Loading...
HomeMy WebLinkAbout1986 09-15 CCP Special Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SPECIAL SESSION SEPTEMBER 15, 1986 (following adjournment of the HRA meeting) 1. Call to Order 2. Roll Call 3. Resolution: a. Giving Final Approval to Earle Brown Commons Mortgage Revenue Bond 4. Approval of Specified Licenses: a. Amusement Device License - Plaza Investments b. On -Sale Intoxicating Liquor License for Ramada Inn 5. Reconvene Public Hearing on Annual City Budget 6. Adjournment MEMORANDUM TO: Gerald G. Splinter, Ci Ma P , y Hager � FROM: Brad Hoffman, HRA Coordinator g 1 ` � DATE: September 12, 1986 SUBJECT: Earle Brown Commons Issues Monday evening the Council /HRA will be asked to take two actions. First, the City Council will be asked to give final approval to the Earle Brown Commons Bond Issue; preliminary approval was given last December. Second, as the HRA, approval must be given to a subordination agreement to the Development Agreement with Earle Brown Commons. The agreement is subordinated to the mortgage (Bond). A subordination is standard rocedure ' in P any Y development financing package. e. g Earlier we (the staff ) raised the issue ue of the a it position � Y P of the Earle Brown Commons Partnership. Since that time, we have reviewed the matter with Bob Pulscher of Springsted. Our primary concerns were twofold. First, we needed assurance that the equity level of the Partnership was significant enough so as to be acceptable to an underwriter. As you know, Al Beisner and Miller & Schroeder disagreed on this point and Al went to a new underwriter. We needed to know that Al was not able to shop for an underwriter that would simply write the deal on his terms. Bob Pulscher's review indicates that while the Partnership's equity position in minimal(8.2 percent), the bonds themselves are protected by the development and the equity level does not pose a significant problem. Second, we wanted to be assured that the equity position of the general partners (Al Beisner and John Parsinen) was adequate to keep them from walking from the deal if problems should arise. The two are personally guaranteeing the bond or the deal in the amount of $3,000,000. That amount represents a personal financial commitment that we would not be able to secure from another developer. Overall, the equity level of the partnership (approximately $880,000) is not what one would consider vast, but it is adequate. At a personal level, their respective financial commitments are significant. Because Al is a known developer, we feel comfortable that the project will come together in a successful manner. At the time I am writing this memo, several issues remain open relative to the subordination agreement. I have yet to receive a response to concerns and issues raised about the subordination agreement. Several requests are "deal killers" or points from which I feel we cannot negotiate. We cannot waive the deed restriction on the Earl Brown office building. The preservation of those buildings is a primary reason for our involvement in the project and the deed restriction and contract represents our only -2- control over the future of the buildings. For the second phase of the development (residential), we hold a contract for deed on the property. The underwriter of Phase I wanted the right to review and approve any development on the Phase II property should we take over the property. It assumes that Phase II does not occur. At that of p nt, we cannot accept any restraints on its development outside of the zoning ordinances. Last, there is a provision in the contract that the HRA provides the developer with a letter or certificate of completion which fulfills the contract. They wanted the right to submit such to the architect to provide the same should the HRA refuse to provide the certificate for some insignificant reason. Other issues were also raised but were substantially handled in a meeting with their attorney on August 29th. I am assuming that these issues will be clarified by Monday evening and at that time, staff will request the HRA to approve the subordination agreement. You should note that the mortgage holder takes the property subject to the assessment agreement meaning they will pay at a minimum an agreed tax levy. I will be at the meeting Monday to update you on these issues. Member introduced the following resolution and moved its adoption: RESOLUTION N0. AUTHORIZING THE ISSUANCE OF THE CITY OF BROOKLYN CENTER, MINNESOTA MULTIFAMILY HOUSING DEVELOPMENT ENT REVENUE BONDS (EARLE BROWN COMMONS PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,800,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, A REGULATORY AGREEMENT AND RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE CONTRACT OF PURCHASE IN CONNECTION WITH THE BONDS; CONSENTING TO THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FORM OF FINAL OFFICIAL STATEMENT AND PROVIDING FOR THE SECURITIES, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS WHEREAS, the City of Brooklyn Center (the "City ") is a home rule charter city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes Chapters 462A and 462C, as amended (the "Acts "), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue' bonds to defray, in whole or in part, the development costs of a rental housing development, and by entering into any agreements made in connection therewith and pledging them as security for the payment of the principal of and interest on any such revenue bonds (the "Program "); and WHEREAS, to provide a means of financing the cost of a rental housing development that will provide decent, safe and sanitary housing for residents of the City at rents they can afford, and further (1) to provide for and promote the public health, safety, morals and welfare; (2) to provide for efficient and well - planned urban growth and development, including the elimination and prevention of potential urban blight, and the proper coordination of industrial facilities with public services, mass transportation and multifamily housing developments; and (3) to assist persons of low and moderate income in obtaining safe and sanitary housing at rents which they can afford, which constitute valid public purposes for the issuance of revenue bonds under the Acts, the City has developed a program with respect to (i) the issuance by the City of its Multifamily Housing Development Revenue Bonds (Earle Brown Commons Project) (the "Bonds ") in the maximum aggregate principal amount of $8,800,000 and (ii) the use of the Bond proceeds by the City to make a mortgage loan (the "Loan' , to Earle Brown Commons Limited Partnership, a Minnesota limited partnership (the "Owner ") in accordance with the provisions of the loan Agreement between the City and the Owner dated as of September 1, 1986 (the "Loan Agreement"); and WHEREAS, the City developed a Housing Plan pursuant to and in conformit with the Acts and y on September 20, 1982, held a public hearing thereon after one publication of notice in a newspaper circulating generally in the City on August 16, 1982, preliminarily approved the Housing Plan and forwarded the same to the Metropolitan Council for review and comment pursuant to the Acts; and RESOLUTION No. i WHEREAS, the City by the passage of Resolution No. 82 -189 adopted the Housing ousmg Plan on September 20, 1982; and WHEREAS, the Housing Plan was reviewed , by the Metropolitan Council, which reviewed the Housing Plan and forwarded its comments to the City, which comments were reviewed and discussed by the City; and WHEREAS, the Earle Brown Commons Project Program (the "Program ") is an individual component of the Housing Plan for which the Bonds were proposed; and WHEREAS, the City Council of the City adopted the Program as a part of the adoption of the Housing Plan, by the passage of a resolution on December 30, 1985 adopted after conducting a public hearing on the program after publication of notice thereof in a newspaper circulating generally in the City at least fifteen (15) days before the hearing; and WHEREAS, the Acts require approval of the Program by the Minnesota Housing Finance Agency (the "Agency "), which approval was given on March 27, 1986 by reason of the Agency's failure to notify the City of its decision within 30 days; and WHEREAS, pursuant to the Acts, and the Indenture of Trust dated September 1, 1986 by and between the City and National City Bank of Minneapolis (the "Trustee ") (the "Indenture "), the City proposes to undertake the Program, and for the financing thereof, to authorize, issue and sell the Bonds; and WHEREAS, the Bonds and the interest thereon will not constitute an indebtedness of the City or a loan of the credit thereof within the meaning of any constitutional provision or statutory limitation and shall never constitute or give rise to a pecuniary liability of the City. Neither the State of Minnesota nor any political subdivision thereof nor the City shall be obligated to pay the principal of, premium, if any, or interest on the Bonds or other costs incidental thereto except from the revenues and other amounts pledged therefor, and neither the general credit nor the taxing power of the State or any political subdivision thereof or the City is pledged to the payment of the principal of, premium, if any, or interest on the Bonds or other costs incidental thereto. No Bondholder shall have the right to demand payment of the principal of, premium, if any, and interest on the Bonds out of any funds to be raised by taxation; and WHEREAS, in order to comply with the requirements of Tax Equity and Fiscal Responsibility Act of 1982, the City Council held a public hearing on December 30,1985, after publication of notice thereof in a newspaper of general circulation in the City at least fourteen days before the hearing, and the City Council gave preliminary approval to proceed with the financing for the Project and issue the Bonds.' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA: Section 1. The City Council of the City acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock, that accomplishing this is a public purpose, and that many would -be providers of housing units in the City are either unable to afford mortgage credit at present market rates of interest or are unable to obtain mortgage credit because the mortgage credit market is severely restricted. -2- RESOLUTION NO. Section 2. The City Council of the City further finds, determines, and declares that the purpose of the Program is to issue the Bonds, the proceeds of which will be loaned to the Owner pursuant to the Loan Agreement, to finance the construction of a rental housing development consisting of 140 rental units to be located on Summit Drive North and Earle Brown Drive in the City of Brooklyn Center, as more fully described in the Loan Agreement (the "Project "), for occupancy primarily by persons of low and moderate income. Section 3. For the purpose of financing the Program there is hereby authorized the issuance of the Bonds of the City in an amount equal to $8,800,000. The Bonds shall be in such principal amount, shall mature, shall be in such denomination, shall be numbered, shall be dated, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the Indenture and the Official Statement hereinafter referred to. The Bonds shall bear interest as set forth in the Official Statement. Section 4. The Bonds shall be special obligations of the City payable solely from the revenues of the Program, in the manner provided in the Indenture. The Bonds do not constitute a debt of the City, nor does the City pledge its full faith and credit in regard to the issuance of the Bonds. The City Council of the City hereby authorizes and directs the Mayor of the City (the "Mayor ") and the City Manager (the "City Manager ") to execute, under the corporate seal of the City, the Indenture, and to deliver to the Trustee (the "Trustee ") the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee as set forth herein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City Clerk of the City (the "Clerk ") on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as so not materially affect the substance of the transaction and as the Mayor and City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. Section 5. The Mayor and the City Manager are hereby authorized and directed to accept and execute the Bond Purchase Agreement (the Bond Purchase Agreement ") from Miller Securities, Incorporated (the "Underwriter"). All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be substantially in the form on file with the Clerk on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager (and the release upon the approval of the City's attorney) shall be conclusive evidence of such determination. Section 6. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Loan Agreement and, when executed and delivered as authorized herein, the Loan Agreement shall be deemed to be a part of this resolution as fully and to -3- RESOLUTION NO. the same extent as if incorporated verbatim herein and shall be in full force form the date of execution and delivery thereof. The Loan Agreement n hall be substantially in the form on file with the Clerk on the date, hereof, and is hereby approved, with such necessary variations, omissions, and insertions as do not materially affect the substance of the transaction and as they Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and City Manager (and the release upon the approval of the City's attorney) shall be conclusive evidence of such determination. Section 7. The Mayor and the City Manager are hereby authorized and directed to accept and execute the Regulatory Agreement (the "Regulatory Agreement ") between the City, the Trustee and the Owner and,, when executed and delivered as authorized herein, the Regulatory Agreement shall be substantially in the form on file with the Clerk on the date hereof, and is hereby approved, with such necessary variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and the City Manager,.in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager (and the release upon the approval of the City's attorney) shall be conclusive evidence of such determination. Section 8. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Indenture, Loan Agreement, Regulatory Agreement, or other documents referred to above shall be deemed to be the covenants, stipulations, 'obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed upon the City or the City Council members thereof by the provisions of this resolution or of the Indenture, the Loan Agreement, the Regulatory Agreement or other documents referred to above shall be exercised or performed by the City, or by such members, officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or Agreement herein contained or contained in the Indenture, the Loan Agreement, the Regulatory Agreement or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or Agreement of any officer, agent, or employee of the city in that person's individual capacity, and neither the members of the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 9. Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City, the owners of the Bonds, the Trustee, and the Owner to the extent expressly provided in the Indenture, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof, this resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, the owners from time to time of the Bonds issued under the provisions of this resolution and the Indenture, and the Owner to the extent expressly provided in the Indenture. Section 10. In case any one or more of the provisions of this resolution or of the Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Indenture or of the Bonds, but this resolution, the Indenture, and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The -4- RESOLUTION NO. terms and conditions set forth in the Indenture, the pledge of revenues derived from the Program referred to 'in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture, and the application of said revenues, and other monies are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other monies, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the City are as binding as if contained in this resolution separate and apart from the Indenture. Section 11. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the Indenture and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Bonds, and precedent to the execution of the Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 12. The City Council of the City, officers of the City, and attorneys and other agents or employees of th g a City re hereby authorized o Y ed to d all acts y and things required of them by or in connection with this resolution and the Indenture and other documents referred to above for the full, punctual„ and complete performance of all the terms, covenants, and agreements contained in the Bonds, the Indenture and the other documents referred to above, and this resolution. Section 13. The City hereby consents to the distribution of the Preliminary Official Statement relating to the Bonds, substantially in the form on file with the Clerk on the date hereof. The City hereby consents to the use by the Underwriter in connection with the sale of the Bonds of the Final Official Statement, substantially in the form of the Preliminary Official Statement on file with the Clerk; provided that the City Manager may consent to such variations, omissions, and insertions as are not materially inconsistent with the form on file with the Clerk on the date hereof. The Preliminary Official Statement and the Final Official Statement are the sole materials consented to by the City for use in connection with the offer and sale of the Bonds. The City has consented to the distribution of the Preliminary Official Statement and Official Statement, but has not participated in the preparation of the Official Statement, made an independent investigation Y P or review of the e same or approved the Official Statement PP t or information contained therein and assumes no responsibility for the sufficiency, or P Y iciencY, accuracy completeness such Official Statement of information. Section 14. The Mayor and the City Manager are authorized and directed to execute and delivery any and all certificates, agreements or other documents which are required by the Indenture, the Loan Agreement, the Bond Purchase Agreement or the Regulatory Agreement or an g Y g y other certificates or documents which are deemed necessary bon y y d counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this Resolution, or to evidence compliance with Section 103(b)(4)(A) or Section 103(c) of the Internal Revenue Code of 1954, as amended; and the Mayor and the City Manager are hereby designated as Officers of the City for the purposes of executing the Officer's Certificate; and all such . agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. -5- RESOLUTION NO Section 15. If for any reason the Mayor of the City is unable to execute and deliver those documents referred to in this Resolution, any other member of the City Council of the City may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Manager or the Clerk of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any other member of the City Council or the City Clerk with the same force and effect if such documents were executed and delivered by the City Manager of the City. Section 16. All costs incurred by the City in connection with the issuance, sale and delivery of the Bonds and the execution and delivery of the Indenture, the Loan Agreement, the Regulatory Agreement, or Zhe Bond Purchase Agreement or any other Agreement or instrument relative to the Bonds, whether or not (1) actually issued or delivered or (ii) the Project is actually completed, shall be paid by the Owner or reimbursed by the Owner to the City. Section 17. This resolution shall be in full force and effect from and after its passage. Section 18. The Council of the City hereby finds that the Project is designed to be affordable by persons and families with adjusted gross income not in excess of the limits set forth in Section 462C.03, Subdivision 2 of the Act. Section 19. The Council of the City hereby makes the following findings: (a) The City is a home rule charter city organized and existing under the Constitution and the laws of the State of Minnesota. (b) The City has full legal right, power and authority under the Indenture and the laws of the State of Minnesota (i), to enter into the Loan Agreement, the Bond Purchase Agreement, the Regulatory Agreement and the Indenture; (ii) to issue, execute and delivery the Bonds; and (iii) to consummate all other transactions contemplated by the Bond Purchase 'Agreement and such other documents, including, without limitation, the deposit of the proceeds of the Bonds with the Trustee. (c) The City has taken all official actions necessary to authorize (i) the execution and delivery of the Loan Agreement, the Bond Purchase Agreement, the Regulatory Agreement and the Indenture; (ii) the issuance, execution and delivery of the Bonds; and (iii) the consummation of all transactions contemplated by the Loan Agreement and such other documents. Provided this finding is made solely for the purpose of estopping the City from denying the validity of the Bonds, Bond Purchase Agreement, Regulatory Agreement, Indenture, or Loan Agreement by reason of the existance of any facts contrary to this finding. (d) To the best knowledge of the City, the execution and delivery of the Loan Agreement, the Bond Purchase Agreement, the Regulatory Agreement and the Indenture, the issuance, execution and delivery of the Bonds, and the consummation of the transactions contemplated hereby and thereby do not violate any law, rule, regulation or ordinance, or any order, judgment or decree of any federal, state or local court, and do not conflict with or constitute a breach of or a default under a resolution or under the terms and conditions of any Agreement, instrument or commitment to which -6- RESOLUTION NO. the City is a party or by which the City or any of its property is bound. Provided this finding is made solely for the purpose of estopping the City from denying the validity of the Bonds, Bond Purchase Agreement, Regulatory Agreement, Indenture, or Loan Agreement by reason of the existance of any facts contrary to this finding. (e) To the best knowledge of the City, there is no formal action, suit, roceedin inquiry or investigation P g, q y pending or threatened against the City by or before any court, governmental agency or public board or body with jurisdiction over the City (nor is there any basis therefor) which (i) affects or questions the existence of or the territorial jurisdiction of the City or the title to office of any member of the City Council of the Issuer; (ii) affects or seeks to prohibit, restrain or enjoin the execution and delivery of the Loan Agreement, the Bond Purchase Agreement, the Regulatory Agreement or the Indenture, or the issuance, execution or delivery of the Bonds; (iii) affects or questions the validity or, enforceability of the Loan Agreement, the Bond Purchase Agreement, the indenture or the Bonds; (iv) questions the tax - exempt status of the Bonds; or (v) questions the powers of the City to carry out the transactions contemplated by the Loan Agreement, the Bond Purchase Agreement, the Indenture or the Bonds. Provided this finding is made solely for the purpose of estopping the City from denying the validity of the Bonds, Bond Purchase Agreement, Regulatory Agreement, Indenture, or Loan Agreement by reason of the existence of any facts contrary to this finding. (f) The information contained in the Official Statement is complete and accurate and at the Closing Date (as hereafter defined) will be true and accurate. To the best knowledge of the City, neither the Official Statement, nor any amendment or supplement thereto, includes any untrue statement of a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading, provided, however, that these representations and warranties of the City shall apply only to the information contained in the Official Statement under the caption "THE ISSUER." (g) The City will cause the proceeds from the sale of the Bonds to be paid to the Trustee as specified in the Resolutions and the Indenture. So Tong as any of the bonds are outstanding and except as may be authorized by the Resolution, the Agreement or the Indenture, the City will not issue or sell any bonds or other obligations, other than the Bonds sold thereby, the interest on the premium, if any, or principal of which will be payable- from the payments to be made under the Agreement or the Indenture except as provided in the Indenture. (h) The issuance and sale of the Bonds will not be subject to any issuance, transfer or other documentary stamp taxes imposed by the City. (i) Any certificates signed by an authorized officer of the City -" delivered pursuant to the Loan Agreement, the Bond Purchase Agreement, the Regulator Agreement, Y t the Indenture g , or any document contemplated thereby shall be deemed a representation and warranty by the City as to the statements made therein. -7- RESOLUTION N0. Date Mayor ATTEST: 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. CC CITY COUNCIL RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF SUBORDINATION AGREEMENT AND CONSENT AND ESTOPPEL AGREEMENT AND APPROVING ASSIGNMENT OF DEVELOPMENT CONTRACT WHEREAS, the City of Brooklyn Center (City) has entered into an agreement with Earle Brown Commons Partnership, dated July 1, " C " 1986 and entitled n Private Development" providing "Contract for ri ate a elopment pro i ing for the development of certain real property within the Earle Brown Farm Redevelopment District; and WHEREAS, in furtherance of such agreement and consistent therewith, Earle Brown Commons Partnership wishes to assign its interests and obligations under the agreement to Earle Brown Commons Limited Partnership; and WHEREAS, the City finds that such assignment is appropriate and in furtherance of the Earle Brown Farm Redevelopment District; and WHEREAS, representatives of the City have presented to the City a proposed agreement entitled "Subordination Agreement" by and between the Housing and Redevelopment Authority in and for • the City of Brooklyn Center (HRA) , the City and National City Bank of Minneapolis and a proposed agreement entitled "Consent and Estoppel Agreement" by and between the HRA, the City, Earle Brown Commons Limited Partnership, and Miller Securities Incorporated; and WHEREAS, the City has reviewed such agreements and finds that, the same are appropriate and in furtherance of the Earle Brown Farm Redevelopment District; NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center as follows: 1. The assignment of the interests and obligations of Earle Brown Commons Partnership to Earle Brown Commons Limited Partnership under the Contract for Private Development is hereby appre< red. 2. The proposed Subordination Agreement and Consent and Estoppel Agreement are hereby approved. 3. The Mayor and City Manager are hereby authorized to execute such agreements in the name of and on behalf of the City and are hereby authorized to take such steps h" as are necessary to carry out the objectives of the City thereunder. DATED: Mayor ATTEST: City Manager 0007RE02.C41 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A LOCAL COMMITTEE FOR COMMEMORATION OF U.S. CONSTITUTION WHEREAS, September 17, 1986, marks the one hundred ninety -ninth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, said resolution declared an intention to appoint a bi- partisan committee to appropriately commemorate the event WHEREAS, it is fitting and proper to accord official recognition to this memorable anniversary, and to the patriotic exercises that will commemorate the occasion; and NOW, THEREFORE, I, Dean Nyquist by virtue of the authority vested in me as (Mayor) of the (City) of Brooklyn Center (in the State of Minnesota) do hereby proclaim the week of September 17 through 23 as Constitution Week, in the (City) of Brooklyn Center, and urge all our citizens to pay special attention during that week to our Federal Constitution and the • advantage of American Citizenship. NOW, THEREFORE, BE IT FURTHER RESOLVED the Council hereby ratifies the appointment of William Lakotas as Chairman of a local committee to plan an appropriate celebration an commemoration and urges that the remaining committee members be selected at the earliest possible time. Date Mayor ATTEST: 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. YA i MEMORANDUM TO: Patti Page, Administrative Aid FROM: Jim Lindsay, Chief df Police DATE: September 8, 1986 SUBJECT: Amusement Device License for Plaza Investments Limited Partnership We received an application for an operator's license for amusement devices for Plaza Investments d /b /a Ramada Hotel. As a background investigation is being completed for their liquor license applica- tion, no background is required for this license. At this time, we find no reason to deny application for this license. If you have any questions, please contact me. p y6 i i MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: September 9, 1986 SUBJECT: On -Sale Intoxicating Liquor License for Ramada Inn Attached please find a resume done by Investigator'Spenn for Lombard Investment Limited Partnership d /b /a Ramada Inn in appli- cation for a Class D On -Sale Intoxicating Liquor License. We can find nothing which would preclude issuance of this license. The Ramada intends to open on Monday, September 22, 1986. They would, however, require their license earlier in order to obtain a State buyer's card. They need this card and number to order their stock of liquor in time for their opening. If you have any questions, please contact me. r t LIQUOR LICENSE - RAMADA INN Section I Purpose and Scope Section II Applicant & Corporate Structure Section III Financial Background Section IV Individual.Backgrounds & Character References Section V Summary SECTION I - Purpose and Scope The following is a background investigation conducted by Investigator Donald Spehn of the Brooklyn Center Police Department concerning an application for On -Sale Liquor License submitted on behalf of the Ramada Inn. The Ramada Inn is a large hotel complex located at 2200 Freeway Boulevard within the City of Brooklyn Center. The anticipated Grand Opening date of the Ramada Inn is scheduled for September 22, 1986. It should be noted at this time that the Ramada Innis a developmental project with interim financing. As such, the corporate structure is quite involved and composed of several corporations. The primary de- veloper is Lombard Properties. The developers have retained a hotel management company for the actual operation of the hotel, including the restaurant and bar. This manage- ment company is Brock Hotels. It is noted Brock Hotels also manage the Holiday Inn in the City of Brooklyn Center and hold a liquor lic- ense from the City of Brooklyn Center for that location. In that regard, the developers have formed a separate company to hold the liquor license for the Ramada Inn. This company is Plaza Invest- . P Y ments Limited Partnership`. The primary officer of Plaza Investments Limited Partnership is Charles Peers BENSON, Mr. BENSON is President of Plaza Real Estate, Inc. and Vice - President of Finance for bombard Properties. The other principle individuals concerning this background investiga- tion are employees of Brock Hotel Corporation. SECTION II Applicant and Corporate Structure Applicant PLAZA INVESTMENTS LIMITED PARTNERSHIP 6601 Shingle Creek Parkway, Suite #200 Brooklyn Center, MN 55430 Telephone 566 -8022 Primary Officer Charles Peers BENSON DOB: 03 -03 -47 7704 West 84th Street Circle Bloomington, MN Corporate Structure The following are companies and /or corporations involved in the develop- ment and /or operation of the Ramada Inn. A short explanation of each will be noted to attempt to clarify the structure. An organizational chart is also attached. #1 - Plaza Investments Limited Partnership This company is the tenant of the building and will hold the liquor license The only officer of 4 Y the company is Charles Peers BENSON. #2 - Plaza Real Estate, Inc - A eneral partner. In essence the same g p , as Plaza Investments Limited Partnership. Its primary officer is also Charles Peers BENSON, #3 - Plaza Real Estate Partners - A limited partner. The owner of the building and land and operator of the hotel through Brock Hotel Manage ment . There are no officers in this company. #4 - Shingle Creek Lodging Limited Partnership - A general partner. This company was set up to deal with 10 of the tax benefit of the prof - its of the company and to cut down on the tax losses and to protect the liability assets of the hotel. There are no officers in the company. #5 - Westchester Hotel Corporation - A general partner. This is a Texas Corporation that is guaranteeing the loans.along with Lombard In- vestments, a Nevada corporation. The officers of Westchester Hotel Corporation are: President Louis Garfield REESE, III DOB: 07 -21 -49 8626 Douglas Avenue Dallas, Texas ti -2- Vice - President, Secretary & Treasurer Reggie Leroy SCHLEISMAN DOB: 10 -22 -42 7130 South Jarman Dallas, Texas #6 - Lombard Investments Inc. - A Nevada corporation that is also guaranteeing the loans. The officers and directors of Lombard Invest ments are: George Thorbjorn RICHARDSON DOB: 09 -22 -24 484 Wellington Cresent Winnipeg, Manitoba Director Donald Powell LEANEY DOB: 07 -29 -29 141 Thatcher Drive Winnipeg, Manitoba Chairman and Chief Executive Officer Charles Edwin SAMELUK DOB: 07 -20 -45 7609 Stonewood Court Edina, Minnesota President Hartley Thorbjorn RICHARDSON DOB: 10 -16 -54 484 .Wellington Cresent Winnipeg, Manitoba Vice- President Robert William DUNBAR DOB: 01 -26 -42 3181 Assiniboine Avenue Winnipeg, Manitoba Chief Financial Officer and Treasurer John Keith KNOX DOB: 06 -12 -33 300 Cordoua Street Winnipeg, Manitoba Secretary Charles Peers BENSON DOB: 04 -03 -47 7704 West 84th Street Circle Bloomington, Minnesota Vice- President of Finance and Administration -3- Pamela Marie WENDT DOB: 10 -21 -59 15615 Territorial Road Maple Grove, Minnesota Controller i SECTION III Financial Background The following is a background of the financing for construction of and operation of the Ramada Inn. #1 - Plaza Real Estate Partners (borrower) has a promissory note to Shingle Creek Land Company (Tender) in the amount of $ 1,078,000. This note was for the purchase of the land. The terms are 12% interest per annum. The principle and interest on this note are due and payable in full on the earliest of the following dates. A. Upon the sale of the property. B. Upon refinancing of any debt excluding the $13,500,000 construction loan by Cargill or the $10,000,000 permanent mortgage loan by Citicorp: C. July 1, 1995. #2 Plaza Real Estate Partners (borrower) has a construction loan with Cargill Financial Services (lender) in the amount of $13,500,000. The interest rate is 1/2 of 1% per annum over the rate - publicly announced by First National Bank of Minneapolis as its reference rate A principle payment of $10,000,000 is to be paid upon the funding of the $10,000,000 permanent mortgage loan from Citicorp Real Estate, Inc. The remaining unpaid balance and interest is due and payable in full on July 11, 1989. (It might be -noted that the Citicorp loan has been ap- proved, at this time.) #3 Plaza Real Estate Partners (borrower) has a permanent financing secured term loan in the amount of $10,000,000 and a secured working capital loan in the amount of $1,000,000 from Citicorp Inc. Real Estate, lender The P (lender). $10,000,000 is the amount payable to Cargill. The base interest rate on the loan is 13.35% fixed rate. This loan is due and payable in full on July 1, 1995._ Loan agreements containing terms, etc., are attached to the file. • J SECTION IV - Individual Background and References Criminal history hecks were run un on the officers and directors of the Westchester Hotel Corporation and Lombard Investments, Inc. These criminal histories were run both in the United States and Canada. None of the officers or directors of the companies had any record of criminal history. Complete backgrounds were conducted on the individuals in- volved in the daily operations of the Ramada Inn. These include Charles Peers BENSON, Stephen Hayes ANDERSON, Charles Gene PONCZOCH, III, and Jeffrey Albert STRAND. These are as follows: . Charles Peers BENSON was born in Duluth, Minnesota, on :April 3, 1947. His current address is 7704 West 84th Street Circle, Bloomington, Minne- sota. He has resided at that address from February of 1980 to the pre- sent. His previous address was 1829 East Manor Boulevard, Burnsville, Minnesota. Mr. BENSON is married. His wife's name is Bonnie. He is currently employed by Lombard Properties and has been since 1982.- His prior employment was with Knutson Construction Company from 1980 through 1982 where he was a Controller and from 1976 through 1980, for Napco Industries, Inc. His background is in accounting and finance. Mr. BENSON has a valid Minnesota driver's license. He has no criminal history n NCIC or BCA H Y e is also clear of Hennepin County warrants. The following references were checked with their comments indicated. #1 - Pamela WENDT, P.O. Box 22746, phone number 420 -6309, who indicated that she has worked for Mr. BENSON for the past six (6) months and had also worked for him previously at the Knutson Company. She indicated that she knows Mr. BENSON both through work and per - sonally. She indicated she is also acquainted with his family. She describes Mr. BENSON as personally a very fantastic person. She indicated Mr. BENSON is always above -board in his dealings and that she has no qualms at all about his business ethics. #2 - Tricia GIOVANAZZO,_5200 West 106th Street, phone number 893- 9141. She indicates that she has known Mr. BENSON for approximately four (4) years as he is a neighbor and she has also worked on a semi - temporary basis for Lombard Properties and knows him through that associa- tion. She indicated Mr. BENSON is a good family man, he has two (2) children, is a good neighbor and she described him as a wonderful person. She indicated Mr. BENSON is highly thought of both by his neighbors and by his employees and work associates. #3 - Michael WINGERT, 9879 Brighten Lane, phone number 941 -6828. Mr. WINGERT indicated that he has known Mr. BENSON for approximately seven (7) or eight (8) years,` both personally and professionally. He described Mr. -2- BENSON as a very professional person, a straight- shooter, a person who is accounting oriented and indicated that he had nothing but good to say about him. He indicated he knew of nothing negative con - cerning Mr. BENSON. He indicated Mr. BENSON is a nondrinker and just a "super" person. Stephen Hayes ANDERSON will be the General Manager of the Ramada Hotel. He is an employee of Brock Hotel Corporation. Mr. ANDERSON was born on February 24, 1929, at Mt. Kisco, New York. He is married. His wife's name is Mary. He has been married for 31 years. His current address is 1543 Humboldt Place, Brooklyn Center, Minnesota. Mr. ANDERSON has no criminal history with BCA or NCIC and he is clear of Hennepin County warrants. Mr. ANDERSON's entire employment background is in the hotel industry. Prior to being employed by Brock Hotels, he worked for an organization called Cox Hotels which was another hotel management firm. The following references were checked with the responses indicated. #1 - Jack KRAVER, of Lancaster, Pennsylvania, phone number (717) 560 -0223. Mr. KRAVER indicated that he had known Mr ANDERSON since June of 1983 and knew of him M as r. KRAVER is the vice- president of Cox Hotels and Mr. ANDERSON worked for them for a number of ;years. He described Mr. ANDERSON as a very competent person, -a very honest and trustworthy person and one who knows his business. He indicated, in addition, that Mr. ANDERSON is an outstanding citizen and is a good fam- ily man who is devoted to his sons. Mr. KRAVER in- dicated that he had no qualms about Mr. ANDERSON whatsoever. When questioned as to why ANDERSON left the employment of Cox Hotels, Mr. KRAVER indicated that Mr. ANDERSON was terminated because the company did not see things happen that they wanted. He indicated primarily this was not Mr. ANDERSON's fault, but was more the fault of the Food and Beverage Managers, etc., but in the hotel game, it is the General Managers that generally are re- placed first_ #2 Rodney J. FAUBEL, of Clay, New York, phone number (315) 699 -3373. Mr. FAUBEL indicated he has known Mr. ANDERSON for 30 years and lived across the street from him. He described Mr. ANDERSON as a person having good morales, a very honest and capable person, one having a good upbringing, one having a good family and raising a good family, one who is involved in the community, who has been involved in the Jaycees and Kiwanis, one who is a good hotel man, a real pro and . one who knows his business. R� -3- #3 - Kenneth SEWELL, of East Hampton, New York, phone num- ber (561) 267- 8803. Mr. SEWELL indicates he has known Mr. ANDERSON for ten (10) years. He `stated he is a good family man and a good guy. He indicated Mr. ANDERSON is very competent, he is well thought of by his employees, he is honest and is a wonderful per- son. Mr. SEWELL indicated he could think of nothing negative concerning Mr. ANDERSON. Charles Gene PONCZOCH, III will be the Food and Beverage Manager of the xamada Inn. He is also employed by Brock Hotel Corporation. Mr. PONCZOCH was born in Marshfield Wood, Wisconsin, on 11- 29 -56. His cur - rent address is 6824 Fremont Place North, Brooklyn Center, Minnesota, telephone 560 -8874. Mr. PONCZOCH is married. His wife's name is Belinda. Mr. PONCZOCH's entire prior work background is also in the food and beverage industry. He worked from 1975 through 1980 for Sirloin Stockades at various locations throughout the country. This company went bankrupt in 1980 and in 1980 through 1985, Mr. PONCZOCH worked at various other food and hotel establishments. MR. PONCZOCH has been employed since 1985 by the Brock Hotel Corporation and comes here from the Holiday Inn in Stevens Point, Wisconsin. Mr. PONCZOCH has a valid Wisconsin driver's license, he has a clear record with NCIC (that is he has no criminal history) and he is also clear with BCA and Hennepin County warrants. The following eferences were c t J contacted with their responses indicated. #1 - Mrs. Leroy SCHILLINGER, Stratford, Wisconsin, phone number (715) 687- 4986. She indicated she is a former neighbor of Mr. PONCZOCH and has known him since high school. She describes bes him as a real nice fellow, a good family man, a responsible person and a hard worker. She indicated he comes from a good family, a strong Christian background and is a very honest person. She indicated Mr. PONCZOCH has been involved in restaurant work since high school and that he is very good in dealing with people. #2 - Ron MULARSKI, of Walo, Texas, phone number (817) 753 -4370. Mr. MULARSKI indicated he has known Mr. PONCZOCH for ap- proximately five (5) years and they lived and worked to- get' in Casper, Wyoming, and Elk City, Oklahoma.. He indicated Mr. PONCZOCH is an excellent person, a good family man and a good hotel manager. He indicated Mr. PONCZOCH is a hard worker, he gets along well with his employees and he is "super" with the public. He indicated PONCZOCH is absolutely honest and he knows of no negative qualities. He indicated that, to his knowledge, Mr. PONCZOCH is only a social drinker and does not have any type of problem. -4- #3 Dave BURKHART, Marshfield, Wisconsin, phone number (715) 387- 4882. Mr. BURKHART indicated he has known Mr. PONCZOCH all his life and that they were former neighbors. He indicated that Mr. PONCZOCH is a very nice guy, very honest, very friendly and gets along well with everyone. He indicated he didn't know what else he could say and just felt that Mr. PONCZOCH was an excellent person and he knew of no problems than Mr. PONCZOCH had. Jeffrey Albert STRAND who will be the Bar Manager of the Ramada Inn, is also an employee of Brock Hotel Corporation. Mr. STRAND was born in Bemidji, Minnesota, on 06- 07 -52. His current address is 6936 Polaris Lane North, Maple Grove, Minnesota. He is married and his wife's name is Lynn. Mr. STRAND's background is also all in the food and beverage industry and since 1978, has been involved with food and beverage posi- tions at various locations in the Minneapolis area. Those include the First Edition in Columbia Heights, the Ground Round in Brooklyn Center and Roseville, Nicklow's Restaurant in Robbinsdale, the Holiday Inn in Plymouth, the Boulevard Restaurant in Golden Valley and the White House in Golden Valley. Mr. STRAND has no criminal history record with BCA or NCIC. He is also clear of Hennepin County warrants. He has a valid Minnesota driver's license. The following references were checked. #1 Mr. Dave FRUEHAUF, 3341 Yukon, New Hope, Minnesota, phone number 544 -5806. Mr. FRUEHAUF indicates he has known Mr. STRAND for five (5) or six (6) years. Mr. FRUEHAUF indicates that he is a career specialist for the Robbinsdale School District and met Mr. STRAND and worked with him on career development. He indicated Mr. STRAND apparently came to him because of the fact that two (2) of Mr. STRAND's previous employers had gone bankrupt and STRAND wanted to further develop his career in the food and beverage industry. He described Mr. STRAND as a very honest person, a sales -type, one having an outgoing personality and who goes after what he wants. He indicated Mr. STRAND certainly would be able to handle the job and indicated further that since the time he has known Mr. STRAND, he seems to have settled down through the years and is not quite as ag- gressive as he used to be. #2 - Doug WESTLUND, 394.1 Xylon North, New Hope, Minnesota, phone number 544 -2900. Mr. WESTLUND indicated he has known Mr. STRAND for seven (7) or eight (8) years He describes him as an excellent individual. Mr. WESTLUND indicated that Mr. STRAND is married to a close friend of WESTLUND's daughter. He indicated that he felt MR. STRAND's character was above re- proach and he indicated that he knew that he is r , -5- successful in his line of work. He indicated that he knew of no reason that Mr. STRAND would not be successful in the position he is now in. #3 Carl GAARDSMOE, who is assistant manager of the Ground Round located in Brooklyn Center. Mr. GAARDSMOE 'in- dicated that he is familiar with Mr. STRAND in that Mr. STRAND was a former assistant manager of the Ground Round in Brooklyn Center. He indicated that Mr. STRAND is a straightforward, honest, mild mannered type of per- . son and that he was an excellent employee. He indicated Mr. STRAND has no problems that GAARDSMOE was aware of. He indicated MR. STRAND left the employment of the Ground Round ound on his own to take a position with the First Edition Restaurant in Columbia Heights. He indicated that particular operation has since closed down. a y „ r SECTION V - Summary This investigation has revealed nothing detrimental concerning the application for liquor license for the Ramada Inn. It appears that none of the principals involved nor any of the officers or directors of the various companies have any criminal history records. It is further indicated that the employees dealing with the operations of the establishment on a daily basis have an established background in the industry and are highly thought of. It is also noted that the management company retained for the operation of the hotel has, in fact, been involved with the operation of another hotel in the City of Brooklyn Center and no serious problems have been noted to this in- vestigator's knowledge. The investigator can see no reason why the application for liquor lic- ense for the Ramada Inn should not be considered, at this time_ PLAZA INVESTMENTS LIMITED PARTNERSHIP General PLAZA REAL ESTATE PLAZA REAL ESTATE Limited Partner INC. PARTNERS Partner I "'General SHINGLE CREEK WESTCHESTER HOTEL General Partner LODGING LIMITED CORPORATION Partner PARTNERSHIP I General LOMBARD INVESTMENTS Partner INC. M & C No. 86--14 September 11, 1986 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: 1987 Departmental Proposed Budget Cuts To the Honorable Mayor and City Council: At your first review of the City Manager's Proposed 1987 Budget, Council requested that I highlight some of the approximately $140,000 in cuts I made from departmental requests. Attached please find a memorandum from Paul to myself which enumerates the individual cuts. 'i I would like to highlight a couple of the more prominent cuts that were made. In the City Council budget my staff had proposed a Civic Handbook which would have been a promotional piece of literature that could be given to new citizens of the community and be used for other handout purposes. Because it was just too expensive given other needs, it was cut. Also cut was $4,000 from a $5,000 request from Brooklyn Center Mediation Project. I believe I adequately explained that cut in my budget message. In the Police Department I cut the full $10,000 of a Bureau of Mediation Services requested funding level because I believed it was more closely related to a court function than a municipal function. I cut a Planning Department request in the amount of approximately $6,600 for funding to change an approximate half to two- thirds time clerk to a full -time clerk. This was, I believe, a needed personnel increase to cover the end of the day when there is heavy phone calls and heavy activity in this department. I chose not to recommend the appropriation because I felt the _need for the police officers was greater and the loss of federal revenue sharing already pushed the mill levy increase higher than I would liked to have had it. In the Parks and Recreation Department I cut the requested program coordinator for the sports area. The Recreation Department has been using part -time people to attempt to do the sports and other programming. That has proved to be a very difficult situation as the part -time people have not been that t reliable This was another needed personnel request, but again in light of the need for the police officers and the loss of federal revenue- sharing, cuts had to be made somewhere. It is not going to be easy for this department to handle the increased programming activity, which would have been alleviated by the addition of this full -time person. However, they somehow figured M & C No. 86 -14 -2- September 11 1986 out a way to do it last year and, I am sure, they will make it through. I am sure also I will be requested to consider this Position again in 1988. Most all of the other cuts enumerated in Paul's memo were ones in Which I looked at the past performance of that account and in reviewing the departmental justifications, basically substituted -my judgment for the department heads' and made a reduction. If you will recall, I have always mentioned before that about every two to three years I go through the Budget and look for inadvertent contingencies which may have built up in departmental budget accounts. This was one of those years in which I went through the Budget and made those kind of changes and substituted my judgment for theirs. That was one of the rationale behind raising the Contingency Fund $10,000 from its previous level because I am not so sure that I am going to be right on all of these accounts. If I am wrong there should be contingency funds in the Budget to cover if my estimates are inaccurate. In the Public Works /Street Maintenance budget I cut out $25,400 which had been requested by Sy for consideration of a new material in our sealcoat program. As I stated in my budget message, because of the pressure in other areas of increased costs, I cut this program. I do believe it is a valid one which we should consider in future years. By using granite chip in place of the pea rock that we now use, we should get a longer term of life expectancy out of our sealcoat on our residential streets. We currently use the granite chip on our major thoroughfares, and it does last longer there and is less "messy ". This program called for increased expenditures early in the life of a proposed program, and the savings come later on down the Tine. In the long term the cost of either program will be equal. I am of the opinion that we can defer this program and start it next year at a time when our costs may not be as high and we could more easily accommodate the early years of cost increases. If we hadn't lost the revenue sharing money, which results in about 70% to 80% of our mill levy increase, I would have recommended this program for consideration in the 1 87 Budget. We anticipate that between the hearing next Monday night on the Budget and when you finally adopt it later in September or early October, you can anticipate hearing from the following organizations for additional funding: The band, Harmonettes, Children's Chorus, the Senior Chorus, Brooklyn Center Mediation Services, and an agency which serves senior citizens in the northwest communities, Senior Community Services. When I approach the Budget in terms of eliminating appropriations I try to develop a general rationale and proceed, as much as possible, consistently through the Budget. I may make one or two or sometimes three or four passes through the Budget, each time cutting more as I am attempting to hold down total overall costs. M & C No. 86 -14 -3- September 11,_1986 I generally use as my first criteria the need to continue our basic mandated services and then a secondary priority is to continue the current level of other traditional services which the City has carried on for sometime. After these two priorities, then I consider things new and additional.. For a number of years I haven't reached the "things new and additional" area. The only item in the 1987 Budget that I can consider that falls into this category is the $1,000 for the Brooklyn Center Mediation Project requested in the City Council budget. This is a new service area that I do believe warrants some funding as it does have direct cost savings to the City. The point I am trying to make is that there aren't any of these cuts I have made to departmental requests that could not be considered legitimate requests. I am sure the same could be said of the requests you will probably be receiving from the above mentioned sources. However, it is my responsibility in preparing a Budget to do the best job I know how of balancing all the legitimate needs and requests, and making judgments about them and prioritizing them. In 1987 we are losing approximately $200,000 in federal revenue sharing, and I believe there is a need to add additional police officers to our force to get us sufficient manpower where we can get back to a level of proactive activity and flexibility that we had a few years ago. Increased numbers of police activity and complexity and time consumed by each of these incidents has eroded our capability of being proactive. I consider the top two priorities of this Budget being the covering of the $200,000 loss in revenue and the increasing of the police officers staff complement, and all other priorities, though not unimportant, fell in line behind these and I didn't believe could be addressed for financing in the 1987 Budget. Also attached please find a copy of a memo from Pete Koole regarding tax impacts of new developments. Respectfull submitted, Gerald G. S inter City Manager. 9 MEMORANDUM Date: September 10, 1986 To: Paul Holmlund From: Peter M. Koole" Subject: Tax Estimates - New Developments You have asked for tax projections into 1987 and 1988 on several new developments: Target, Shingle Creek Center, Ramada Hotel, and the Brookview Plaza Shopping Center. I have made the projections based upon several assumptions: 1. I used the actual tax rates in effect for taxes payable in 1986. 2. We used valuation estimates applicable during 1986. 3. We assumed the City's portion of the total tax is • 16.08 percent, or proportionate to the City's mill rate and the total local mill rate. Of course, legislative changes in Commercial- Industrial tax rates and /or legal challenges to the valuations and taxes g q cannot be predicted, while they remain real possibilities. We also must consider the effects of fiscal disparities on our new C & I developments. For taxes payable in 1986, we contributed $22,990,819 in assessed value and received back in distribution $20,983,286, or 90.9 percent of what we contributed. Since we receive back ninety percent of what we contribute to fiscal disparities, and the effective tax rates we used for our estimates are our actual 1986 rates which have the effects of fiscal disparities factored in, no further adjustments to our estimates are necessary. • TAX E STIMATE TABLE 85 Pay 86 Actual 86 Pay 87 Est. 87 Pay 88 Est. Total City Total City Total City Tax Tax Tax Tax Tax Tax 0 Shingle Creek Center $ 22,626.38 $ 3,638 $ 27,700 $ 4,450 $101,50 $16,300 02- 118 -21 -12 -0012 Target 46,261.23 7,438 64,165 10,300 154,300 24,800 35- 119 -21 -43 -0009 i Ramada Hotel 39,060.95 6,281 164,400 26,400 243,000 39,100 35- 119 -21 -13 -0012 Brookview Plaza 32,322.18 5,197 36,100 5,800 165,200 26,600 02- 118 -21 -12 -0013 Totals $140,270.74 $22,554 $292,365 $46,950 $664,000 $106,800 z (HHMBC) MEMORANDUM • TO : - - - - -- Gerald G. Splinter, City Manager FROM: Paul W. Holmlund, Director of Finance g� DATE: September 9, 1986 SUBJECT: CITY MANAGER'S CUTS TO DEPARTMENTAL REQUESTS IN THE 1987 PROPOSED BUDGET 11 COUNCIL 33 PLANNING AND INSPECTION Civic Handbooks $ 10 Full -time Clerk, net $ 6,614 Brooklyn Center Mediation Project 4 Printed Forms 50 - - - - -- Microfilming 6 $ 14 Microfilm Reader 5,000 13 CITY MANAGER $ M 18,414 Video Tape Recorder $ 650 - - - - -- - ---- -- 34 EMERGENCY PREPAREDNESS 19 GOVERNMENT BUILDINGS Telephone $ 1 Cleaning Supplies $ 100 Comm. Van Mobile Phone 2 Repairs & Maintenance Supplies 100 - - - - -- Grounds Maintenance 200 $ 3 Equipment Repair 1,000 - --- 42 STREETS MAINTENANCE $ 1 Safety Supplies $ 300 --- - - ---- Sealcoating 25,400 20 DATA PROCESSING Streetscape Improv. 5,000 • Portable Micro Computer $ 4 - - - - -_ Miscellaneous Software 1 $ 30 $ 5 61 REC. & PARKS ADMIN. - -- p-- --- --- Sports Coordinator $ 23,235 31 POLICE DEPARTMENT Use of Personal Auto 300 Operating Supplies $ 219 Employment Advertising 100 Clothing & Personal Equipment 740 Equipment Repair 100 Medical Services 641 Dues & Subscriptions 100 Use of Personal Auto 50 Copy Machine 7 Employment Advertising 200 -------- Investigation 200 $ 30,835 Dues & Subscriptions 1 -- - -- Juvenile Mediation Program 10 64 CHILDRENS RECREATION - - - - -- Towing Charges 200 Soccer $ 1,500 $ 13,250 66 COMMUNITY CENTER — - - - - - -- - - - - ---- Building Repair $ 3,000 32 FIRE DEPARTMENT - Printed Forms $ 400 69 PARKS MAINTENANCE Use of Personal Auto 200 Parks Courts Repairs $ 500 Communications Systems Maint. 351 Equipment Parts 600 Training 1 Small Tools 200 Books and Pamphlets 600 Lions' Pk Shelter Roof 10,500 Camera and Monitor 3,500 -- - - -- Jump Seats (4) 1 $. ~11,800 $ N 7 TOTAL CUTS $ 141,545 NOTE: In addition to the above cuts, Community Center improvements requests in the amount of $159,700 were transferred to the Capital Projects Fund Budget to be considered there. i M & C No. 86 -15 September 11, 1986 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Comparative Review of Suburban Park and Recreation Programming To the Honorable Mayor and City - Council: Attached please find, copies of a series of tables from a 1984 study by the City of Minnetonka regarding_ recreation programming. Minnetonka was reviewing its own program as it relates to a joint effort they have with the City of Hopkins. However, it's the first analysis of recreation programming of suburban communities that I am aware, and it is a very good piece of work. Figure 1 indicates the ranking and number of adult sports programs and other her. adult ro rams and youth sports is o r ams P g r and Y P programs a other youth programs. I have always been told y 1 that Brooklyn Center has a heavy on sports programming both in the adult and youth area, and these figures indicate that's not so. We have a reasonable level of sports programming for adults and youths, but in terms of ranking with other communities we are sort of in the middle ground ranking about 8th for both youth and adult sports programs. However, if you take a look at other adult programs and other youth programs, we are ranked 1st with a considerably higher - number of program availability in the nonsports area than any of the other communities surveyed. Figure 3 indicates the ratio of community participation. Again we are about the middle of the ranking it h about 43% art' g ici ation P P when compared with the population. Figure 5 indicates the number of participants in our major adult sports programs, and Brooklyn Center ranks 2nd in artici a p tion Y in these type programs. rams.. P P Figure 7 indicates the fee support of recreation programs. In other words, these figures indicate how much of the total cost of a re , creation: program am . is P supported to g d b fee PP y s for services. You will note that we are ranked in the upper percentiles of fees for services and there are about five communities clumped very close around the 60% mark. However, I would like you to take a close look at the total dollar figures in terms of budget and revenue. We collect in revenue from fees approximately $486,000 and the total budget is $821,000. There are a number of communities that approach us in terms of costs and budget, but there aren't many that approach us in terms of revenue dollars collected. One of the reasons that our total cost of $821,000 is as high as it is M & C No. 86 -15 -2- September 11, -1986 is that we have the community enter complex and swimming Y p g pool costs in that figure and most other communities don't have those kind of facility costs. The variation in the budgets is accounted for by the fact that some communities do not include ice arenas, swimming pools, in either the budget column or the revenue column. I believe the results of this study indicate that Brooklyn Center does have indeed a balanced recreation program. It also does a good job of generating revenue to support that program, and if you consider the whole program is run by four full -time staff members, one full -time clerk and additional part- time clerical people, it is a very effective and efficient operation. Respectfully submitted, erald !cr inter U City Ma FIGURE 1 DISTRIBUTION OF RECREATION PROGRAM ACTIVITIES (1983)* ADULT OTHER YOUTH OTHER SPORTS ADULT SPORTS YOUTH PROGRAMS PROGRAMS PROGRAMS PROGRAMS COMMUNITY NO. RANK NO. RANK NO. RANK NO. RANK Roseville 31 l.. I 14 7 1 14 .1 1 16 10 I Minnetonka/ (Tie) Hopkins 29 2 1 17 A 9 (Tie) 18 (Tie)[ New Brighton 16 3 I 14 7 1 fi 9 118 7 I (Tie) I (Tie) I (Tie) 1 (Tie)I Plymouth 16 3 1 .16 5 ( 4 12. (Tie) I (Tie) I 118 (Tie)I Golden Valley is 5 I 18 3 ( 6 9 i 15 11 1 i (Tie) I i Maplewood 14 6 I 11 11 i 9 3 22 3 (Tie) I (Tie) 1 1 Eden Prairie 13 71 1 19 2 1 it 2 1 19 4 1 1 (Tie 1 Brooklyn Center 11 8 1 41 1 1 7 8 1 44 1 (Tie) Crystal 11 8 1 11 11 - I 8 6 1 12 12 1 (Tie) I (Tie) I (Tie) Edina 11 8 I 7 14 1 6 9 5 (Tie) 1 I (Tie) 1 (Tie) j Mounds View 11 8 I 10 13 I 8 6 i 23 2 (Tie) 1 i (Tie) 1 Richfield 11 8 13 9 1 14 ) 5 13 1 (Tie) i (Tie) (Tie)1 Brooklyn Park 10 13 1 16 5 1 3 13 ( 19 4 1 (Tie) 1 - I (Tie)) Robbinsdale 9 14 1 13 9 1 9 3 1 19 4 1 (Tie) I (Tie) i (Tie)I Mean 15 1 16 1 7 118 Median 12 1 14 7,5 ( 18 1 *For a variety of reasons the information.in this table is only generally accurate. It does indicate the general magnitude of activity on each cate gory of programs but should not be assumed to be more accurate than that. It should also be noted that the Listing f sports activities g p es in particular is not an accurate indication of the degree to which programs are available in a particular city. Many cities have large sports programs run by pri- vate athletic associations. 6 FIGURE 3 ESTIMATED RECREATION PARTICIPATION (1983) RATIO OF PARTICIPANTS COMMUNITY NUMBER OF PARTICIPANTS 1983 POPULATION TO COMMUNITY RANK Robbinsdale '.8,600 14,070 61 1 Crystal 14,000 24,890 .56 2 Eden Prairie 10,700 +(23,000 swim lessons) 19,700 .54 3 Maplewood 13,500 +(10,500 r Puppet Shows) 27,780 .49 4 Roseville 17,200 35,920 .48 5 Mounds View 5,900 12,800 .46 6 Brooklyn C 13,200 30,840 .43 7 Plymouth 14,800 +(3,800 Puppet Shows) 35 .42 8 ,*den netonka /Hopkins 20,424 55,170 .37 9 Valley 7 22,380 .32 10 Minnetonka Only 11,588 40 .29- 11 New Brighton 6,100 +(3,400 Puppet Shows) 23,360 26 12 Edina 10,700 45,340 .24 13 Richfield 8,300 37,240 22 14 Brooklyn Park 6,800 46,910 .14 -15 Mean .40 Median .425 9 FIGURE 5 APPROXIMATE NUMBER OF PARTICIPANTS IN MAJOR ADULT SPORTS PROGRAMS (1983)* COMMUNITY NUMBER OF PARTICIPANTS RANK Minnetonka /Hopkins 7870 1 Brooklyn Center 5730 2 Roseville 5150 3 Eden Prairie 4140 4 Plymouth y 3940 5 Maplewood 3020 6 Edina 2670 7 j New Brighton 2300 g Golden Valley 2070 9 Brooklyn Park 1670 10 Mounds View 1 1470 11 Crystal 1170 12 Robbinsdale 1040 13 Richfield 590 14 Mean: 3059 Median 2485 * For a variety of reasons the information in this table is only generally accurate. It does indicate the general magnitude of par- ticipation but should not be assumed to be more accurate than that. It should also be noted that many communities have large adult sports programs run by private athletic associations. 11 FIGURE 7 FEE SUPPORT OF RECREATION PROGRAMS (1983) COMMUNITY BUDGET REVENUE % RANK Mounds View $ 77,425 $ 81,971 .106% 1 New Brighton 170,200 130,000 76% 2 Roseville 320,000 205,152 64% 3 Plymouth 256,874 153,014 60% 4 (Tie) Robbinsdale 272,479 164,681 600 4 (Tie) Minnetonka- Hopkins 437,069 250,081 57% 6 (Tie) Brooklyn Center 821,661 468,533 57% 6 -(Tie) Eden Prairie 154,560 79,604 52% 8 Golden Valley 270,000 101,000 37% 9 r 246,455 77,548 31% 10 Brooklyn Park 800,000 213,000 27% 11 Richfield 233,000 36,000 16% 12 Maplewood 720,000 95,000 13% 13 Edina 358,000 38,000 11% 14 v Mean 47/0 Median 52.5% 15 TO: JERRY SPLINTER � c youz .fin fozma1ion FROM: ANN WALLERSTEDT C011 DATE: September 10, 1986 M ,,.r w RE: REVISED FUNDING REQUEST FOR MEDIATION SERVICES IN THE Rojec t AMOUNT OF $6, 000 FOR FISCAL YEAR 1987 FROM THE CITY OF BROOKLYN CENTER, MN. The Brooklyn Center Mediation Project (BCMP) is a non - profit, community -based organization offering dispute resolution services to residents and businesses of the north suburban Hennepin County. It was established in April, 1983. Volunteer mediators were trained and a community awareness program was launched. BCMP began mediating cases in June of that same year, just three months after it was established. The mission of the organization is to serve north suburban Hennepin County by (a) providing means t om g snags and resolve conflict b e .. enhancing and ( ) n supple g pp menting the area legal system, (c) educating the general population about medi ation and the BCMP as a community resource, and (d) promoting mediation as an acceptable approach to problem solving. Mediation services are available at this time without charge to clients. Medi ation is a bipartisan process for the resolution of juvenile crime, community concerns and neighborhood problems. In this process, parties must voluntarily , agree to meet with a neutral third -party mediator (for BCMP, this is a trained volunteer) to discuss the problem and explore options for settlement. The volunteer's role is to facilitate the negotiation, remain impartial at all times, and to help create options if nemessary. The parties take responsibility themselves for the outcome of the mediation conference. Mediators work with i parties to arrive at mutually acceptable solutions. In 1984, 76% of mediations 5136 North Lilac Drive • Brooklyn Center, MN 55429 • Telephone: (612) 536 -1121 page two held resulted in,a settlement; in 1985, 87.7 %. Of those mediated and settled, there was compliance with the agreement in 9 out of every 10 cases. Volunteers are providing respectful, significant services to persons who learn problem solving skills that have application to other areas of 'their lives. The organization seeks to attract a variety of case from a wide range of sources. Cases include conflicts between neighbors, interpersonal disputes, problems between consumers and business, between landlord and tenant, friends and acquain- tances. The police departments of several municipalities in the BCMP service area (including the Brooklyn Center Police), and department heads of the same, refer cases to BC's where there is clearly no legal or enforcement issues. Most of these complaints do not require the specidif expertise of police officers or city staff, but generally demand significant time; time - that could be otherwise spent in productive management and enforcement activities. A referral to BCMP ensures prompt attention to arties from rom an organization specializing in issue identification and resolution and at the same time recognizing and addressing resident's needs. Another benefit of using BCMP services is to resolve troublesome issues without placing the City in the position of establishing precedence in particular situations. An effective referral arrangement with BCMP has resulted in savings of staff and officer time which might have been invested without positive result. BCMP adds to the present resources of Brooklyn Center to effectively meet the needs of area residents and to offer the option of s non- adversarial resolution process. In addition to the services explained about, BCMP offer a unique program in conjunction with the Brooklyn Center Police Department. This is referred to as the Juvenile Mediation Program. The BCPD uses the program as a source of court diversion for first -time juvenile shoplifting offenders in the Brookdale area. Brooklyn Center Police Chief has commented that he believes first -tine page three juvenile offenders who are made accountable for their actions are less likely to become repeat offenders. One could draw the conclusion that eventually there would be a reduction in juvenile crime in the area. BCMP brings together the you, his or her parents, and the injured party into an informal setting to resolve the problem and deal with the violation of a community standard and code of conduct. Ninety- . nine percent of the cases referred were actually mediated and have all resulted in a settlement. Dispositions for juvenile cases have been agreements to seek individual or family counseling; to establish rules for reasonable conduct; to perform an agreed upon number of hours of community service in the community where the offense was committed; to make restitution; or to apologize. BCMP, data shows that most youth offenders do not go far from home to commit their first shoplifting offense. BCMP draws the conclusion that this kind of juvenile delinquency is a community problem. BCMP also sees a need for a program in the community like mediation for children and adolescents which address ethics, morals and values at a level they understand; a program that allows them to make decisions for positive action/consequence experiences; a system that can respond quickly; and a need for a program that encourages productive parent/ child interaction. The juvenile and parents must come face -to -face with the victim, acknowledge the .crime and account for it in a constructive way. The local.community is impacted positively by individual who through mediation acknowledge concern for the welfare of others, participate in positive decision- making, learn life skills and are willing to assume responsibility ad commitment to community standards and values. PERSONNEL The BCMP is staffed by a part -time paid director. The BCMP program and services., however, has a bulwark of volunteers. On an annual basis, these volunteers contri- bute nearly 5,000 hours of service to the community. (At $5.00 an hour, the contribution approaches $25,000.) page four The paid staff is primarily responsible to raise funds; recruit, trd n and supervise volutneers; promote the organization and to develop program and services. It is the volunteer who provides the strength of this community- based organization and the professional quality of the volunteer's service which provides the credibility for BCMP. Support from the City of Brooklyn Center will keep these volunteers at work. SOURCES OF INCOME The BCMP is supported by private business contributions, donations from individuals, foundation grants and corporate giving programs. BC1 is seeking funding for its 1987 budget from additional sources. BCMP has approached municipalities for funds where mediation can be seen to reduce burdens upon city staff and police officers. BCMP is seeking funds from Hennepin County as it has the capacity to relieve court calendars and to reduce court costs. BCMP is developing policy and procedures which allow for the contracting of services and fees on a per case basis. Income of in -kind services is difficult to value. We have received offers of office space use, equipment and staff support time, free advertising as well as free service for plumbing needs, electrician services and air conditioner maintenance. ATTACHMENTS 1985 Case Summary 1986 Caseload Statistics Annual Summary of Volunteer Hours 1987 Projected Budget JANUARY, 1985 - DECEMBER, 1985 % of Cases of Cases of Cases Mediated 1. Case File Opened 100 _100% 2. Mediation Conference Held a. Settlement agreement reached 36 36% 87.7% b. No agreement 5 5% 12.3% 3. Reconciliation 9 9% 4. Information or Referral 4 4% 5. Parties Unwilling 24 24% 6. Unable to Contact 8 8% 7. Cases tending 10 10% 8. Other 4 4_ 100 100% 100.0 % - Relationship of Parties Domestic Neighbor Landlord Business Employer Agency Juvenile Tenant Consumer Employee_ - Client 9-% 27% 11% 23% 3% 1% 18% Property Business Friends Inter- - Settlement Partners Personal 3% 1% 2% 2 % Note: The reason there are 99 numerical cases, but 100 actual cases is because Case #198 had two OP's and were mediated seperately_ but ' had one file. BROOKLYN CENTER MEDIATION PROJECT Mid —Year Statistics January 1, 1986 - June 30, 1986 NEIGHBORHOOD JUVENILE TOTAL Cases Fending 12/31/85 2 12 14 Cases Opened 1/1/86 — 6/30/86 49 54 103 Case Development Mediated 14 56 70 Settled /SA 12 56 68 No Settlement - Agreement 2 0 2 Information only 9 0 9 Conciliation after information but without 7 0 7 mediation Unwilling party 9 1 10 Other 4 12 Awaiting mediation 6/30/86• 8 7 15 Closure after survey and compliance 31 4 35 Cases Open 6/30/86 2 18 20 JULY 1986 Neighborhood Juvenile Total 1. Cases Open 7/1/ 2 18 20 2. New Cases 6 18 24 3. Case Development mediated & settled 3 10 13 mediated /not settled 3 - 3 reconciliation - - _- information/referral refusal to mediate 1 _ other (unable to contact) - 1 1 4. Open 7/31,86 8 36 44 AUGUST 1986 Neighborhood Juvenile Total- 1. Cases open 8/1/86 $ 36 44 2. New Cases 7 3 10 3. -Case Development mediated settled 4 7 11 mediated /not settled - reconciliation 1 _ 1 information /referral _ refusal to mediate 4 _ 4 other _ 4. Open 8/31/86 15 39 54 ANNUAL SUMMARY OF VOLUNTEER HOURS — BROOKLYN CENTER MEDIATION PROJECT 1986 Mediators 146 mediations x 3 hrs. 438 hrs. Case Development 201 cases x 5 hrs. = 1025 hrs. Staff Support 1 volunteer x 2 hrs. x 52 104 hrs. Directors 15 volunteers x 3 hrs, x 12 = 540 hrs. Representatives to 1 volunteer x 2 hrs. x'12 = 48 hrs. organizations 3 volunteers x 1. hrs. x 6 = 5 27 hrs.. Committees 10 volunteers x 2 hrs. x 2 = 40 hrs. Newsletter 10 volunteers x 10 hrs. x 9 = 900 hrs. Trainers 1 volunteer x 45 hrs. plus 12 volunteers x 3 hrs = 81 hrs. Training 17 volunteers x 25 hrs. = 425 hrs. 29 volunteers x 8 hrs. = 232 hrs. Juvenile service 109 volunteers x 10 hrs. = 1090 hrs. Court Referred 4 volunteers x 20 hrs. = 80 hrs. Misc. 52 volunteers x 2 hrs. = 104 hrs. TOTAL 5134 hrs. Valued at $5.00 per hour, volunteers provided $25,670.00 service to the community. These hours are the equivalent to 2.46 full time staff people. BROOKLYN CENTER MEDIATION PROJECT Projected Budget 1987 EXPENSES Staff Director* $10,000.00 #.50 employee Admin. Asst.** 7,000.00 # #1.0 employee Secretary* 4,000.00 Employee Benefits 2,520.00 Rent 2,000.00 Telephone 1,000.00 Training Initial 1 Ongoing 00.00 � g 5 Office Supplies 900.00 Postage 1,100.00 Photocopy 600.00 Forms 500.00 1 Brochures 1,000.00 Insurance 1,000.00 Accounting & Tax Service 400.00 Staff Mileage 400.00 Capital Expense 500.00 Promotion 500.00 Technical Assistance 2,000.00 Staff Development 500.00 Misc. 500.00 TOTAL EXPENSES $37 5 920.00 INCOME: SOURCES State - - ---- County 12,000.00 Municipal 10 Fee for Service 3,000.00 Grants 6,920.00 Business Major 3 ,500.00 Small 2,000.00 Local Organizations & Individuals 500.00 TOTAL INCOME $37,920.00