsible for the program reviews.
Programs and mandates that involve state payments to local
governments must receive priority in selection.
The legislation, however, also requires that the following
state aids and state programs be reviewed by the governor:
(1) local aids and credits including local government
aid, homestead and agricultural credit aid,
disparity reduction aid, taconite homestead credit
and aids, tax increment financing and fiscal
disparities.
(2) human service aids
(3) elementary and secondary aids
(4) general government aids including material resource
aids, transportation aids, economic development
aids, and general infrastructure aids.
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Property Tax Legislation
October 5, 1989
Although there is no specific date for completing the
reviews, the legislation provides that reviews intended to be
considered as part of the governor's budget must be completed
by November 15. If the governor, based upon the review,
determines that the program or aid should be abolished,
increased or decreased, the governor must include the change
in the next budget submitted to the legislature.
The special session law also provided the following:
- -the commission on planning and fiscal policy may hire
an executive director. The executive director is
hired by the chair and vice chair. The director
serves for a four -year term.
- -the commission, by November 15, 1990, shall recommend
any changes in the uniform accounting and financial
reporting methods of cities, counties, towns and
special taxing districts to assure public and
legislative oversight of expenditures. The
recommendations shall be made to the legislature and
the recommendations shall consider on -line access by
appropriate state offices to political subdivision
accounts.
- -the commissioner of finance shall, by January 15,
1991, recommend to the governor, the commission on
planning and fiscal policy and the tax committees
changes to the formulae by which the state provides
local government aid to cities.
- - fiscal notes on bills must indicate the fiscal impact
of the proposed legislation upon local governments.
2. Property Tax Classification
The special session law made four major changes to the
classification system. The changes are as follows:
- - terminology
-- classification
- - target class rate
- - classification of substandard property
a. Terminology. Tax capacity is now know as class
rate. For example, the class rate for the first $68,000 of a
homestead's value is 1.0 %. Gross tax capacity means the
product of the appropriate gross class rates and market
values. A gross tax capacity for a $68,000 homestead would
be as follows:
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Property Tax Legislation
October 5, 1989
class rate x market value = gross tax capacity
$2.17% x $68,000 = $1,476
The net tax capacity is the product of the net class rate and
market value. The net tax capacity for the $68,000 homestead
is:
class rate x market value = net tax capacity
1.0% x $68,000 = $680
b. Classification. The legislation reduced the class
rates for most property taxes. Homesteads, commercial -
industrial, and apartment properties received decreases in
class rates. The enclosed table presents the new rates and
compares them to former law. The rates are effective for
taxes payable in 1990.
c. Target Class Rate. The target class rate for
commercial- industrial (C -I) property is 4.0 %. To accomplish
the 4% rate the governor shall recommend, as part of the
biennial budget, the effective class rate for taxes payable
in the following two years. In the proposed budget, the
governor shall designate a "phase -in percentage" equal to the
proportion of the effective class rate that will be based on
the target with the remainder based on 5.06 %. Therefore, the
net effective C -I class rate is the sum of the products of:
(1) the phase -in percentage multiplied by 4% and
(2) 100% - the phase -in percentage multiplied by
5.06 %.
For taxes payable in 1991 the phase -in percentage is 10%
provided that the governor may recommend an alternative
phase -in for payable 1991. The calculations for 1991 are as
follows:
(1) 10% x 4% = 0.04%
(2) (100 -10) x 5.06% = 4.554%
(3) (1) + (2) = 4.95%
In 1991, the net class rate would be 4.954% rather than
5.06 %. The impact on a C -I property having a $300,000 market
value is as follows:
1990 payable tax capacity = $300,000 x 5.06% = $15,180
1991 payable tax capacity = $300,000 x 4.954% = $14,862
In proposing the phase -in percentage the governor must
include in the budget funds needed to pay for increases in
homestead and agricultural credit aid.
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Property Tax Legislation
October 5, 1989
d. Classification of Substandard Property. The vetoed
bill contained the provision which permits a local government
unit to assign a higher class rate to residential rental
property found to be substandard. The provisions define a
substandard building, a process to declare a building
substandard, and an appeal process.
A building that is substandard will have a class rate of
4.1 %. The substandard building provisions are effective for
taxes payable in 1991.
3. Property Tax
Article 3 of the act contains numerous provisions regarding
the property tax. The article contains sections that
redefine terms, amends the leasehold cooperative law, and
authorizes a C -I refund for taxes payable in 1990 and 1991.
Among the amendments contained in Article 3 are the
following:
- - Pollution Abatement - MS272.02 subdivision 1 which
lists property taxes to be exempt from taxation is
amended to add pollution abatement equipment that
is used as part of an agricultural operation or as
part of an electric generation system. Pollution
abatement property is defined by an amendment to
272.02 subdivision 7. A review of the definition
indicates that the pollution abatement equipment
must be part of a solid waste resource recovery
mass burn facility.
- - Property Leased to School Districts - Another tax
exemption is granted for property leased to a school
district. To qualify for the tax exemption the
following requirements must be met:
- the lease must be for a 12 -month term
- the district must pay a nominal rent
- the facility must be used for direct
instruction in any grade from K to 12;
special education; or basic adult education
- the district during the term of the lease
must have exclusive use of the property
- - Assessor - All county assessors must be residents of
Minnesota.
- - Leasehold Cooperatives - Amendments to the leasehold
cooperatives sections are added to ensure that the
entity is non - profit and controlled by tenants.
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•
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Property Tax Legislation
October 5, 1989
-- Manufactured Home and Homestead Agricultural Credit
Aid - Homestead agricultural credit aid (HACA) will
be paid to local units for taxes paid by manufactured
homes. The aid will be calculated in the same manner
as HACA and will be paid for taxes payable in 1990.
-- Mortaaae Reaistry Tax Proceeds - Under former law
the mortgage registry tax was used to offset public
assistance costs. The tax proceeds were collected
and credited to the county's general fund. Under
the new law, 97% of the tax receipts will be
distributed to the state's general fund. The new
provisions are effective for taxes collected after
November 30, 1990.
-- Commercial Industrial Equalization Refund - Owners
of C -I property could be eligible for a property tax
refund from the state. The refund is available for
taxes payable in 1990 and 1991. Eligible property
owners must be notified by the county auditor. The
owner, however, must file by June 1 a claim for a
refund.
To be eligible a C -I property's net property tax
expressed as an effective rate is greater than the
net tax capacity of the property. The following
illustrates the eligibility.
(1) Property Tax $ 6,000
(2) Market Value $100,000
(3) Effective Rate (1)/(2) 6%
(4) Tax Capacity (2) x 5.06% $ 5,060
(5) Eligible Amount (1) -(4) $ 40
The state will pay 75% of the excess up to a maximum
of $4,000. In the example, the refund amount would
be $30. The new law annually appropriates $10.0
million for the refund. If the claims exceed the
appropriation, the refunds are to be prorated.
4. Local Government Aids
The special session act includes the current law local
government aid (LGA) formula and a transfer of $100.0 million
to the education foundation aid formula. The transfer is
equal to 3.4% of a town or city's adjusted net tax capacity.
The amount transferred from the city or town may be levied
outside of levy limits by the city or town. For example, if
a city's LGA amount is $16.0 million and 3.4% of its net tax
capacity is $1.0 million, its LGA amount is $15.0 million and
it may levy the $1.0 million. The funds transferred to the
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Property Tax Legislation
October 5, 1989
school district are part of the foundation aid formula and
are not new revenues that can be expended for programs.
The new law also establishes an equalization aid program.
The program, however, does not apply to cities of the first
class.
5. Levy Limits
The new law provides for the repeal of city levy limits for
taxes payable in 1992 and for counties in 1993. The levy
limit for payable 1990 for cities is the same as the vetoed
bill. The calculation for city levy limits are as follows:
(1) Adjusted 1989 Levy Limit Base
(2) Unutilized 1989 Levy Limit Base
Adjustment by Appeal
a. Payable 1989 Levy Limit Base
Adjustment for use of reserves - 0 -
b. Payable 1989 Levy Limit 7,000,000
c. Payable 1989 Levy Subject to Limit 7,000,000
d. Amount of Underlevy for 1989 (2)b -(2)c -0-
e. Unutilized Payable 1989 Levy Limit
Base Adjustment by Appeal (lesser of
(2)a or (2)d -0-
(3) Beginning Payable 1990 Levy Limit Base
(1) -(2)e
(4) Inflation Adjustment
(5) Inflation Adjustment 1990 Levy Limit
Base (3) x (4)
(6) Adjustment for Growth in Population or
Households
Population Households
10,000
9,400
1. 063
a. 1989 20,000
b. 1987 19,000
c. Ratio(1987/1988) 1.052
d. Adj. for Growth
(7) Population /Household Adjusted 1990 Levy
Limit Base (5)x(6)d
(8) Referendum Levy Adjustments
(9) Final 1990 Levy Limit Base (7) +(8)
(10) State Paid Aids
a. 1990 LGA
b. Taconite
c. Total
(11) Payable Levy Limit (9) -(10c)
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$10,000,000
10,000,000
1.03
10,300,000
1.0315
10,624,450
- 0-
10,624,450
3,000,000
- 0-
3,000,000
7,624,450
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Property Tax Legislation
October 5, 1989
The new law requires the deduction for unutilized levy for
reserves (line 2). The law also adjusts the maximum HRA levy
from 0.0081% of taxable market value to 0.0131% of taxable
market value.
The penalty for an over levy has also been modified. Under
former law, the penalty of 33 cents for every dollar of over
levy was subtracted from LGA. Under the amendment, the
penalty can be subtracted from either LGA or HACA.
6. Targeting
There is a new targeting provision. The targeting provisions
are effective for taxes payable in 1990 through 1995. The
credit will pay owners of homestead property for a portion of
a tax increase in excess of 10 percent (the qualifying
threshold) over the previous year on the same property. In
order to qualify for a refund the tax must increase by at
least $40 (the minimum amount). The refund will be based on
the difference between the current year gross tax and the
previous year's net tax after reduction for all state -paid
credits and targeting provisions.
Starting in 1990, the percentage of taxes that the state pays
will be 75 percent of the first $250 of the qualifying
increase and 90 percent of the amount of the qualifying
increase over $250. The amount of the bracket to which the
75 percent rate applies is increased after 1991 as follows:
1992 $275
1993 $300
1994 $325
In years after 1992 the amount of the minimum qualifying
increase to receive a credit is raised from $40 to the
following amounts:
1992 $ 60
1993 $ 80
1994 $100
The total cost of targeting is limited to the following fixed
appropriation amounts:
1990 no limit
1991 $7,000,000
1992 $6,500,000
1993 $6,000,000
1994 $5,500,000
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Property Tax Legislation
October 5, 1989
If the commissioner of revenue estimates the cost will exceed
the appropriation limit, proportionate reductions will be
made in the threshold and credit percentages.
The $250 targeting refund maximum for taxes payable in 1989
is also eliminated.
For taxes payable in 1990 only, there is a targeting credit
for owners of seasonal, recreational properties. The credit
equals 75% of the increase over 10 %, if the total increase is
$0 or more. The credit is limited to the first $250 of the
qualifying increase.
7. Local Revenue Option
Effective January 1, 1990, the hotel /motel tax is raised from
3% to 6 %. Of the total tax, 95% of the tax proceeds
attributable to the first 3% of the tax must be used for
tourism and promotion.
8. Proposed and Final Tax Notice
Article 9 of the new law establishes a new property tax
calendar. The following compares required actions to current
law and new completion dates specified in the special session
law.
Activity
Submit valuation abstract
used by local and county
boards of review
State Board of Equalization
to meet
Notification of the cost
of a reassessment
Railroad company
valuation report
Date to determine value
of railroad property
Jun 15 Apr 1
Jul 15 -Oct 1 Apr 15 -Jun 30
Oct 1 Aug 1
Apr 30 Mar 31
Apr 30 -Jul 31 Mar 31 -May 31
Date to certify value
railroad operating
property Oct 1 Jun 30
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Date
Previous New
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Property Tax Legislation
October 5, 1989
Activity
Date for determination
of property which loses
its exemption
Filing of certificate
value after sale
Date for certifying the
completing of local
assessor's deficient
assessment
Date complete appraisal
records
Date for notification of
market value of unmined
iron ore
Date commissioner certifies
amount of personal property
assessment against utility
companies Oct 1 Jun 30
Date to certify assessment
for transmission and
distribution lines
Last day for county board
of equalization action
Date values are finalized
by county assessor and
county auditor
Activity
Submit proposed budget
and levy to county
auditor
Truth In Taxation -Taxes Payable 1991
August 1
Auditor to mail notice
to individual taxpayers September 1
Current Law New Law
Completed Ely Completed Ey
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Date
Previous New
Dec 20
N/A
Oct 10
Mar 15
Oct 1
within 30 days
Sep 1
Feb 1
Sep 15 May 1
Nov 15 Jun 30
varies Jun 30
Jul 1
September 1
November 10
Property Tax Legislation
October 5, 1989
Activity
Public Notice
Public Hearing - Budget
Adoption
Activity
Submit proposed levy and
budget to county auditor
Publish Notice of Hearing
Current Law New Law
Completed Ey Completed By
September 15
October 25
Truth In Taxation -Taxes Payable 1990
Completed By
November 15
At least 5 days
before the public
hearing
Hold Public Hearing On or before
December 28
5 working days
after Dec 20
The new law contains the major components of truth -in-
taxation -- notice and hearing -- but there are
modifications. The modifications are:
- Payable 1991 Notice - the published public notice
requirement is repealed. In lieu of the published
public notice, the county auditor by November 10 must
mail by first class mail a notice to all taxpayers.
The notice will announce the times and places for the
public hearings of the local governments as well as
provide property tax and budget information. In
counties containing a city of the first class, the
auditor must send as part of the notice parcel by
parcel tax information. The parcel by parcel
information includes the parcel's market values
as well as estimated tax for the next year.
- Costs - the commissioner of revenue is appropriated
state funds to cover the cost of the notice. If the
county's cost exceed the appropriation, the excess
must be apportioned 1/3 to the county and equal
proportions (1/3) to the cities and towns and school
districts. Among like units the cost must be further
apportioned by population or the student census. For
example, if the excess cost is $48,000, $16,000 is
apportioned among the cities and towns. If Duluth is
40% of the population, its cost share is $6,400.
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Property Tax Legislation
October 5, 1989
- Public Hearing - the public hearing requirement does
not apply to towns and special taxing districts.
- Taxes Payable in 1990 - if the city, county or
town has completed its public hearing and levy
certification and the new law changes levy amounts,
it must publish a correct notice and hold a hearing.
The legislation also changed the calendar for the tax
procedures conducted by the county auditor. The schedule as
compared to the former law is as follows:
Activity
Delivery of tax lists to
the county treasurer
Date to mail personal
property tax statements
Treasurer make full
settlement with county
auditor March 5 May 20
Date unpaid personal
property taxes become
delinquent
Date delinquent personal
property taxes are filed
in court
Date to certify new TIF
districts to receive
current year's tax
capacity October 10 July 1
The legislation also moves up the dates for the
implementation of fiscal disparities. The changes are:
Activity
Assessors certify C -I
property gross tax
capacity
Auditors certify C -I
increase to administer
auditor
Former Law
January 1
February 15
March 1
July 1
Former Law
November 20
September 1
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New Law
March 1
April 15
May 16
July 31 June 15
New Law
August 5
July 15
Property Tax Legislation
411 October 5, 1989
Activity
Date to certify C -I values
to determine area - wide tax
capacity
Date for Commissioner of
Revenue to certify popu-
lation
Date administrative
auditor must certify
gross tax capacity
Date to determine area -
wide and local portion of
levy
Certify area -wide tax rate
The legislation also requires that the Commissioner of
Revenue must certify levy limits for taxes payable in 1990 by
October 23, 1989. In subsequent years, the levy limit must
be certified by August 1.
9. Tax Increment Financing (TIF)
The vetoed bill's TIF provisions are included in the new law.
The effective date is the day of final enactment. A summary
of the TIF section is enclosed.
10. Bond Allocation
Former Law
November 20
November 20
November 25
New Law
August 1
August 10
August 15
August 10
September 5
December 5 September 1
The new law amends the bond allocation act regarding
multifamily housing. For applications submitted in 1990 and
subsequent years, a multifamily project will receive an
allocation if it has entered into a rent agreement with the
commissioner. The rent agreement is similar to the one
required by the tax credit program. The requirement is in
force from January 1 to the last Monday in July.
After the last Monday in July, priority will be given to
projects that agree to enter into a rent agreement. In
addition, projects that do not enter rental agreements must
pay an additional 1% deposit fee.
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
SEPTEMBER 21, 1989
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in special session and was called to order
by Mayor Dean Nyquist at 7:03 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and
Philip Cohen. Also present were City Manager Gerald Splinter, Assistant Finance
Director Charlie Hansen, and Administrative Aide Patti Page.
PUBLIC HEARING
Mayor Nyquist reconvened the public hearing on the 1990 annual City Budget.
Councilmembers began review of the 1990 projected revenues for the City. A
brief discussion then ensued regarding the projected revenues.
Mayor Nyquist proceeded with the review of the Appropriation's Budget and began
with the City Council Budget, Unit No. 11. Councilmember Cohen stated he would
like to remove the membership fee for the League of Minnesota Cities to allow
for further discussion. He stated he would like the Finance Director to
calculate the amount of money that should have gone to the City instead of
paying the institutional fee. He added he would also like the Council to
discuss rescinding the League of Minnesota Cities' authority to raise dues at a
future meeting.
The City Council next reviewed the Charter Commission Budget, Unit No. 12. The
Council had no questions at this time.
The Council proceeded to review the City Manager's Office Budget, Unit No. 13.
The Council had no questions at this time.
The Council next reviewed the Elections and Voters Registration Budget, Unit No.
14. The City Manager noted the budget for 1990 is higher than 1989 because an
election is not being held in 1989. Councilmember Cohen stated he would like
staff to review the set -up of the tables and booths at precinct No. 1.
The Council went on to review the Assessing Department Budget, Unit No. 15.
Councilmember Cohen stated he had some questions regarding the use of the County
Assessor. He inquired if the City should explore the County approach or would
it raise the County taxes. He inquired if the City should seek an exemption
from the levy limits because they are doing work mandated by the State.
The Council then reviewed the Finance Department Budget, Unit No. 16. A brief
discussion then ensued pertaining to the addition of an MIS Coordinator within
this department.
9/21/89 -1-
The Council proceeded to review the Independent Audit Budget, Unit No. 17. The
Council had no questions at this time.
The Council then reviewed the Legal Counsel Budget, Unit No. 18. The City
Manager noted an annual fee of $100,000 has been negotiated for criminal cases
and, therefore, the budget can be cut $12,300.
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to cut $12,300 from the legal services account within Unit No. 18. The motion
passed unanimously.
Councilmember Paulson questioned the feasibility of hiring an in -house Attorney.
The City Manager stated there are many costs involved with hiring an in -house
Attorney, such as providing office space, library, secretarial services, etc.
He noted the City would still have to go outside to work with specialists in
certain fields.
The Council proceeded to review the Government Building's Budget, Unit No. 19.
The City Manager pointed out the City Council's lights and acoustics have been
cut from the budget because the City did receive funding from the Cable
Commission for this project. He noted the Cable Commission may be purchasing
two vans which would house the equipment so the Cable Commission could televise
the City meetings for the City.
The City Council next reviewed the Data Processing Budget, Unit No.' 20. The
City Manager noted the work station which is proposed for the Finance Department
would be for the new MIS Coordinator.
Councilmember Cohen stated he is not sure where this fits into the budget, but
he would like to develop some way of getting information out to the community.
A brief discussion then ensued relative to the different ways the community is
informed of events and meetings. The City Manager stated if the Council wished,
this could be placed as a discussion item at an upcoming meeting. Councilmember
Cohen pointed out that not everyone in the City watches the cable channel, reads
the PostNews, or looks at the Newsletter.
The City Council continued the review of the 1989 Budget by proceeding to the
Police Department Budget, Unit No. 31. The City Manager noted a major addition
to this budget is one additional officer for the investigation unit. He noted
this is necessary because of increased drug enforcement. He then went on to
discuss the proposed drug task force.
Councilmember Pedlar stated he has some concerns with the addition of an officer
and replacement of nonproductive time. The City Manager noted if the Council
were to cut the additional officer from the budget, they could cut $40,000 from
the total budget. Councilmember Pedlar stated he felt some sort of functional
analysis should be completed on the entire Police Department. He stated it may
be possible to reallocate responsibilities and decrease the need for an
additional officer. The City Manager briefly reviewed the work force currently
in the Police Department. Councilmember Scott inquired if the City could
earmark any drug forfeiture funds to pay for the additional officer. The City
Manager stated he feels it is best to hire personnel and run the affairs of the
9/21/89 -2-
•
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City based on a consistent money flow. A discussion then ensued regarding the
Police Department Budget and the proposed changes within the department.
Councilmember Cohen stated he felt he had no way of making accurate judgments as
to what is necessary in the Police Department. He noted he feels the cities are
fighting a loosing battle with the drug issue and this could become draining to
the City Budget. Councilmember Pedlar stated he did not have any questions
pertaining to the Police Department but did have several concerns regarding the
police organization and how it works. The City Manager stated he would be happy
to sit down with Councilmember Pedlar and review his concerns.
The City Council reviewed the Fire Department Budget, Unit No. 32. The City
Manager noted because of the responsibilities with the SARA law, there will be a
need for more full -time personnel in the future.
The City Council went on to review the Planning and Inspection Department
Budget, Unit No. 33. The Council had no questions at this time.
Next, the Council reviewed the Emergency Preparedness Department Budget, Unit
No. 34. The Council had no questions at this time.
The Council went on to review the Animal Control Budget, Unit No. 35. The
Council had no questions at this time.
The Council proceeded to the Engineering Division Budget, Unit No. 41. The
Council had no questions at this time.
The Council then reviewed the Street Maintenance Budget, Unit No. 42.
Councilmember Cohen inquired if the reforestation project was strictly for
boulevards. The City Manager stated it was for boulevards and City parks.
Councilmember Cohen inquired if it would be possible to utilize the City's
quantity buying power to allow citizens lower prices for replacement trees.
There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson
to continue the public hearing on the 1990 annual City Budget to September 25,
1989.
The meeting adjourned at 10:10 p.m.
City Clerk Mayor
9/21/89 -3-
•
•
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
SEPTEMBER 25, 1989
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by Mayor Dean Nyquist at 7:04 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Todd Paulson, Jerry Pedlar, and Philip Cohen.
Also present were City Manager Gerald Splinter, Director of Public Works Sy
Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron
Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, EDA
Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and
Administrative Aide Patti Page.
Mayor Nyquist noted Councilmember Scott would be absent from this evening's
meeting.
INVOCATION
The invocation was offered by Mayor Nyquist.
OPEN FORUM
Mayor Nyquist noted the Council had received a request from Jack Kelly to speak
at this evening's open forum. Mr. Kelly stated he would like the Council to
allow realtors to place open house signs on the boulevard to allow the realtors
to conduct their business the way it should be conducted. He inquired if all
sign codes are the same. Mayor Nyquist stated the placement of open house signs
on the boulevard is not a new issue to the Council. He noted the current
ordinance was drafted by a coalition of realtors before the Council took action
on it. The City Manager briefly reviewed the ordinance regulations and noted
this ordinance was passed five to six years ago. The Director of Planning and
Inspection noted only signs installed by the City are allowed in the boulevard
or right of way. The City Manager stated he would be happy to look into the
issue again. Councilmember Cohen suggested Mr. Kelly contact the City Manager
on Tuesday. He added he has noticed the open house signs are quite small, and
they do not seem to obstruct the site lines. He added the open house signs
generally come down faster than the garage sale signs. The Mayor noted he would
not be adverse to the idea of a group of realtors recommending changes to the
ordinance.
CONSENT AGENDA
Mayor Nyquist inquired if any Councilmembers requested any items removed from
the consent agenda. No requests were made.
APPROVAL OF MINUTES - AUGUST 28, 1989 - REGULAR SESSION
There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar
to approve the minutes of the August 28, 1989, City Council meeting. The motion
9/25/89 -1-
passed unanimously.
PROCLAMATION DECLARING 1990 AS CELEBRATE MINNESOTA
The motion for the adoption of the foregoing proclamation
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 89 -17
Member Todd Paulson
RESOLUTION AMENDING
WEST HENNEPIN HUMAN
The motion for the
member Jerry Pedlar,
adoption of the foregoing resolution
and the motion passed unanimously.
9/25/89 -2-
APPROVAL OF MINUTES - SEPTEMBER 11. 1989 - REGULAR SESSION
There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar
to approve the minutes of the September 11, 1989, City Council meeting. The
motion unanimously.
PROCLAMATION
Member Todd Paulson introduced the following proclamation and moved its
adoption:
was duly seconded by
8
introduced the following resolution and moved its adoption:
THE PROJECT AIR AGREEMENT AMONG THE CITY OF BROOKLYN CENTER,
SERVICES, AND MINNEGASCO
was duly seconded by
RESOLUTION NO. 89 -179
Member Todd Paulson introduced the following resolution and moved its adoption:
RESOLUTION CERTIFYING TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 89 -180
Member Todd Paulson introduced the following resolution and moved
its adoption:
RESOLUTION REMOVING PROPOSED CHARGES FOR WEED DESTRUCTION FROM SPECIAL
ASSESSMENT ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 89 -181
Member Todd Paulson introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES
(ORDER NO. DST 09/25/89)
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
•
•
•
RESOLUTION NO. 89 -182
Member Todd Paulson introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) DUMP BODY
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 89 -183
Member Todd Paulson introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) CRANE HOIST
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 89 -184
Member Todd Paulson introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF ROBERT QUENROE
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 89 -185
Member Todd Paulson introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF JANE ALFORD
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 89 -186
Member Todd Paulson introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL TO REFINISH CONCRETE FLOOR AT EAST FIRE STATION
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar
to approve the following list of licenses:
COMMERCIAL KENNEL
A Dog's Best Friend
Pet Center's Inc.
ITINERANT FOOD ESTABLISHMENT
9/25/89 -3-
6830 Humboldt Ave. N.
1269 Brookdale Center
Earle Brown Elementary School
Korean Presbyterian Church
MECHANICAL SYSTEMS
Master Mechanical, Inc.
RENTAL DWELLINGS
Renewal:
Keith Nordby
Capital Properties Management
Lillian Hollenbeck
Clifford Lane /Dorothy Ernst
George and EthelJean McMullen
J. J. Barnett
SPECIAL FOOD HANDLING ESTABLISHMENT
Toys "R" Us
9/25/89 -4
5900 Humboldt Ave. N.
6830 Quail Ave. N.
9864 James Circle
5960 Brooklyn Blvd.
6501 Brooklyn Blvd.
5406 Bryant Ave. N.
6927 June Ave. N.
2401 -03 54th Ave. N.
2922 68th Lane N.
5425 Xerxes Ave. N.
The motion passed unanimously.
The Personnel Coordinator left the meeting at 7:19 p.m.
RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING
The Brooklyn Center City Council recessed at 7:19 p.m.
p.m.
and reconvened at 7:33
RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Approving
Computer Package. He noted this computer package is
the MNDOT State Aid Office, with a 60% reimbursement
stated it is proposed to purchase this unit from funds
budget for data processing.
RESOLUTION NO. 89 -187
Member Todd Paulson introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PURCHASE OF A STATE AID COMPUTER PACKAGE
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
PUBLIC HEARING - AMENDING DEVELOPMENT DISTRICT BOUNDARY LINES
The City Manager noted this public hearing was first opened on July 10, 1989,
and tabled to this evening's meeting. He noted staff is recommending continuing
this public hearing to the November 27, 1989, City Council meeting.
There was a motion by Councilmember Paulson and seconded by Councilmember Cohen
to continue the public hearing for amending the development district boundary
lines to November 27, 1989. The motion passed unanimously.
The EDA Coordinator left the meeting at 7:38 p.m.
Purchase of a State Aid
available to the City via
from State aid funds. He
available within the 1989
•
•
DISCUSSION ITEMS
1990 IMPROVEMENT PROJECTS
The Director of Public Works noted under the Municipal State Aid (MSA) Street
Program, the City of Brooklyn Center receives an annual allotment of funds for
improvement of the system of streets which have been designated as MSA streets.
He noted Brooklyn Center's MSA system includes 21.3 miles of street. He noted
this is the maximum miles of streets which Brooklyn Center may designate. He
then went on to briefly review the MSA fund balance. He then went on to review
the proposed improvements for 1990 and beyond. Discussion then continued
relative to the proposed improvements and other priority areas within the City.
Councilmember Pedlar stated the MSA policy seems to encourage cities to utilize
the available funds to ensure future allotments will not be reduced. He noted
he has several concerns with this type of policy. The Director of Public Works
agreed with Councilmember Pedlar that the policy could be interpreted to
encourage unnecessary spending but noted the proposed improvements are needed
within the City. There was further discussion regarding the MSA policy of
funding.
There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar
to give tentative approval to the proposed improvements as outlined in the
memorandum from the Director of Public Works and directing staff to bring back
individual projects for consideration. The motion passed unanimously.
CONSIDERATION TO DENY THE RENEWAL OF THE RENTAL DWELLING LICENSE FOR 5500 BRYANT
AVENUE NORTH
The City Manager noted the applicant for this license is not present this
evening and inquired if the Council wished to continue consideration of this
license to a later meeting. There was a general consensus among Councilmembers
to proceed with the agenda item.
Mayor Nyquist opened the meeting for the purpose of a public hearing to consider
denial of the renewal of the rental dwelling license for 5500 Bryant Avenue
North. He inquired if there was anyone present who wished to address the
Council. There being none, he entertained a motion to close the public hearing.
There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen
to close the public hearing on consideration to deny the renewal of the rental
dwelling license for 5500 Bryant Avenue North. The motion passed unanimously.
The Director of Planning and Inspection pointed out the applicant did receive
the notices of the public hearing but has not contacted the Director of Planning
and Inspection or his department.
There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar
directing staff to prepare a resolution for denial of the renewal of rental
dwelling license for 5500 Bryant Avenue North. The motion passed unanimously.
RECESS
The Brooklyn Center City Council recessed at 8 :48 p.m. and reconvened at 9:07
p.m.
9/25/89 -5-
DISCUSSION ITEMS (CONTINUED)
ADDITIONAL NUISANCE ORDINANCES
The Director of Planning and Inspection briefly reviewed the proposed changes in
the ordinances noting subdivision 13 is intended to prohibit the parking and
storage of any vehicles or equipment on any vacant property in the City
regardless of a zoning designation; and subdivision 14 regulates where vehicles
or equipment may be parked or stored in residential areas. He noted subdivision
14 is perhaps the most controversial because it notes that all vehicles,
including cars, authorized trucks, recreation vehicles, trailers, boats, etc.
when parked or stored in front yards or yards abutting a public street, must be
on an authorized driveway or a paved or graveled extension of an authorized
parking or driveway area. He noted these paved or graveled driveway and parking
areas may not exceed 50% of that yard area. The City Manager briefly reviewed
the sites within the City which precipitated these changes. A brief discussion
then ensued regarding the proposed ordinance amendments.
Mayor Nyquist inquired what is currently being done regarding the parking and
storage of commercial vehicles and equipment. The City Manager stated at this
time approximately 25 to 30 notices have been sent out notifying residents of
these violations. Councilmember Pedlar stated he feels there comes a time when
the Council's credibility is at stake, and if an ordinance is in effect, then
the Council or staff should be doing something about it. A brief discussion
then ensued regarding the actions that have been taken to this point with regard
to the ordinance.
There was a motion by Councilmember Cohen and seconded by Councilmember Paulson
directing staff to notify the citizens of this proposed amendment to obtain
citizen input and directing staff to bring it before the Council in January,
1990. The motion passed unanimously.
PRINCIPLES FOR MINNESOTA PROPERTY TAX REFORM
The City Manager briefly reviewed the six principles for property tax reform
which were drafted by a number of city managers from within the North Metro
Mayors' Association. A discussion then ensued pertaining to these principles
and Councilmember Cohen stated he felt some time should be spent discussing
these issues later this fall. He stated he feels all the principles are good
but he needs to understand them better.
There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar
to table discussion of principles for Minnesota property tax reform to a future
agenda. The motion passed unanimously.
LIOUOR ORDINANCE AMENDMENTS
The City Manager stated the City has received inquiries from hotels that wish to
have a liquor license in order to serve liquor and hors d'oeuvres to its guests.
He noted these hotels only serve these items and a breakfast to its guests. He
explained originally staff was told by the State Liquor Control that the City
could not license these types of establishments. However, in recent discussions
with the State Liquor Control Director, the City has been informed that it could
license establishments under certain conditions. He stated licensing these
establishments would require changing the liquor ordinance by making a special
9/25/89 -6-
•
•
•
•
•
class "E" license for these types of establishments. He stated the ordinance
amendment before the Council this evening incorporates these changes to allow
for this type of license. Councilmember Cohen left the table at 9:58 p.m.
The City Manager stated if the Council wished it could wait to pass this
amendment until the situation arises or it could act now in anticipation of an
application. Councilmember Cohen returned to the meeting at 10:03 p.m.
A brief discussion then ensued regarding the ordinance amendment.
There was a motion by Councilmember Cohen and seconded by Councilmember Paulson
to approve for first reading An Ordinance Amending Chapter 11 of the Brooklyn
Center Ordinances and setting a public hearing date for October 23, 1989, at
7:30 p.m. The motion passed unanimously.
OTHER BUSINESS
Councilmember Paulson stated there are openings on the Regional Transit Board,
and he is interested in membership on this board.
There was a general consensus among Councilmembers to direct staff to write a
letter recommending appointment of Todd Paulson to the Regional Transit Board.
RESOLUTION NO. 89 -188
Member Philip Cohen introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF MR. BILL HAWES
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 89 -189
Member Philip Cohen introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF MR. GENE LHOTKA
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 89 -190
Member Philip Cohen introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF MR. RICH THEIS
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
CONTINUATION OF BUDGET HEARING
Mayor Nyquist stated he felt it was too late in the evening to begin discussions
on the budget. There was a general agreement among Councilmembers to delay the
9/25/89
-7-
budget hearing to a later date. The City Manager and Finance Director briefly
reviewed some of the changes which have recently occurred and notified the
budget must be certified to the County by November 9, 1989.
There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar
to continue the budget hearing to October 9, 1989. The motion passed
unanimously.
ADJOURNMENT
There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen
to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City
Council adjourned at 10:33 p.m.
Clerk
Mayor
9/25/89 -8-
•
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION
FOR THE DEDICATED PUBLIC SERVICE OF LARRY PROPST
WHEREAS, Larry Propst served on the Brooklyn Center
Park and Recreation Commission from April 8, 1985, to
September 9, 1989; and
WHEREAS, his public service and civic effort for the
betterment of the community merit the gratitude of the citizens
of Brooklyn Center; and
WHEREAS, it is highly appropriate that his 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
Larry Propst is hereby recognized and appreciated by the City of
Brooklyn Center.
ATTEST:
Date Mayor
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 EXPRESSING RECOGNITION OF AND APPRECIATION
FOR THE DEDICATED PUBLIC SERVICE OF SCOTT BURNES
WHEREAS, Scott Burnes served on the Brooklyn Center
Park and Recreation Commission from May 4, 1987, to October 3,
1989; and
WHEREAS, his public service and civic
betterment of the community merit the gratitude
of Brooklyn Center; and
effort for the
of the citizens
WHEREAS, it is highly appropriate that
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
Scott Burnes is hereby recognized and appreciated by the City of
Brooklyn Center.
ATTEST:
Date Mayor
Clerk
his service to
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:
ATTEST:
RESOLUTION NO.
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE
OF ONE (1) AIR BOTTLE SYSTEM FOR THE FIRE DEPARTMENT
WHEREAS, an appropriation was approved in the 1989
budget for the purchase of one (1) air bottle system; and
WHEREAS, $7,000 was originally appropriated for the
purchase of the air bottle system; and
WHEREAS, two (2) quotations were received as follows:
Companv Quote
Compress Air $ 8,917.00
Twin City Oxygen 10,372.32
WHEREAS, there are sufficient funds within the budget
to cover the difference between actual cost and the approved
appropriation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Brooklyn Center that the purchase of one (1) air
bottle system from Compress Air in the amount of $8,917 is hereby
approved.
Date Mayor
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
•
Council Action Required
CITY OF BROOKLYN CENTER Council Meeting Date 10/9/89
Agenda Item Number lS
REQUEST FOR COUNCIL CONSIDERATION
• *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
RESOLUTION ACCEPTING AND APPROVING PROPOSAL TO PROVIDE TRAFFIC ENGINEERING
SERVICES RELATING TO PROPOSED 1990 IMPROVEMENT PROJECTS
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
* * * * * * * * * * * * **IAPPD *R * ** *R * * ** P *B * * * * *W*
MANAGER'S REVIEW /RECOMMENDATION:
* **' * .* * * * * * * * * * * * * * * * * * * * * * * * * * * *
No comments to supplement this report /\ 1 Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached Yes )
At the 9/25/89 Council meeting the Council gave tentative approval to several
1990 improvement projects, including several improvements along the Freeway
Boulevard /65th Avenue /66th Avenue corridor between Shingle Creek Parkway and
T.H. 252. At that time staff recommended that the City obtain a proposal for
traffic engineering services as needed to allow development of a plan for
improvements which will be compatible with the neighborhood, while providing an
adequate level of service for traffic.
Attached hereto is a proposal from Short - Elliott- Hendrickson Inc. (SEH) to
provide these services. This firm has conducted numerous studies and reports,
and has prepared plans and specifications for several projects for the City -
all with excellent results.
It is noted that the SEH proposal provides for reimbursement based on an hourly
basis, and does not contain a maximum fee. It is our opinion that this is a
necessary and acceptable arrangement because it is impossible to predict the
amount of work which will be required in order to prepare the needed traffic
analyses and forecasts, geometric designs, and possibly to prepare, submit and
support a request for variance from Municipal State Aid Standards. While SEH's
proposal estimates the total costs at $11,000 (including $1500 if a variance is
needed), we do expect to keep these costs to a lower figure - by obtaining
Hennepin County mapping and by other cooperative work efforts between SEH and the
Engineering Department staff.
A resolution accepting and approving the SEH proposal is provided for
consideration by the City Council.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING AND APPROVING PROPOSAL TO PROVIDE
TRAFFIC ENGINEERING SERVICES RELATING TO PROPOSED 1990
IMPROVEMENT PROJECTS
WHEREAS, the City Council has tentatively approved the development of
preliminary plans, reports and cost estimates for several proposed 1990
improvement projects; and
WHEREAS, the Director of Public Works has advised the Council that it
is necessary to obtain traffic engineering services to allow development of a
plan for the improvement of the Freeway Boulevard /65th Avenue /66th Avenue
corridor between Shingle Creek Parkway and T.H. 252 which will be compatible
with the neighborhood, yet provide an adequate level of service for traffic
within that corridor; and
WHEREAS, the firm of Short - Elliott - Hendrickson Inc. (SEH), consulting
engineers, has submitted a proposal to provide the needed traffic engineering
services and the City Council finds said proposal to be appropriate and acceptable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
ATTEST:
1 The proposal submitted by SEH to provide the needed traffic
engineering services for these improvements at an estimated total
cost of $11,000 is hereby accepted.
2 The Mayor and City Manager are hereby authorized and directed to
enter into contract with SEH to provide the required services in
accordance with their proposal.
The costs for these traffic engineering services shall be charged
to the Municipal State Aid Fund, Account No. 2613, in conjunction
with the proposed improvement projects for which those services are
provided.
Date Mayor
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.
ENGINEERS I ARCHITECTS I PLANNERS
SHORT ELLIOTT
HENDRICKSON 1NC.
October 3, 1989
222 EAST LITTLE CANADA ROAD, ST PAUL, MINNESOTA 55117 612 484 -0272
RE: FREEWAY BOULEVARD /65TH AVENUE
REFERENCE CONCEPT DESIGN
Mr. Sy Knapp,
Public Works Director
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Dear Mr. Knapp:
Last winter we made a traffic study of several intersections on
Freeway Boulevard and 65th Avenue. At each intersection, we used
previously forecasted traffic volumes to calculate intersection
capacity for several concepts of lane arrangements including a
single lane of approach, two lanes of approach and additional
left and right turn lanes in several combinations. We recently
reviewed the findings and our report with you.
With this information, it is now possible to develop an overall
concept layout for Freeway Boulevard from Highway 252 (66th
Street) to Xerxes Avenue. This concept drawing is desirable for
public presentations and review as well as to establish lane
continuity.
We propose to prepare the concept layout using the following work
program:
1. Calculations at previously studied intersections would be
reviewed. Additional alternates that we discussed would be
studied for capacity and operations.
2. A base layout will be prepared using City supplied plan
sheets or record drawings. It is possible to use Hennepin
County mapping, if available.
3. A concept preliminary layout will be prepared using a
combination of intersection alternates. An alternate
preliminary layout will also be prepared. One alternate will
show a bike trail (off street) and both will show right of
way.
4. A report documenting the layout will be prepared. The report
will update the existing report with additional alternates
studied and the reasons for selection of the lane
arrangements shown on the layout.
ST PAUL,
MINNESOTA
CHIPPE'WA FALL
WISCONSIA!
Mr. Sy Knapp, City of Brooklyn Center
October 3, 1989
Page 2
5. The report and layout will be presented at a public
informational meeting and to the City Council.
6. If a State -Aid Variance is required, the necessary
application and drawings will be prepared. A presentation to
the Variance Board will be made in cooperation with City
staff.
Work can be started upon approval of the work program by the
City. Preparation of the base layout will be dependent upon
receiving plan sheets or county maps from the City. Work can be
completed 30 days after receipt of the plans /maps.
We estimate the work program cost at $9,500, including the
variance request (if needed). Work related to the variance is
estimated at $1,500. If Hennepin County mapping is available, the
cost will be reduced. We would also like to explore directly
converting the Hennepin County map information to our CADD system
to develop the ability to explore options and alternates more
easily and quickly.
We propose to undertake the work on a per diem basis which would
permit the City to benefit from the cost savings of the Hennepin
County mapping and CADD applications or deletion of the variance
application if it is not necessary.
Please consider the work program as outlined and call if you have
any questions. We look forward to working with you and your staff
on the development of the layout.
Respectfully submitted,
Short - Elliott- Hendrickson, Inc.
Vim,
G1 Van Wormer, P.E.
GVW /dma Project Manager
Acceptance by the City of Brooklyn Center:
Approved by City Council resolution
on , 1989
Signed by
Signed by
, Mayor
City Manager
Council Action Required
CITY OF BROOKLYN CENTER Council Meeting Date 10/9/89
Agenda Item Number FE
REQUEST FOR COUNCIL CONSIDERATION
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
RESOLUTION REQUESTING THE HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO
DEVELOP PLANS FOR SAFETY IMPROVEMENTS TO COUNTY STATE AID HIGHWAY NO. 152
(BROOKLYN BOULEVARD) BETWEEN 49TH AVENUE NORTH AND TRUNK HIGHWAY 100
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL: /
SY K NAPP / OF PUBLIC WOI
* * * * * * * * * * * * * * * * ** * * * * * RECTOR * * * * * * * * * * * * * * * * * * * **
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION:
A resolution is provided for consideration by the City Council.
(supplemental sheets attached Yes
Access to the section of Brooklyn Boulevard between 49th Avenue and Trunk
Highway 100, particularly left turn access during rush hours, is becoming
increasingly difficult. To improve this access and to improve safety conditions
on this roadway, the Administrative Traffic Committee recommends that Traffic
Control Signal System(s) be installed on Brooklyn Boulevard, either at the south
ramp terminal of the Trunk Highway 100 /Brooklyn Boulevard interchange, or at the
Brooklyn Boulevard /51st Avenue intersection, or at both of these locations.
If the signals are to be installed at the Trunk Highway 100 ramp terminal
location, the Committee recommends that geometric improvements be made to
connect Lilac Drive into that intersection (see attached concept plan).
Because Brooklyn Boulevard lies under the jurisdiction of Hennepin County and is
designated as County State Aid Highway No. 152, it is recommended that the City
Council adopt a resolution requesting HCDOT to initiate this project.
•
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION REQUESTING THE HENNEPIN COUNTY DEPARTMENT OF
TRANSPORTATION TO DEVELOP PLANS FOR SAFETY IMPROVEMENTS TO
COUNTY STATE AID HIGHWAY NO. 152 (BROOKLYN BOULEVARD) BETWEEN
49TH AVENUE NORTH AND TRUNK HIGHWAY 100
WHEREAS, current traffic volumes on CSAH 152 (Brooklyn Boulevard)
between 49th Avenue North and Trunk Highway No. 100 range from 11,500 to more
than 17,000 annually averaged daily traffic (AADT); and
WHEREAS, access to that roadway from adjacent properties and local
streets is very difficult and dangerous; and
WHEREAS, no traffic control signal systems are in place to assist in
providing safe and convenient access to CSAH 152; and
WHEREAS, the Brooklyn Center Administrative Traffic Committee has
recommended that safety improvements be made to CSAH 152 and has recommended
that consideration be given to the installation of traffic signals at either or
both of the following locations:
o intersection of CSAH 152 (Brooklyn Boulevard) with the south ramp
terminal of the Trunk Highway 100 interchange; and /or
o intersection of CSAH 152 (Brooklyn Boulevard) with Slst Avenue
North;
and that Committee has further recommended that, if traffic signals are
installed at the CSAH 152 /Trunk Highway 100 ramp terminal location,
consideration should also be given to revising the geometric design of that
intersection to include a direct connection from Lilac Drive to that
intersection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The Hennepin County Department of Transportation (HCDOT) is hereby
requested to review existing conditions and problems and to develop
plans for safety and access improvements to CSAH 152 between 49th
Avenue North and Trunk Highway 100.
2. The City Manager and City staff are hereby authorized and directed
to submit this request to HCDOT, along with information relating to
this request, and to assist and cooperate with HCDOT in developing
additional information and plans for the requested improvements.
RESOLUTION NO.
ATTEST:
Date Mayor
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.
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•
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CITY OF BROOKLYN CENTER Council Meeting Date 10/9/89
Agenda Item Number 8 F
REQUEST FOR COUNCIL CONSIDERATION
ID *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
RESOLUTION REQUESTING TRANSFER OF TITLE FOR ONE PARCEL OF TAX - FORFEITED LAND ON
APPRAISAL LIST 705 -NC TO THE CITY OF BROOKLYN CENTER
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
* * * * * * * * * * * * ****** * D *R * * O * * * ** *B * * * * *W
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached Yes
Several months ago the City received notice from the Hennepin County Tax
Forfeited Lands Division that a 7.93 acre parcel of property adjacent to the
Moorwood Townhouses (see attached map) has been forfeited to the State of
Minnesota for non - payment of taxes, and is available to the City to be used for
public purposes. (Note: This property is immediately adjacent to Kylawn Park.)
At that time the City was preparing a "6(f)" statement and report relating to
the possible realignment of 69th Avenue in the Palmer Lake area, and it was
recognized that, if 69th Avenue is realigned, it would be necessary to acquire
"replacement" parkland for those parklands used for the 69th Avenue realignment.
Accordingly, the City requested that the Minnesota Department of Natural
Resources and the U.S. Department of Interior approve the use of the available
land adjacent to Kylawn Park as replacement land, for the proposed 69th Avenue
realignment. That request has now been approved by those agencies.
Accordingly, it is recommended that the City now proceed to acquire this tax
forfeited parcel of property for future use as an extension of the Kylawn
Park /Environmental Preserve area.
It is noted that, while the acquisition of this property can be used to satisfy
the requirement to provide replacement parklands if the City proceeds with the
69th Avenue realignment, this action in no way commits the City to proceed with
the 69th Avenue realignment.
City Council Action Reouired
Adoption of the attached resolution.
** *: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Comments below /attached
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION REQUESTING TRANSFER OF TITLE FOR ONE PARCEL
OF TAX - FORFEITED LAND ON APPRAISAL LIST 705 -NC TO THE
CITY OF BROOKLYN CENTER
WHEREAS, the City Council of the City of Brooklyn Center has received
from the County of Hennepin, a list of lands in Brooklyn Center which became the
property of the State of Minnesota for nonpayment of real estate taxes, which
list has been designated as Appraisal List No. 705 -NC; and
WHEREAS, the City of Brooklyn Center desires to obtain the following
parcel to be used for public purposes:
OUTLOT D OF THE PLAT OF MOORWOOD TOWNHOUSES
(P.I.D. #03- 118 -21 -22 -0036)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center that the City of Brooklyn Center hereby requests conveyance of
property identified as No. 03- 118 -21 -22 -0036 to the City of Brooklyn Center for
public purposes. The City Manager is hereby authorized and directed to prepare
and submit the City's application for said conveyance.
ATTEST:
Date Mayor
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.
_ _
5.D. no • 251
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*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
DEPT. APPROVAL
4 /- �2
* * * * * * * * * * * ** N* P D I R ECTOR OF PUBL I C WORK:
MANAGER'S REVIEW /RECOMMENDATION:
RECOMMENDATION
CITY OF BROOKLYN CENTER Council Meeting Date10 /09/89
Agenda Item Number 7
REQUEST FOR COUNCIL CONSIDERATION V
RESOLUTION DECLARING A PUBLIC NUISANCE
AND ORDERING THE REMOVAL OF SHADE TREES
No comments to supplement this report
*'** * * * * * * * * * * * * * * * * * * * * * * **
)
Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached NO
4110 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
the procedures outlined therein. It is anticipated that this resolution will be submitted
for council consideration each meeting during the summer and fall as new trees are marked.
It is recommended the council adopt the attached resolution.
Member introduced the following resolution and
moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF SHADE TREES (ORDER NO. DST 10/09/89)
WHEREAS, a Notice to Abate Nuisance and Shade 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 shade trees
on the owners' property; and
WHEREAS, the City can expedite the removal of these shade trees by
declaring them a public nuisance:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota that:
ATTEST:
1. The shade trees at the following addresses are hereby declared
to be a public nuisance.
2. After twenty (20) days from the date of the notice, the property
owners will receive a second written notice that will give them
(5) business days in which to contest the determination of City
Council by requesting a hearing in writing. Said request shall be
filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a
hearing, the tree(s) shall be removed by the City.
4. All removal costs, including legal, financing and administrative
charges, shall be specially assessed against the property.
Date
PROPERTY OWNER
Clerk
RESOLUTION NO.
PROPERTY ADDRESS TREE NUMBER
A COLLODORO /A REKKED 6607 DREW AVE N 572
JOHN MC ARDELL 5738 KNOX AVE N 573
ELOF B LARSON 6712 5TH ST N 574
ELOF B LARSON 6712 5TH ST N 575
Mayor
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.
89
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION DENYING THE RENTAL DWELLING LICENSE FOR
5500 BRYANT AVENUE NORTH
WHEREAS, the City of' Brooklyn Center has adopted a Housing Maintenance and
Occuapncy Ordinance (Chapter 12 of the City ordinances) setting forth minimum
standards for the maintenance of' all buildings used in whole, or in part, as a home or
residence, or as an accessory structure thereto and the premises upon which such
structures are placed; and
WHEREAS, Section 12 -901 of said ordinance requires a person to obtain a
license from the City of Brooklyn Center to operate a rental dwelling within the City
of Brooklyn Center, said operating license to be renewed biennially following the
initial licensing period; and
WHEREAS, Section 12 -905 of said ordinance states: "No operating license
shall be issued or renewed unless the rental dwelling and its premises conform to the
ordinances of Brooklyn Center and the laws of the State of Minnesota; and
WHEREAS, Mr. Herbert A. Zwirn, Jr., 3084 Mildred Drive, Roseville,
Minnesota, is the owner of record and operator of a rental dwelling complex
containing four dwelling units at 5500 Bryant Avenue North in Brooklyn Center; and
WHEREAS, Mr. Zwirn's rental dwelling license to operate said rental
dwelling expired on June 30, 1989; and
WHEREAS, said rental dwelling has been inspected pursuant to the
requirements of the Housing Maintenance and Occupancy Ordinance regarding the
renewal of the rental dwelling license; and
WHEREAS, the Fire Chief, the Building Official, the Public Health
Sanitarian and the Housing Inspector have reported their findings based on
inspections of the property to the Director of Planning and Inspection; and
WHEREAS, the Director of Planning and Inspection pursuant to Section 23-
003 of the City Ordinances has recommended in writing to the City Council that the
rental dwelling license for 5500 Bryant Avenue North be disapproved based on the
fact that the rental dwelling and its premises do not conform to the ordinances of
Brooklyn Center and the laws of the State of Minnesota; and
WHEREAS, pursuant to Section 23 -004 of the City ordinances, the Director
of Planning and Inspection, in a notice sent on September 19, 1989, informed Mr.
Zwirn of the following:
1. The nature of his recommendation to disapprove the rental dwelling
license renewal;
2. That the City Council would consider Mr. Zwirn's rental dwelling
license renewal on Monday, September 25, 1989 in the Brooklyn Center
City Council Chambers at approximately 7:45 p.m.;
3. That Mr. Zwirn had the right to appear before the City Council in
support of his license application; and
RESOLUTION NO.
1989; and
WHEREAS, Mr. Zwirn did not appear before the City Council on September 25,
WHEREAS, the City Council of the City of Brooklyn Center considered Mr.
Zwirn's rental dwelling license renewal and the reports and recommendations of the
Director of Planning and Inspection on September 25, 1989 and October 9, 1989.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center to make the following findings:
1. That the ordinance provisions regarding the consideration of the
renewal of the rental dwelling license for Mr. Herbert A. Zwirn, Jr. to
operate a rental dwelling at 5500 Bryant Avenue North have been met.
2. That Mr. Zwirn has been given the ordinance required notice and
opportunity to appear before the City Council in support of his
license renewal.
3. That the City Council has received the reports of the Director of
Planning and Inspection dated September 25, 1989 recommending
disapproval of the license renewal and the reports of the Fire Chief
dated September 14, 1989, Building Official dated September 5, 1989,
Public Health Sanitarian dated September 8, 1989 and the Housing
Inspector dated August 23, 1989 relating to the compliance of this
rental dwelling with the provisions of the Housing Maintenance and
Occupancy Ordinance.
4. That the City Council concludes that the rental dwelling at 5500
Bryant Avenue North is not in compliance with the City's Housing
Maintenance and Occupancy Ordinance in the manner set forth in said
reports.
5. That Mr. Zwirn has violated, or failed to comply with ordinances,
statutes or legal directives regarding the operation of the rental
dwelling at 5500 Bryant Avenue North.
6. That Mr. Zwirn has failed to correct or remove ordinance violations
within a reasonable period of time after notice to do so.
7. That Mr. Zwirn has shown that he is unwilling or unable to maintain a
rental dwelling in accordance with the minimum standards outlined in
the City's Housing Maintenance and Occupancy Ordinance.
8. That the continued operation of said rental dwelling in the manner
outlined above, constitutes a substantial threat to the public peace,
health, safety or welfare.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that the rental dwelling license renewal requested by Herbert A. Zwirn, Jr. to
operate the rental dwelling at 5500 Bryant Avenue North is hereby denied and that it
shall be unlawful for Mr. Zwirn, or his duly authorized agent, to permit any new
occupancies of vacant or hereafter vacated rental units until such time as a valid
operating license may be restored by the City Council of the City of Brooklyn Center.
RESOLUTION NO.
Date Mayor
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 9th day
of October , 19 89 , at 7:30 p.m. at City Hall, 6301
Shingle Creek Parkway, to consider an amendment to Chapter 11 of the city
ordinances.
Auxiliary aids for handicapped persons are available upon request at least 96
hours in advance. Please notify the personnel coordinator at 561 -5440 to make
arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN
CENTER ORDINANCES.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN'TER DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn
Center is hereby amended in the following manner:
Delete the line: [(For the purposes of this ordinance, people born on or
before 9/1/67 are considered 21 years of age.)] as it appears in the following
sections:
Section 11 -107, subd 1; Section 11 -109, subd 3; Section 11 -112, subds 1,
2, 3, 4, 5, 6 and 8; Section 11 -204, subd 3; Section 11 -508, subd 1; Section 11-
510, subd 7; Section 11 -512, subds 2, 3, 4, 5, and 6; Section 11 -609, subd 1;
Section 11 -611, subd 7; Section 11 -613, subds 1, 2, 3, 4, and 5; Section 11 -709,
subd 1; Section 11 -711, subd 7; and Section 11 -713, subds 1, 2, 3, 4, and 5.
Section 11 -511. HOURS OF OPERATION.
2. Organizations who hold "on -sale club" licenses may obtain a special
license to serve intoxicating liquor between the hours of 10 a.m.
[and 12 midnight] on Sundays and 1 a.m. on Mondays in
conjunction with the serving of food. They must show proof to the
chief of police that food will be sold and that a minimum of 30
persons may be served at any one time.
•
•
•
ORDINANCE NO.
Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall
be sold nor consumed nor permitted to be consumed within the licensed
premises after 1 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating
liquor shall be sold nor consumed nor permitted to be consumed within a
licensed premise between the hours of 1 a.m. and 8 a.m. on any weekday. No
"on- sale" shall be made after 8 p.m. on December 24.
On Sundays, wine may be sold without a special license under the
authority of an "on -sale wine' license between the hours of 10 a.m. Sunday and
[12 midnight] 1 a.m. Monday in conjunction with the serving of food.
Section 11 -701. DEFINITION OF 'PERMS.
10. The term "restaurant" means any establishment under the control
of a single proprietor or manager, having appropriate facilities to
serve meals and for seating not less than 150 guests at one time,
and where in consideration of payment therefor, meals are
regularly served at tables to the general public, and which employs
an adequate staff to provide the usual and suitable service to its
guests, and a significant part of the business of which is the serving
of foods for consumption on the premises.
11. The term "premises" as used in this ordinance, shall mean the
inside of the building or the leased space inside a building as
shown on the plan submitted to the chief of police with the original
license. Outside areas, such as patios or parking lots, shall not be
included unless specifically listed on the license or special
permission in writing is obtained pursuant to Section 11 -702,
paragraph 3h for a limited period of time under certain conditions.
Section 11-702. LICENSE REQUIRED.
2. "On -sale liquor" licenses shall be issued only to restaurants which
are conducted in such a manner that a significant part of the
revenue for a license year is the sale of foods for consumption on
the premises, and to hotels conducted in such a manner that, of
that part of the total revenue derived from the serving of goods
and intoxicating liquors, a significant part thereof for the license
year is derived from the serving of foods for consumption on the,
premises. The term "significant part" is defined under each license
class.
• 3. The following are the types of "on -sale liquor" licenses which can
be issued under this section.
•
•
ORDINANCE NO.
a. On -Sale Class A Liquor Licenses: 80 percent or more of the
applicable revenue derived from the serving of foods for
consumption on the premises; Class A licenses are available
to all hotels and restaurants.
b. On -Sale Class B Liquor Licenses: 50 percent through 79
percent of the applicable revenue derived from the serving
of foods for consumption on the premises; Class B licenses
are available to all hotels and restaurants.
c. On -Sale Class C Liquor licenses: 40 percent through 49
percent of the applicable revenue derived from the serving
of foods for consumption on the premises: Class C licenses
are available only to hotels and to restaurants which derive
a considerable part of their revenue from sources other than
liquor and food.
h. Special Provision: expansion of premises for special events:
Special permission may be granted either by the City Council .
or in writing signed by both the chief of police and the
director of v Dia nning ' and inspection for a temporary
expansion of the licensed premises for wedding receptions.
Parties. promotional activities or other special events. Special
permits may be issued only for specified areas of the same .
lot. piece or parcel of land on which the premises lies or a
contiguous lot. piece or parcel of land. Application shall be
made to the chief of police on a form provided by the City
and all information requested by the chief of police shall be
submitted therewith. Permits may be granted for a period
of no more than ten days. and permits may not be granted .
for a total of more than forty days in any one license year.,
In acting on an application. consideration shall be given to
such factors as noise. nature of entertainment to be provided,
potential difficulties with law enforcement or security,
proximity of residential or other sensitive land uses. effect on
parking or other zoning or land use controls. and the nature
of the event proposed. The permit may specify conditions
with which the licensee must comply. and the sale of liquor
ORDINANCE NO.
pursuant to the permit shall he deemed a consent and
agreement to the imposition of such conditions. Violations
of any such conditions or any other provisions of law are
grounds for suspension or revocation of the permit and of the
licensee's liquor license. Permits issued pursuant to this
Paragraph may he suspended without prior notice by the
chief of police upon determination that such suspension is
necessary or expedient to protect the public health. safety or
welfare.
Section 11 -705. RENEWAL APPLICATIONS. Applications for renewal
of an existing license shall be made at least 60 days prior to the date of
expiration of the license. If, in the judgment of the city council, good and
sufficient cause is shown by an applicant for his failure to file for a renewal
within the time provided, the city council may, if the other provisions of this
ordinance are complied with, grant the application.
At the earliest practicable time after application is made for a renewal
of an "on -sale liquor" license, and in any event prior to the time that the
application is considered by the city council, the applicant shall file with the
chief of police a statement prepared by a certified public accountant that shows
the total gross sales, the total food sales for consumption on the premises. and
the total food sales of the restaurant for the twelve month period immediately
preceding the date for filing renewal applications. A foreign corporation shall
file a current Certificate of Authority.
Section 11 -711. CONDITIONS OF LICENSE.
16. A licensed restaurant shall be conducted in such a manner that a
significant part of the business for a license year is the serving of
foods for consumption on the premises.
Section 11 -718. PRQHIBTIED ACTIVITIES.
Subdivision 1. Prohibition.. It is unlawful for any licensee. owner or
manager of any establishment licensed under Sections 11 -701 through 11 -718
of this Code to cause_ commit permit or allow in the licensed premises any of
the activities listed in this Section or any similar activities or to sell liquor in
any premises from which any such activities may be viewed or heard.
Subdivision 2. Prohibited Activities Activities referred to in Subdivision
1 of this Section include the following:,
•
ORDINANCE NO.
Al I EST:
a. Nudity. sadomasochistic abuse or sexual conduct as those terms are
defined in Section 19 -1700 of this Code, either actual or simulated.
b. Mud wrestling. wet T -shirt contests, lingerie shows or displays. or
strip -tease dancing.,
e. The display of any of the foregoing by any means including. but not
limited to. books, printed material, magazines. movies. Pictures.
videos. plays. exhibitions recordings, closed circuit television.
productions. or any other device or contrivance in any way which
is capable of being used or adapted to arouse interest. or to affect
the human senses, whether through the medium of reading,
observation. sound or any other means.
Subdivision 3. Penalty. Violation of this Section is grounds for
revocation of any license issued under Sections 11 -701 through 11 -718 of this.
Code.
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of
Clerk
Mayor
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be deleted.)
•
CITY OF BROOKLYN CENTER Council Meeting Date 10 -9 - 89
Agenda Item Number 10
REQUEST FOR COUNCIL CONSIDERATION
• ***********************,*********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
Consideration of the Rental Dwelling License for 6525, 6527, 6529 North Willow Lane
DEPARTMENT - - 'OVAL:
1 0
Signature - title Director of Planning and 2 specti on
*************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * fri * * * *1 * **
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report X\ V, Comments below /attached .
* * * * * * * * * * * * * * ** * * * * * * * * * * * *
** * **** * * * ** *** * *** * ****** * ***** * ** * *** ** ******* *** ** *** * *** * * * * *** * * *********** **ir k* * **
SUMMARY EXPLANATION: (supplemental sheets attached x
On October 10, 1988, the City Council gave special consideration to the renewal of
the rental dwelling license for Mr. Irwin Ketroser to operate the rental dwellings
at 6525, 6527, 6529 North Willow Lane. A notice had been sent to him on September
23, 1988 (attached) indicating that a recommendation to deny the renewal of the
rental dwelling license, which had expired on July 31, 1988 would be made. The
basis for this recommendation was that the overall maintenance at the complex had
been lacking for some time; that the complex was failing to meet the minimum housing
quality standards of the rent assistance program; that the complex was not being
maintained in accordance with the minimum standards of the Housing Maintenance and
Occupancy Ordinance and that corrections relating to compliance orders issued by
the City had been sporadic and slow.
Attached is a copy of a Housing Maintenance Compliance Order dated September 20,
1988 indicating the nature of the maintenance problems being encountered at that
complex at that time.
Mr. Ketroser contacted me immediately after receipt of the notice and explained that
he had some personal problems over the past year which diverted his proper attention
from the maintenance and operation of the complex. He stated that he realized he
had problems with the complex and that he intended to address them immediately. He
also noted that he had retained an individual who was capable of making the necessary
repairs and that he would authorize that these maintenance items be done. I also
met with Mr. Ketroser on October 4, 1988 to discuss a course of action to correct the
maintenance problems at the complex. He assured me, both verbally and in writing
(See copy of his October 4, 1988 letter) that these matters would be corrected. He
requested that I make a favorable recommendation to the City Council and noted that
it was acceptable to him if the City Council approved the license that it could be
reviewed again within one year, rather than the normal two year period.
Based on the assurances given, I submitted a report to the City Council on October
10, 1988 (copy attached) noting the problems and recommending the approval of the
license renewal upon the condition that the property be reinspected within one year
and a report be given to the City Council on the status of the property. The Council
accepted the recommendation and reinstated the license. Mr. Ketroser was not
required to appear before the City Council at that time.
•
•
The Housing Inspector and I met Mr. Ketroser, at his request, again on the site on
Monday, October 2, 1989. He was very concerned that I would not recommend approval
of the renewal of his rental dwelling license. He had received a copy of a notice of
City Council consideration dated September 29, 1989 (copy attached) indicating that
such a recommendation was forthcoming. It should be noted that I also personally
gave Mr. Ketroser a copy of the September 29, 1989 notice that same morning. He
introduced two gentlemen he had retained to assist him with the maintenance of this
complex. He also noted that he had just recently made a police report regarding an
apartment which had been trashed by a tenant. He estimated about $3,000 to $4,000
damage had been done. He also noted that the person who trashed the apartment had
once been a reliable and good caretaker for him. He added that this person had
experienced some recent personal problems and had kind of went off the deep end. He
alleged that the person also had taken some rent money and had charged Ketroser's
account for expensive tools which he allegedly absconded with. Mr. Ketroser
pointed this out as an example of the problems he has been experiencing with tenants
as well as caretakers and workers and why maintenance of the complex was so difficult
for him.
We walked the property again, noting that the lawn care was still substandard;
pathways (bare of grass) were worn between walkways and in other areas; dead and
partially dead Russian Olive trees were on the south property line; a landscaped
area still was overgrown with vines and dead wood; trees were growing up by the
garage foundations; there had been no maintenance at all north of the parking lot in
the location of an overflowed dumpster with raw garbage laying on the ground. We
also discovered where the contractor who had repaired and sealcoated the parking lot
had dumped the sweepings, this also being north of the parking lot in an overgrown
area. The landscaping and outside maintenance had not improved at all since my July
14 visit, nor since September of 1988.
Mr. Ketroser also stated that he intended to repair handrails; that he would repair
the lights that were out in all of the stairway areas; that he planned to replace all
of the stairway carpeting within the next few weeks and would at least make the
stairway safe until that was accomplished. It should be noted that fire doors, at
least on one laundry room, still needed to be repaired; and that tile was still
missing in laundry room areas and other common areas as well. Essentially all of
the things listed on the Housing Inspector's September 28, 1989 report still needed
to be accomplished. Mr. Ketroser was furnished with a copy of the inspector's
report.
Ketroser said he would correct as many of these things as he could and take care of
most of the outside maintenance items within the week.
Based on my review of the situation at this time, I must conclude that the complex is
not being maintained consistent with the minimum standards contained in the Housing
Maintenance and Occupancy Ordinance, that Mr. Ketroser has not lived up to his
agreement to correct the problems existing in September, 1988 and has not maintained
the complex consistent with the minimum standards of the ordinance. I, therefore,
do not recommend approval of the renewal of the rental dwelling license for this
complex at this time.
Mr. Ketroser contacted me on Thursday, October 5, 1989 saying that he had completed
much of the outside maintenance work and other things discussed on October 2, 1989
and that he would like a favorable recommendation to the City Council.
Obviously, it was believed Mr. Ketroser would improve the property and bring it into
compliance within that one year time period. Certain things, such as the outside
lawn and yard maintenance, the repair of the parking lot and window frame
maintenance and repair, would not be undertaken until the following spring. Mr.
Ketroser was going to devote his effort to the inside problems first. Some progress
was made and an apartment unit which had been posted unfit for human habitation was
repaired and reoccupied. The inspectors even approved a few Section 8 rent
assistance grant inspections. However, by the first of the year the maintenance
level began to drop off and Section 8 inspections were being failed. No concerted
effort regarding the exterior maintenance items was being put forth either by the
spring of 1989.
On June 30, 1989 the Housing Inspector sent Mr. Ketroser the attached housing
maintenance compliance order. On July 14, 1989, at Mr. Ketroser's request, I met
him, along with the Housing Inspector, at the property to review the situation. The
outside maintenance at that time was totally lacking. The lawn had not been
recently cut; weeds were obviously overtaking the grass; shrubs were overgrown;
there were dead trees and shrubs throughout the property; volunteer trees were
growing up between the blacktop and the garage foundations; windows and screens
needed repair, the parking lot had potholes; the garbage dumpster was overflowing
and the area north of the complex was overgrown and unkept. At that time we
discussed the possibility that a path worn between the entrance sidewalks to the
buildings be cemented to create a walkway which would correct the problem he was
having in trying to grow grass there. He seemed receptive to that idea. I also
expressed my total displeasure at how the exterior was being maintained and informed
Mr. Ketroser that I did not believe he was living up to his agreement to better
maintain the property and that if his one year extension were up at this time, I
certainly could not recommend renewal of the license. He assured me he would
correct all of these deficiencies.
The Housing Inspector had additional contacts with the complex during the next three
weeks and informed me of the lack of progress. On August 10, 1989, Mr. Ketroser sent
a letter to the Housing Inspector (copy attached) indicating that he had hired
various people to perform certain work at the complex which included repairing and
replacing, where necessary, windows and screens. Painting windows around the
laundry rooms and doorways. The parking lot was going to be repaired and sealcoated
and he had hired someone to examine the yard and to make recommendations to improve
its appearance.
The Housing Inspector conducted an inspection on September 27, 1989. A copy of his
report dated September 28, 1989 is attached indicating the Housing Maintenance and
Occupancy Ordinance violations that he had observed at that time. It should be
especially noted that a number of the same types of violations appear on the
September 28, 1989 report as appear on the September 20, 1988 housing maintenance
compliance order such as: torn carpeting on steps and landings; missing or
inoperable lights in stairway and common areas (noted as a serious hazard on a
September 20, 1988 order); missing or improper stairway handrails; missing floor
tiles; poor landscape maintenance including bare spots and weeds, trees growing up
around garage foundations (volunteer trees); dead trees, trash around dumpsters;
torn patio screens and improper exterior storage of carpet and tires, etc.
In fairness to Mr. Ketroser, the inspector did report to me that Ketroser had
repaired or replaced and repainted the windows required; had repaired and
sealcoated the parking lot; and was in the process of repairing the torn patio door
screens.
•
I told him I would try to review the property on Monday, October 9, 1989 to verify
this, but unless everything has been totally and satisfactorily completed,
including outside improvements, tiling, carpeting, handrails, etc. that I did not
believe approval of the license renewal would be granted.
The fact remains that most of the violations that exist today, existed twelve months
ago. If there is improvement to the exterior yard area, it has only come within the
past week. Maintenance over the last 52 weeks has not been consistent. Granted,
Mr. Ketroser has had problems retaining reliable maintenance workers and some of his
tenants have caused him maintenance problems, but these are areas under his sole
control and he must ultimately be held responsible for the status of the property.
I believe adequate time has been given and that a significant improvement should
have been accomplished. This has not been done and there are still outstanding
maintenance ordinance violations.
•
September 23, 1988
CITY
B ROO k LYN
CENTER
Irwin Ketroser
700 Midland Bank Building
Minneapolis, MN 55401
Re: Notice of City Council Consideration to Deny the Renewal of the Rental
Dwelling License for 6525, 6527, 6529 North Willow Lane
Dear Mr. Ketroser:
Under separate cover you have been sent a Housing Maintenance Compliance Order
relating to a number of maintenance items and ordinance violations that the Building
Official and Building Inspector noted during the required inspection of the
property you own at 6525, 6527, and 6529 North Willow Lane in Brooklyn Center.
Compliance with that order shall be in accordance with the dates outlined.
The inspection noted was performed for the renewal of your rental dwelling license
for the above mentioned property on September 9, 1988. Your rental dwelling
license expired on July 31, 1988 and you have been operating without a rental
dwelling license since that time. The reason for the delay in considering the
renewal of the license was your failure to apply for the license and to pay the
required license .fee in accordance with the time limit provided for in City
Ordinances.
I have had the opportunity to discuss with the Building Official and the Building
Inspector the above noted compliance order and the maintenance of the buildings and
grounds in regard to the City's Housing Maintenance and Occupancy Ordinance. They
have conveyed to me a number of concerns such as those matters listed in the
compliance order and the fact that the overall maintenance at the complex has been
lacking for some time. It seems that recent inspections for the Section 8 Rent
Assistance Program at your complex have led to the inspectors notifying program
representatives that your complex and /or particular units in your complex have
failed to meet the minimum housing quality standards of that program.
Correction of these housing quality standard deficiencies and corrections relating
to compliance orders issued by the City have been sporadic and slow. The Building
Official recently had to post a unit as being "Unfit for Human Habitation" pending
repair of certain health and safety matters.
=Ow
m. ,
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
EMERGENCY - POLICE - FIRE
911
•
Irwin Ketroser
Page 2
September 23, 1988
Section 23 -003 of' the City Ordinances (attached) requires me to review rental
license applications, including applications for renewals, and to assure to the
City Council that all ordinance requirements have been complied with and to
recommend approval or disapproval of the license. Furthermore, Section 12 -905 of
the City Ordinances (attached) states that "no operating license shall be issued or
renewed unless the rental dwelling and its premises conform to the ordinances of
Brooklyn Center and the laws of the State of Minnesota."
Obviously, as evidenced by the compliance order and the concerns expressed by the
Building Official and the Building Inspector regarding the questionable
maintenance being performed at the complex, a very serious question is raised as to
whether or not I should recommend approval of your rental dwelling license without
some assurance and commitment on your part that you are willing and able to maintain
the apartment complex consistent with the City's Housing Maintenance and Occupancy
Ordinance. Absent such a commitment, I will be compelled to recommend denial of' the
renewal of your rental dwelling license and seek the suspension thereof.
In that regard please be advised, and let this serve as notice to you that I intend to
recommend disapproval of your application for a rental dwelling license to operate
the rental dwellings at 6525, 6527, and 6529 North Willow Lane and that this matter
will be before the City Council for their consideration on Monday, October 10, 1988
at 7:00 p.m. , or as soon thereafter as the City Council's agenda will permit. The
Council will hear this matter in the City Council's Chambers located at 6301 Shingle
Creek Parkway.
You have the right to appear
g ppear before the Council in support of your application. The
decision to confirm or deny your rental license renewal lies with the City Council.
Please be further advised that if the Council suspends your rental dwelling license
that it shall be unlawful for you, or your duly authorized agent, to thereafter
permit any new occupancies of vacant or thereafter vacated rental units until such
time as a valid operating license may be restored by the City Council.
If you have any questions or comments regarding the above, or care to discuss this
matter prior to the City Council's consideration, please contact me.
Sincerely,
J'";;;L.,__1(1D (I? .
Ronald A. Warren �V
Director of Planning and Inspection
RAW:mil
Enclosures
■
cc: Gerald G. Splinter City Manager
Charlie LeFevere, City Attorney
Clayton Larson, Building Official
Section 12 -904. RESIDENT AGENT REQUIRED. No operating license shall be
issued or renewed for a nonresident owner of rental dwelling units (one who does not
reside in any of' the following Minnesota counties: Hennepin, Ramsey, Anoka,
Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the
Compliance Official the name of his resident agent (one who does reside in any of' the
following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or
Washington) who is responsible for maintenance and upkeep and who is legally
constituted and empowered to receive service of notice of violation of the
provisions of the City Ordinances, to receive orders and to institute remedial
action to effect such orders and to accept all service or process pursuant to law.
The Compliance Official shall be notified in writing of any change of resident
agent.
Section 12 -905. CONFORMANCE TO LAWS. No operating license shall be
issued or renewed unless the rental dwelling and its premises conform to the
ordinances of r'?rooklyn Center and the laws of the State of Minnesota.
Section i2 -905. IENSPECTION CONDITION. No operating license shall be
issued or renewed unless the owner of rental units agrees in his application to
permit inspections pursuant to Section 12 -1001.
Section 12 -907. POSTING OF LICENSE. Every licensee of a multiple
dwelling shall cause to be conspicuously posted in the main entry way or other
conspicuous location therein the current license for the respective multiple
dwelling.
Section 12 -903. LICENSE NOT TRANSFERABLE. No operating license shall be
transferable to another person or to another rental dwelling. Every person holding
an operating license shall give notice in writing to the Compliance Official within
five business days after having legally transferred or otherwise disposed of the
legal control of any licensed rental dwelling. Such notice shall include the name
and address of the person succeeding to the ownership or control of such rental
dwelling or dwellings.
Section 12 -909. OCCUPANCY REGISTER REQUIRED. Every owner of a licensed
rental dwelling containing three or more dwelling units shall keep, or cause to be
kept, a current register of occupancy for each dwelling unit which provides the
following information:
1. Dwelling unit address;
2. Number of bedrooms in dwelling unit;
3. Names of adult occupants and number of adults and children (under 18
years of age) currently occupying the dwelling units;
4. Dates renters occupied and vacated dwelling units;
5. A chronological list of complaints and requests for repair by dwelling
unit occupants, which complaints and requests are related to the
provisions of this ordinance; and
6. A similar chronological list of all corrections made in response to
such requests and complaints.
•
CHAPTER 23 - GENERAL LICENSING REGULATIONS
Section 23 -001. APPLICABILITY. The provisions of these sections shall
apply to the application for any issuance and revocation of licenses in the City
except as may otherwise be specifically provided in the ordinances pertaining to
particular licenses.
Section 23 -002. APPLICATION FOR LICENSES. Application for licenses shall
be made in writing to the Clerk for presentation to the Council. Such
applications shall specify the following:
a. Name and residence of the applicant(s) and if a corporation, the
registered office thereof.
b. The name and address of the location or place of business or activity
for which the license is requested, or in the case of occupational
licenses, the location from which the applicant operates.
c. Such additional information or documents as the ordinance or
administrative regulations may require from the applicant.
Section 23-003. REVIEW PRIOR TO COUNCIL ACTIONS. Prior to submitting the
application to the Council for approval, the Clerk shall submit the application
to the appropriate municipal officer for review and comment. Said official
shall issue that all ordinance requirements have been complied with, and shall
furnish the Council with such additional information as may be deemed
appropriate or as requested. In addition, the officer shall recommend approval
or disapproval of the application, and shall when recommending disapproval,
furnish the Council in writing his reasons therefor.
l4'v Section 23 -004. NOTICE TO APPLICANT. In the event disapproval of an
application is recommended or in the event the Council disapproves or materially
qualifies the license, the Clerk shall notify the applicant of:
a. The nature of the recommendation or action.
b. The time and place at which the Council will next consider application.
c The applicant's right to appear before the Council in support of the
application.
Section 23 -005. COUNCIL ACTION. The application shall be submitted to the
Council for consideration within a reasonable period following submission to the
Clerk.
I- Section 23 -006. SUSPENSION: REVOCATION. The Council may suspend or
revoke any license issued pursuant to the ordinances if the Council finds that
any of the following ever occur; provided, however, that the licensee shall be
given notice of the proposed revocation or suspension and be provided an
opportunity to appear before the Council and be heard:
1. That the licensee has knowingly made false statements in or regarding
his application.
•
DATE: September 20, 1988
ITY OF BROOKLYN CENTER, MN 55430 -2199
Department of Planning and Inspection
(612) 561 -5440
HOUSING MAINTENANCE COMPLIANCE ORDER
TO: Irwin Ketroser cc: Denise Kelsey
700 Midland Bank Bldg. 6529 Willow Lane
Mpls., MN 55401 Brooklyn Center, MN 55430
LOCATION: 6525, 6527, 6529 North Willow Lane
COMPLIANCE OFFICIAL: Clayton Larson /Evelyn Nygaard
The following violations of the Housing Maintenance and Occupancy Ordinance were
cited during a recent inspection of the above premises. You are hereby informed
that these violations must be corrected on or before the COMPLIANCE DATE indicated.
Failure to correct or to make satisfactory arrangements to correct violations may
result in suspension or revocation of a rental dwelling license, if applicable,
and, in any case, may result in issuance of a citation which, upon conviction, is
punishable by fine and /or imprisonment.
Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged
that a Compliance Order is based upon erroneous interpretation of this Ordinance.
The Appeal must be submitted to the Inspection Department, in writing, specifying
the grounds for Appeal, within five (5) business days after service of the order,
and must be accompanied by a filing fee of $15.00 in cash or cashier's check.
DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION
6525, 6527, 6529 North Willow Lane
BOILER ROOM
COMPLIANCE DATE NOVEMBER 18, 1988
Remove improper wiring and install wall recepticle for water softener.
Replace missing cleanout plug in floor drain.
Repair broken louvers in door.
Install screen behind louvers to keep out rodents and other pests.
Clean entire boiler room.
GENERAL (Common Public Areas)
COMPLIANCE DATE IMMEDIATE
Lights were out in several stairways. THIS IS A SERIOUS HAZARD!
COMPLIANCE DATE OCTOBER 18, 1988
Remove or replace torn carpet on all interior stairs.
COMPLIANCE DATE NOVEMBER 18, 1988
Replace all rotted wooden drip caps over windows in all buildings including but
not limited to units 4103, 4104, 4105, 4106, 4203, 4204, 4205, etc.
Repair floors of landings, exterior stairways (all but south most stairway).
Repair tile floors of landings (all interior stairways).
P/I Form H -4
page 1 of 3
COMPLIANCE DATE:
AS NOTED BELOW
FIRST NOTICE xx SECOND NOTICE
THIRD NOTICE FINAL NOTICE
•
•
GENERAL (Exterior)
COMPLIANCE DATE OCTOBER 18, 1988
Repair missing stucco /broken trim by several doors. Cover exposed sheathing,
make exterior envelope weather tight.
COMPLIANCE DATE NOVEMBER 18, 1988
Repair deteriorated tarmac, especially in driveway entrances.
Remove /replace fence.
Scrape and paint window and door trim.
Repair all rotted and broken window frames.
LANDSCAPE
Landscape is in poor condition:
COMPLIANCE DATE IMMEDIATE
Remove volunteer trees that have grown up next to the apartment and garage foundations.
(These trees threaten the structual integrity).
COMPLIANCE DATE NOVEMBER 18, 1988
Plantings are overgrown with vines and weeds,
Shrubs and trees need triming,
Grass cover totally lacking in areas,
Lawn and overgrown weeds must be trimmed on the premises and the lot next door.
SANITATION (Trash & Garbage)
COMPLIANCE DATE IMMEDIATE
Trash and garbage are scattered around site. Dumpster conditions are very bad,
frequently overflowing. Larger dumpster /frequent pickup must be provided.
BALCONYS /PATIOS
COMPLIANCE DATE NOVEMBER 18, 1988
Contact tenants to remove storage items from balconys /patios. Permitted items
are exterior design furniture. Any thing else is prohibited.
Check all units for loose guardrails and make secure (some have screws missing).
page 2 of 3
•
•
•
6525 NORTH WILLOW LANE
COMPLIANCE DATE OCTOBER 31, 1988
Unit #101 replace /repair hazardous carpet throughout the unit,
Cover exposed carpet tack boards,
Replace missing and damaged kitchen floor tiles,
Replace missing ceramic tiles in bath,
Repair flaking ceiling and walls in bath.
This is the second notice. Repairs must be made by October 30, 1988.
COMPLIANCE DATE NOVEMBER 18, 1988
Units #201 and #202 repair carpet, clean and deoderize.
Unit #202 replace /repair unsafe light fixture in bath.
Repair entrance door. frame.
6527 NORTH WILLOW LANE
COMPLIANCE DATE NOVEMBER 18, 1988
Paint entrance soffits.
Provide grabable handrail mounted between 30 " -34" height at stairway beyond 1st
landing.
6529 NORTH WILLOW LANE
COMPLIANCE DATE IMMEDIATE OR CITATION WILL BE ISSUED
Unit #106 entire apartment in UNLIVEABLE CONDITION
Posted by HEALTH DEPARTMENT & BUILDING DEPARTMENT. MUST BE CLEANED UP IMMEDIATELY!
Remove miscellaneous furniture out in front of apartment.
Secure immediately, doors and windows preventing access to unit. (Animals and
children have been seen in the unitl.
COMPLIANCE DATE OCTOBER 31, 1988
Unit #206 replace loose, dirty and worn carpet.
Replace missing floor tile in kitchen,
Ceramic tile in bath is loose and broken, tub surround needs regrout /caulk.
Repair ceiling and walls.
Repair window & door screens.
Provide outlet cover.
NOTE: The Director of Planning and Inspection is seriously considering recommending
to the City Council that your rental dwelling license, which expired on July 31,
1988, not be renewed because of poor maintenance of the property and a lack of
compliance with City Ordinances.
page 3 of 3
•
IK /pa
October 4, 1988
Dear Mr. Warren:
LAW OFFICES
IRWIN KETROSER
700 MIDLAND BANK BUILDING
MINNEAPOLIS, MINNESOTA 55401
(612)335 -6571
Mr. Ronald A. Warren
Director of Planning and Inspection
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Re: 6525 - 6527 -6529 North Willow Lane
This will acknowledge that my contractor and I met today with
you, Evelyn Nygaard and Clayton Larson to discuss certain
communications I have recently received from your office concerning
the above property.
I pointed out to you that I have had a problem with my
caretakers as well as maintenance people. I stated to you that I am
quite anxious that the building be maintained in good condition. In
our meeting we reviewed the matters that you called to my attention
that need improvement and I pointed out to you that my contractor is
already in the process of making the repairs and improvements. We
will continue along this course until the various items that need
attention are completed.
I would appreciate if you could make a favorable recommendation
to the city council concerning my pending license and ask that they
give my application favorable consideration. It would be acceptable
to me if the council would approve my license application at this
time on condition that the matter be again reviewed in one year.
Thank you for your consideration to date.
Sincerely,
IRWIN KETROSER
CITY OF BROOKLYN CENTER Council Meeting Cate 10 -10 -88
Agenda Item Number A6
REQUEST FOR COUNCIL CONSIDERATION
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
Special Consideration of Rental Dwelling License for 6525, 6527 and 6529 North
Willow Lane
******************************************* lr*************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APP
Signature - title Director of Planning and Inspectio
**************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * ** * *
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report
* * * * * * * * * * * * * * * * * * * **
Comments below /attached
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached X
On September 23, 1988 I sent a certified letter (attached) to Mr. Irwin Ketroser, the
owner of the apartment complex addressed as 6525, 6527 and 6529 North Willow Lane
notifying him of my intention to recommend to the City Council that the renewal of
his rental dwelling license be denied. The notice stated the basis for the
recommendation and informed Mr. Ketroser of his right to appear before the City
Council in support of his application.
The reason for the letter and the intended recommendation for denial was the reports
I had received from the Building Official and Building Inspector and a complaint
from a neighboring property owner about the lack of maintenance at the complex; a
three -page compliance order dated September 20, 1988 indicating a number of
violations at the complex based on a September 9, 1988 inspection of the property
including the fact that a unit had been posted as "Unfit for Human Habitation;"
reports from the inspectors that some of the units and the common areas have failed
to meet the minimum housing quality standards for the Section 8 Rent Assistance
Program; and that compliance with correction orders had become sporadic and slow.
(See attached copy of the compliance order and also, a memorandum from the Building
Official)
Mr. Ketroser was informed that .absent a commitment on his part and a concerted effort
to better maintain the complex, that a recommendation to deny the renewal of the
license would be made.
Mr. Ketroser contacted me immediately upon receipt of the letter and explained that
he has had some personal problems over the past year which have diverted his proper
attention from the maintenance and operation of the complex. He said he realized
that he had some problems there and that he intended to address them immediately.
He informed me that he had retained an individual that was capable of making the
necessary repairs and that he would authorize the payments for necessary
maintenance items. He noted he would be meeting with his maintenance person on the
property to discuss those matters and then he wanted to meet with me and the Building
Official to assure us that these matters would be properly taken care of. Ketroser
•
Summary Explanation continued
noted that he had owned this complex for some time and that he has never had any major
maintenance problems that were not addressed (Note: It is true that overall
maintenance at the complex since the adoption of the Housing and Maintenance and
Occupancy Ordinance and the licensing provisions in 1975, has been acceptable and
that the problems we have been experiencing have been within the past year or so).
The Building Official, the Building Inspector and myself met with Mr. Ketroser and
his maintenance person on Tuesday, October 1 4, 1988 to discuss a schedule for
repairs. Mr. Ketroser has also submitted a letter dated October 1 4, 1988 (attached)
in which he noted that they are in the process of making repairs and improvements and
that he will continue to do so until the various items are completed. He also
requested, based on this commitment, a favorable recommendation to the City Council
regarding the renewal of his rental dwelling license. He would also agree to a
review of the license within one year, rather than the two years provided for in the
ordinance.
RECOMMENDATION:
Based on the commitments made by the building owner and discussions I have had with
the Building Official, I would recommend that the City Council approve Mr.
Ketroser's rental dwelling license renewal to operate the rental dwelling at 6525,
6527, and 6529 North Willow Lane conditioned on the reinspection of the property
within one year of the date of' this renewal and a report to the City Council on the
status of the property at that time.
HOUSING MAINTENANCE COMPLIANCE ORDER
•
DATE: June 30, 1989
TO: Irwin Ketroser
Parkdale 4, Suite 110
5353 Gamble Drive
St. Louis Park, MN 55416
LOCATION: 6525 Willow Lane
COMPLIANCE OFFICIAL: David Fisher
THIRD NOTICE FINAL NOTICE
CITY OF BROOKLYN CENTER, MN 55430 -2199
Department of Planning and Inspection
(612) 561 -5440
COMPLIANCE DATE: July 31, 1989
FIRST NOTICE SECOND NOTICE
The following violations of the Housing Maintenance and Occupancy Ordinance were
cited during a recent inspection of the above premises. You are hereby informed
that these violations must be corrected on or before the CCMPLIANCE DATE indicated.
Failure to correct or to make satisfactory arrangements to correct violations may
result in suspension or revocation of a rental dwelling license, if applicable,
and, in any case, may result in issuance of a citation which, upon conviction, is
punishable by fine and /or imprisonment.
Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged
that a Compliance Order is based upon erroneous interpretation of this Ordinance.
The Appeal must be submitted to the Inspection Department, in writing, specifyin;
the grounds for Appeal, within five (5) business days after service of the order,
and must be accompanied by a filing fee of $15.00 in cash or cashier's check.
DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION
1. Replace broken window. (12 -703)
2. Spray for weed control. Provide seed or sod for bare spots on grounds. (12 -317)
3. Provide continuous maintainence for grounds. (12 -317)
4. Scrape and paint window frames, replace rotted wood as needed. (12 -703)
5. Trim trees rubbing on building. (12 -317)
6. Patch holes in parking lot and submit schedule to have the whole parking
lot resurfaced and stripped. (12 -316)
7. Keep all garbage in dumpster and not on ground or in general area of dumpster. (12-3C
8. Repair stucco on garage and apartment building as needed. (12 -702)
LAw OFFICES
IRWIN KETROSER
PARKDALE 4, SUITE 110
5353 GAMBLE DRIVE
ST. LOUIS PARK, MINNESOTA 55416
(612) 546 -1555
August 10, 1989
City of Brooklyn Center
Department of Planning and Inspection
Attention David Fisher
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Re: 6525 - 6527 - 6529 Willow Lane North
Dear Mr. Fisher:
This will confirm my telephone conversation with you today
wherein I advised you that we have hired various people to
perform certain work on the building at the above addresses.
First of all, we have hired Tom Peterson Construction Company to
perform the work of replacing all rotted wood on the windows in
the rear of the building and to scrape and repaint all of this
wood. In addition, he will replace all screens and will repair
and replace any mechanisms necessary to properly operate the
windows. In addition, he will repair all rotted wood and scrape
and paint the windows around the laundry rooms in the front of
the building and he will repaint all of the doorways in the
entry ways of the building. This company is in the process of
doing this work at the present time and they have been working
most of this week doing this work and I would estimate that in
approximately a week to ten days they should complete their
work. The only delay might be in obtaining certain items that
they have ordered to repair some of the mechanisms on the rear
windows. They have advised that it might take about 2 -3 weeks
to obtain these items. The phone number for Tom Peterson
Construction Company is 866 -0554 and any inquiries should be
directed to Tom Peterson.
•
City of Br000klyn Center
Page 2
August 10, 1989
I have hired St. Louis Park Blacktop Company to repair the
parking lot and to seal coat the parking lot. You may speak to
John at that company. He has indicated that they will start
their work within two weeks and I am sure it will not take more
than a few days to complete their work. Their telephone number
is 929 -5939.
I have hired Remer Sod and Landscaping Inc. to examine the yard
and trees and to make recommendations to improve the appearances
of these. Their telephone number is 869 -8954. Darryl Remer is
the party you should speak to if you wish to discuss the matter
with them.
I believe the above addresses your major concerns about the
building and we will continue to follow through to see that
these items are completed.
If you have any further questions about any of these items,
don't hesitate to contact me.
jh
Very truly yours,
IRWIN KETROSER
•
MEMORANDUM
To: Ron Warren, Director of Planning and Inspection
4 �
From: Dave Fisher, Housing Inspector �_
Date: September 28, 1989
Re: Irwin Ketroser's Property at 6525, 6527. 6529 North Willow Lane
On September 27, 1989 a follow up inspection was conducted ,at 6525, 6527,
6529 North Willow Lane. I observed as follows:
6525 North Willow Lane
1. Missing door closer. (12 -703)
2. Missing tile in locker room and laundry room. (12 -704)
3. No lights operating on second and third floors (common areas). (12 -301,
302)
6527 North Willow Lane
1. Missing handrails. (12 -406)
2. Missing tile in locker room and laundry room. (12 -704)
3. Door does not latch to laundry room. (12 -703)
4. No light operating on the third level (common area). (12 -301, 302)
5. Carpet torn on steps and landing, tripping hazard in common area.
(12 -301, 302, 704)
6529 North Willow Lane
1. Missing a fire extinguisher on 1st floor. (Fire Code)
2. Handrails are too low. (12 -406)
3. Missing door closer to laundry room. (12 -703)
4. Missing and loose tile in laundry room and locker room. (12 -704)
5. No operating light in locker room. (12 -301, 302)
6. No operating light on 3rd level common area. (12 -301, 302)
7. Door on locker room does not close and latch properly. (12 -703)
•
•
Exterior of 6525, 6527, 6529 North Willow Lane
The lawn still has bare spots and alot of weeds. (12 -317, 711)
2. There are still trees growing up around the foundation of the garage(s).
(12 -317, 702)
3. Dead trees on the site. (12 -317)
4. Stucco requires some repair at garage(s) and apartment building(s).
(12 -702, 707)
5. Some trash around dumpster area. (12 -304, 305, 306)
6. Some torn screens and 3 patio screens off and leaning up beside the
patio doors. (12 -307, 703)
7. Some exterior storage on or near patio(s) of carpet and tires. (12 -306)
•
•
September 29, 1989
CITY
OF
B ROOKLYN
C ENTER
Mr. Irwin Ketroser
Parkdale Four, Suite 110
5350 Gamble Drive
St. Louis Park, MN 55416
Dear Mr. Ketroser:
- .Pb 193.4 All *MIKA CITY
'1'
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
EMERGENCY - POLICE - FIRE
911
Re: Notice of City Council Consideration of the Rental Dwelling License for
6525, 6527, 6529 North Willow Lane
Please take notice that the City Council of the City of Brooklyn Center will consider
a recommendation regarding the rental dwelling license for 6525, 6527, and 6529
North Willow Lane on Monday evening, October 9, 1989 in the City Council Chambers at
the Brooklyn Center City Hall, 6301 Shingle Creek Parkway. The Council's
consideration of this matter will begin at approximately 7:45 p.m., or later,
depending upon their scheduled agenda for that evening.
As you are aware, the City Council on October 10, 1988 specifically reviewed the
rental dwelling license for the above mentioned property and granted an extension of
the license for one year, rather than two years, on the condition that the property
be reinspected within one year and a report made to the City Council on the status of
the property at that time. You are also aware that there were a number of
outstanding compliance orders for the property which you were to correct and have no
future violations of the Housing Maintenance and Occupancy Ordinance.
The information that I have to date indicates that the property at 6525, 27, and 29
North Willow Lane is not yet in compliance with the Housing Maintenance and
Occupancy Ordinance and I am strongly considering a recommendation to deny the
rental license for the property.
This notice is, therefore, being sent to you pursuant to Section 23 -004 and 23 -006 of
the City ordinances (copy attached) which requires notice town applicant in the
event disapproval of a license is recommended, or may be recommended.
Irwin Ketroser
Page 2
Septermber 29, 1989
Section 12 -905 of the City's Housing Maintenance and Occupancy Ordinance (copy
attached) relating to rental dwelling licenses states: "No operating license
shall be issued or renewed unless the rental dwelling and its premises conform to the
ordinances of the City of Brooklyn Center and the laws of the State of Minnesota."
It is because of this provision in the City ordinances that I am having difficulty
recommending approval of your license based on the maintenance performance to date.
You have the right to appear before the City Council in support of your application
and I would strongly encourage you to do so. The decision to confirm or deny your
rental dwelling license lies solely with the City Council.
Please be further advised that if the City Council does not renew the rental dwelling
license for this property, that it shall be unlawful for you, or your duly authorized
agent, to thereafter permit any new occupancies of vacant or thereafter vacated
rental units until such time as a valid operating license may be restored by the City
Council.
If you have any questions or comments regarding this notice or the City Council's
consideration of this matter, please contact me.
Sincerely,
Ronald A. Warren
Director of Planning and Inspection
RAW:mil
cc: Gerald G. Splinter, City Manager
Charles LeFevere, City Attorney
Sharon Knutson, License Clerk
Enclosures
•
Licenses to be approved by the City Council on October 9, 1989:
COMMERCIAL KENNEL
Children's Palace
FOOD ESTABLISHMENT
Metropolitan Yogurt, Inc.
d /b /a TCBY Yogurt
ITINERANT FOOD ESTABLISHMENT
Brooklyn Harmonettes
St. Alphonsus Catholic Church
MECHANICAL SYSTEMS
Equipment Supply Inc.
Key Metalcraft
TAXICAB
Suburban Taxi Corporation 9614 Humboldt Ave. S.
GENERAL APPROVAL: 2 r ! t /�/
D. K. Weeks, City Clerk
-44 5900 Shingle Creek Pkwy. /yZCuyt_
Sanitarian 40-L
6034 Shingle Creek Pkwy. �L�i72CUJ�C
Sanitarian
Sanitarian
6301 Shingle Creek Pkwy. 1/ ._02,41.4/1/c
7025 Halifax Ave. N.
4ie
593 N. Fairview Ave. n
8201 Pleasant Ave. S. (./ i /1L /t
Building Official 1 k
Q A
Chief of Police 0
•
•
s
DECLARING OCTOBER 15 -21. 1989. AS NATIONAL BUSINESS WOMEN'S WEEK
WHEREAS, working women constitute an ever increasing number of
the Nation's working force, and are constantly striving
to serve their communities, their sates, and their
nation in civic and cultural programs; and
WHEREAS, major goals of business and professional women are to
help create better conditions for business women
through the study of social, educational, economic, and
political problems; to help them be of greater service
to their community; to further friendship with women
throughout the world; and
WHEREAS, all of us are proud of their leadership in these many
fields of endeavor.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State
of Minnesota, do hereby proclaim the week of October 15 -21, 1989,
as NATIONAL BUSINESS WOMEN'S WEEK.
Seal
Attest:
Date Mayor
Clerk
PROCLAMATION
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1989 -29 FOR
CLEANOUT OF UNITY AVENUE CULVERT AND AUTHORIZING CITY MANAGER
TO EXECUTE CONTRACT FOR SAID IMPROVEMENT
WHEREAS, the Director of Public Works has advised the City Council that
sediment has accumulated in the 78 -inch culvert under Unity Avenue, located
approximately 1000 feet north of 69th Avenue, and in the channel downstream from
that culvert, to the extent that the capacity of that culvert is severely
restricted, creating a potential for liability from upstream flooding if the
culvert is not cleaned out; and
WHEREAS, the City's purchasing policy provides that two written
proposals be received for all contracts between $2,000 and $15,000 ... "when
possible "; and
WHEREAS, the Director of Public Works has advised the City Council that
the work required is specialty work which requires the use of special equipment
and methods and that he has not found it possible to obtain two proposals to
furnish the specialized equipment, methods and knowledge of the work required to
be done, and that the only such proposal which he has been able to obtain is one
submitted by Minnetonka Portable Dredging.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
ATTEST:
1. The following project is hereby established:
Improvement Project No. 1989 -29
CLEANOUT OF UNITY AVENUE CULVERT
2. The City Manager is hereby authorized to enter into contract with
Minnetonka Portable Dredging to complete the work required, based on
hourly rental rates, at a total cost not to exceed $15,000.
3. All costs for this project shall be charged to the Municipal State
Aid Street Fund, Account No. 2600.
Date Mayor
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
40 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.
P
October 9, 1989
Mr. Sy Knapp
Director of Public Works
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Cost estimates to clean an RCP culvert including ditch maintenance, and
to place rock rip rap along existing wood walls.
Dear Mr. Knapp:
This estimate is for equipment and labor to clean an RCP pipe and to excavate
a ditch by dragline. Also included is an estimate to place approximately 250
linear feet of red limestone rip rap along the existing wood walls.
The pipe will be cleaned with a dragbucket (supplied by the City) using two
cranes, one at each end of the pipe. The dragbucket will be pulled through
the pipe to remove sediment. The work will include the dragiine excavation
of the down qtr ;amditch to a maximum width of 10' and to a depth of 3' below
the existing geeaeline. The excavation limit will extend approximately 125'
downstream of the pipe outlet, or to the maximum reach of the crane casting
the dragbucket.
All spoil material will be loaded by the crane into trucks supplied by the
City. Spoil transport and final disposal are the responsibility of the City.
The excavation work will be completed hourly at a rate of $300 /hr. for two
cranes and operators and other laborers. The total estimated cost to complete
the excavation work including mobilization of equipment is $9600.00.
Additional work will include the placement of small and medium red limestone
rip rap along approximately 250 linear feet of existing wood timber retaining
wall adjacent to the ditch. The rock will be placed using 1 ton of rock per
foot of wall. The rock will be delivered using our trucks and placed with a
bucket along the walls to the maximum reach of the crane and boom. The City
may elect to hand carry and place additional rock beyond the crane reach.
The rock work will be completed at an hourly rate of $260 /hr. for a crane
and operator, two trucks and ground dump box and other laborers. The contractor
will receive direct reimbursement for the rock cost based upon actual weight
tickets. The total estimated cost to complete the rock work including
mobilization and materials is $6250.00.
Minnetonka Portable Dredging
500 West Lake Street
Excelsior, MN 55331
•
•
Mr. Sy Knapp
Director of Public Works
City of Brooklyn Center
Proposal, page 2.
This proposal acceptance will require the City to "Hold Harmless" the
Contractor from any damages or failure, or claims of damage to the existing
wood retaining walls, trees or vegetation in the work area.
The Contractor will take every precaution to protect the work site from
damage or spillage durring the project.
Any permits required from the City or other agencies or watershed district
are the responsibility of the City of Brooklyn Center.
CONTRACTOR:
MINNETONKA PORTABLE
DREDGING
William E. Nidcum
Its President
Date /o 'q'p Date
OWNER:
CITY OF BROOKLYN CENTER
Its: