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HomeMy WebLinkAbout1985 11-18 CCP Regular Session T CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 18, 1985 7:OO p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 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 Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes a. November 4, 1985 - Regular Session *b. November 5, 1985 - Special Session 7. Resolutions: * a. Requesting a Permit to Construct Part of a Golf Course on State Property *b. Amending Certified Diseased Shade Tree Removal Assessment Roll *c. Amending the 1986 General Fund Budget to Provide for the City's Contribution to the Five Cities Senior Transportation Project *d. Entering into a Tax Increment Agreement with the HRA e. Awarding the Sale of $5,250,000 General Obligation Tax Increment Bonds, Series 1985A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment *f. Expressing Recognition of and Appreciation for the Dedicated Public Service of George Mayleben 8. Ordinance a. An Ordinance Vacating an Easement in Outlot 8, Ryan Lake Terrace Addition, Hennepin County, Minnesota -This ordinance is offered for a first reading this evening.' b. An Ordinance Amending Chapter 17 of the City Ordinances to Add Martin Luther King, Jr. Day as a Defined Holiday and Eliminate Columbus Day as Defined Holiday. -This ordinance is offered for a first reading this evening. 9. Public Hearing: (7:30 p.m.) a. Public Hearing on 1985 Single Family Revenue Bond Program 1. Resolution Adopting a Housing Bond Program for the Issuance of Single Family Mortgage Revenue Bonds, Authorizing Submission of Same to the Minnesota Housing Finance Agency, and Approving a Policy Report of the City of Brooklyn Center CITY COUNCIL AGENDA -2- November 18, 1985 10. Discussion Items: a. Sewer Lift Claim Filed by Mrs. Phillip Bailey b. Status Report on 1986 Budget Questions and "Hold" Items 1. Fire Department Carryall 2. Ultimaps 3. Automated Fire Department Reporting System 4. Attorney Fees *c. Report on Amusement Device License Fee Survey d. 1986 Council Meeting Schedule e. Establishment of Mayor's Group Joint Powers Agreement 11. Consideration of Specified Licenses: a. On -Sale Intoxicating Liquor Licenses Class A ($8,000 per year) - General Mills Restaurant Group (Red Lobster) -Yen Ching b. On -Sale Intoxicating Liquor Licenses Class B ($11,000 per year) - Midwest Restaurant Associates (T. J. Applebee's) -Earle Brown Bowl -Green Mill -Brock Hotel Corporation (Holiday Inn) -C. A. Muer Corporation (Chuck Muer's) -T. Wrights c. On -Sale Intoxicating Liquor License Class C ($14,000 per year) - Lynbrook Bowl d. On -Sale Sunday Intoxicating Liquor License ($200 per year) -Red Lobster, Yen Ching, T. J. Applebee's, Earle Brown Bowl, Green Mill, Holiday Inn, Chuck Muer's, T. Wrights and Lynbrook Bowl e. On -Sale Club License -Duoos Brothers American Legion (132 members - $300 per year) f. On -Sale Wine License Denny's *12. Licenses 13. Adjournment T 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 NOVEMBER 4, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:10 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Deputy City Clerk Geralyn Barone. Mayor Nyquist noted that Councilmember Gene Lhotka was out of town and absent from this evening's meeting. INVOCATION The invocation was offered by Pastor Bob Zeimes of United Methodist Church. RECESS The Brooklyn Center City Council recessed at 7:11 p.m. and reconvened at 7:20 p.m. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Theis requested that item 8a be removed from the Consent Agenda. Mayor Nyquist also removed item 7a from the Consent Agenda. The City Manager noted a change in agenda item 10d, pointing out that the word "candle" had been eliminated from the resolution. APPROVAL OF MINUTES - OCTOBER 21, 1985 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the City Council meeting of October 21, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PROCLAMATION Councilmember Scott introduced the following proclamation and moved its adoption: DECLARING THE WEEK OF DECEMBER 15 -21, 1985 AS NATIONAL DRUNK AND DRUGGED DRIVING AWARENESS WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against: 11 -4 -85 -1- none, whereupon said proclamation was declared duly passed and adopted. PERFORMANCE BOND REDUCTION FOR HIGHWAY 100 TENNIS CLUB, 4001 LAKEBREEZE AVENUE NORTH There was a motion by Councilmember Scott and seconded by Councilmember Theis to reduce the performance bond to $30, 000 for Highway 100 Tennis Club, 4001 Lakebreeze Avenue North. Voting in favor: Mayor Nyquist, Couneilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PERFORMANCE BOND REDUCTION FOR MADSEN FLORAL TOWNHOUSES, 55TH AND ALDRICH DRIVE There was a motion by Councilmember Scott and seconded by Councilmember Theis to reduce the performance bond to $10,000 for Madsen Floral Townhouses, 55th and Aldrich Drive. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTON NO. 85-194 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF NANCY MANSON The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -195 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CERTAIN TECHNICAL ADJUSTMENTS AND REVISIONS TO EARLE BROWN FARM REDEVELOPMENT PLAN AND EARLE BROWN FARM TAX INCREMENT DISTRICT PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -196 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 62373 BETWEEN THE CITY OF BROOKLYN CENTER AND THE STATE OF MINNESOTA, PROVIDING FOR THE INSTALLATION OF CROSSING GATES AND FLASHERS AT THE SOO LINE RAILROAD CROSSING ON FRANCE AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 11 -4 -85 -2- a RESOLUTION NO. 85 -197 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION INVITING CITIZENS TO LIGHT PORCHLIGHTS OR OTHER LIGHTS FROM DUSK TO DAWN ON NOVEMBER 19 AND 20, 1985 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof : Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Peking Place 5704 Morgan Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Denne's Market 6912 Brooklyn Blvd. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PROCLAMATIONS (CONTINUED) Mayor Nyquist stated that he had some problems with the wording of the proclamation on All American Buckle Up Week, particularly the third and fourth paragraphs of the proclamation. He pointed out that the public does not always hear about those injuries or deaths occurring when seat belts contributed to those injuries or deaths. There was a motion by Councilmember Scott and seconded by Councilmember Theis to amend the Proclamation Declaring the Week of November 24-30, 1985 as All American Buckle Up Week by deleting the third and fourth paragraphs from the proclamation. Councilmember Hawes asked if the paragraphs could be revised rather than removed. He suggested replacing the word "reduce" with "prevent" in the third paragraph, and suggested that in the fourth paragraph, the statement be revised to say "the use of safety belts and child safety seats contribute to child safety ". After some discussion by the Council, Councilmember Scott agreed to amend her motion by completely deleting the third paragraph but revising the fourth paragraph to state "whereas, the use of safety belts and child safety seats contributes to child safety; and ". Councilmember Theis did not object to the amendment. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING THE WEEK OF NOVEMBER 24-30, 1985 AS ALL AMERICAN BUCKLE UP WEEK 11 -4 -85 -3- The motion for the adoption of the foregoing proclamation was duly seconded by member Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against: none, whereupon said proclamation was declared duly passed and adopted. PERFORMANCE BOND RELEASE FOR EARLE BROWN FARM ESTATES, 5TH ADDITION, XERXES PLACE AND FREEWAY BOULEVARD Councilmember Theis noted that at one time the landscaping plans for this project had been discussed, and he asked how the plans had been implemented. The Director of Planning & Inspection stated the plan has been completed and the total number and approximate locations of the landscaping conform to the plan. Councilmember Theis said he thought the shrubbery was supposed to be more dense, and asked to see a comparison between the proposed landscaping plans and what is actually in place. There was a motion by Councilmember Theis and seconded by Councilmember Scott to table the performance bond release for Earle Brown Farm Estates, 5th Addition, Xerxes Place and Freeway Boulevard until the next meeting when plans are available. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Agreement with A.E.C. Engineers and Designers for Professional Engineering Services Relating to Inspection and Reconditioning of Water Tower No. 3 (located south of T. H. 100, West of Lions Park) . He said staff recommends that water tower No. 3 be inspected and scheduled for reconditioning in the spring of 1986. He added the resolution provides for establishment of the project and for hiring of A.E.C._ to provide condition inspection, preparation of specifications and inspection of the work of the contractor. Councilmember Hawes commented that the bottom of the water tower is black, and the City Manager stated this is from bacterial growth. The Director of Public Works noted that several other cities have experienced the same type of problems with the bacterial growth on water towers of the simiiar shape to water tower No. 3. He added that the use of a glossy paint is the best preventative for the growth, but it is not guaranteed. Councilmember Scott asked if any type of cleaning process is available for the years in between the painting of the water tower to prevent the bacterial growth; and the Director of Public Works stated that the use of high pressure hoses has proved not to be effective for the problem. He added that some other cities have used chemical treatments for the problem, but found this was not approved by the Department of Natural Resources. Councilmember Theis asked if it is necessary to paint both the inside and the outside of the water tower, and the Director of Public Works stated that it will not be necessary to do so in this case. RESOLUTION NO. 85 -198 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH A.E.C. ENGINEERS AND DESIGNERS FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO INSPECTION AND RECONDITIONING OF WATER TOWER NO. 3 (LOCATED SOUTH OF T.H. 100, WEST OF LIONS PARK) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: 11 -4 -85 -4- Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Acquisition of a Portion of Outlot A. Bellvue Acres Addition. He noted this property lies between Lyndale Avenue and the Mississippi River, opposite 5421 Lyndale Avenue North. He added it is proposed that the City acquire this property for use as park and open space. Councilmember Scott stated she feels this is a good time for the City to purchase the property, and asked if the State can be contacted to determine if money is available. The City Manager noted that it is unlikely that money is available at this time, and briefly discussed the possibility of this. Councilmember Scott asked if the City would keep the property mowed, and the City Manager responded affirmatively. Councilmember Theis requested that staff explore the option t q p p on wi h the Metropolitan Open Space Board for acquisition of water front land, RESOLUTION NO. 85 -199 Member Celia Scott introduced the following resolution g olu on and moved its adoption: RESOLUTION APPROVING ACQUISITION OF A PORTION OF OUTLOT A, BELLVUE ACRES ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being aken thereon the following voted in favor thereof: g , g Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON A PROPOSED PROJECT AND ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS _. _ _ The City Manager stated this item relates to the proposed project for Ryan Construction Company and this is the second of two public hearings scheduled for the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on a Proposed Project and Issuance of Industrial Development Revenue Bonds. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on a Proposed Project and Issuance of Industrial Development Revenue Bonds. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis.. Voting against: none. The motion passed. RESOLUTION NO. 85 -200 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT (BROOKDALE CORPORATE CENTER III PROJECT): REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL: AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis and upon vote being taken thereon, the following voted in favor thereof: 11 -4 -85 -5- Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and • adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85034 SUBMITTED BY REYNOLDS HOMES, INC. REQUESTING A VARIANCE FROM SECTION 35 -410 OF THE ZONING ORDINANCE TO ALLOW ENCROACHMENT OF CERTAIN DECKS INTO THE REQUIRED - 15' BUFFER AREA ADJACENT TO R1 ZONED PROPERTY AT THE MADSEN FLORAL TOWNHOUSE DEVELOPMENT AT 55TH AND ALDRICH DRIVE The City Manager noted this item was recommended for denial by the Planning Commission at its October 24, 1985 meeting. The Director of Planning & Inspection referred the Council to pages one and two of the October 24, 1985 Planning Commission meeting minutes. He reviewed the request and pointed out that all standards for a variance must be met in order for approval. He stated the Planning Commission did not feel the standards for a variance could be met, and noted the Planning Commission recommendation for denial on page two of the October 24, 1985 Planning Commission minutes. The Director of ,Planning & Inspection stated a public hearing is scheduled for this evening, notices have been sent, and the applicant is present. There was a brief discussion by the Council on the encroachments of the decks and any possible modifications of the decks. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85027. Councilmember Theis asked the applicant if he had conversed with the party whose property is encroached by one of the decks. Mayor Nyquist recognized the applicant, Mr. Les Reynolds, who stated that he had spoken with the property ,owner several times and was unable to reach a compromise. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on Application No. 85034 submitted by Reynolds Homes, Inc. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Theis stated he agrees with the Planning Commission recommendation that the variance requirements have not been met. There was a motion by Councilmember Theis and seconded by Councilmember Scott to deny Application No. 85034. Councilmember Hawes asked if only four properties are involved in the denial, and Councilmember Theis responded affirmatively. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85035 SUBMITTED BY LUTTERMAN HOMES REQUESTING SITE AND BUILDING PLAN APPROVAL CONSTRUCT A FOUR UNIT TOWNHOUSE /APARTMENT BUILDING ON THE VACANT PARCEL EAST OF BURGER KING AND SOUTH OF THE P.B.T. CLINIC The City Manager noted this item was recommended for approval by the Planning Commission at its October 24, 1985 meeting. The Director of Planning & Inspection referred the Council to pages two through four of the October 24, 1985 Planning Commission meeting minutes and the attached informational sheet with those minutes. He reviewed the application and noted the Planning Commission recommended approval 11 -4 -85 -6- of the application subject to eight conditions listed on page three of the October 24, 1985 Planning Commission minutes. He added that no public hearing is required and the applicant is present at this evening's meeting. Councilmember Scott requested to review the plans, and the Director of Planning & Inspection presented and reviewed those plans with the Council. Councilmember Hawes asked if any problems would occur for the P.B.C. clinic for snow removal, and the Director of Planning & Inspection stated that they should not have any more problems than what they already have. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 85035 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3• A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B6 curbing may be installed as a continuation of the existing B6 curbing on the site. 7. Plan approval acknowledges a density credit of 2,000 sq. ft. for four under - building parking stalls. The development is considered to contain three townhouse units and one apartment unit. Four units are allowed because 16,653 sq. ft of site area allows for more than 3.5 units when density credits are calculated. 8. The plans shall be modified prior to the issuance of permits to indicate: a) Type of curbing and where new curbing will be installed. b) Utility services to the units within the development. c) Sod in all green areas disturbed by construction. d) Provision of a landscape schedule showing all plantings by size, quantity and type. 11 -4 -85 -7- e) The building elevations shall be redrawn to reflect the physical realities of the proposed site. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NOS. 85036 AND 85037 SUBMITTED BY CITY OF BROOKLYN CENTER REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO DEVELOP A GOLF COURSE ON THE VACANT LAND WEST OF LIONS PARK ALONG SHINGLE CREEK, SOUTH OF T. H. 100. THIS ALSO INCLUDES A REQUEST FOR A FL00D PLAIN SPECIAL USE PERMIT TO ALLOW FILLING, EXCAVATING AND REGRADING IN THE FLOODWAY ZONE The City Manager stated this item was recommended for approval by the Planning Commission at its October 24, 1985 meeting. The Director of Planning & Inspection referred the Council to pages four through six of the October 24, 1985 Planning Commission meeting minutes and the informational sheet attached with those minutes. He reviewed the requests, and noted the Planning Commission recommended approval of both applications, with Application No. 85036 subject to eight conditions and Application No. 85037 subject to two conditions. The Director of Planning & _Inspection added that the Planning Commission also recommended an ordinance amendment to revise the boundary of the floodway. The Director of Public Works stated the Department of Army and the Shingle Creek Watershed Management Commission have approved the proposal. He reviewed the tentative time schedule for the golf course, pointing out that construction should be started by mid- January. He added that some of the work is best accomplished in the winter months. Councilmember Scott asked if there have been an soil y borings yet, and the Director of Public Works responded affirmatively. He noted that the architect is reviewing those soil borings at this time. Councilmember Scott asked if adequate borings will be taken, and the Director of Public Works said there would be, adding that precise borings are taken at the locations of the buildings and the bridges. Councilmember Theis asked how deep the peat is in the area of the buildings, and the Director of Public Works said at one corner of the clubhouse it is 15 feet deep, and 20 feet deep at the deepest corner. Councilmember Hawes noted that the clubhouse will be built in the fringe area and asked if it can be built one foot above the flood plain. The Director of Public Works said the clubhouse will be built two feet above the 100 year flood plain. He added that a flood would inundate the parking lot, some of the fairways and the Little League fields, but the greens and the clubhouse would be above the 100 year flood plain. Councilmember Hawes asked if the construction of the parking lot will be after the Little League has completed its 1986 summer season, and the Director of Public Works responded affirmatively. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application Nos. 85036 and 85037, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application Nos. 85036 and 85037• Voting in favor: 11 -4 -85 -8- Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 85036 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3• Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. The .building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The permit is subject to all applicable codes, ordinances and regulations. 8. An ordinance amendment relocating the floodway boundary of Shingle Creek south of Highway 100 shall become effective prior to issuance of building permits for the proposed clubhouse. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Application No. 85037 subject to the following conditions: 1. The grading plans for the proposed golf course are subject to review and approval by the Shingle Creek Watershed Commission as to adequate hydraulic capacity in the Shingle Creek flood plain south of Highway 100 and north of 53rd Avenue North. Adequate capacity shall be p Y equal to the existing capacity of approximately 90 acre feet of water retention. 2. Informational requirements and necessary approval shall be obtained prior to the commencement of grading within the flood plain. • Mayor Nyquist asked if the hydraulic capacity meets the requirements of the Shingle Creek Watershed Commission, and the Director of Public Works responded 11 -4 -85 -9- affirmatively. The Director of Public Works proceeded to review the conditions imposed by the Shingle Creek Watershed Commission. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed Councilmember Scott asked if official action is needed to recommend the ordinance amendment to revise the boundary of the floodway, and Mayor Nyquist stated this is not necessary. PLANNING COMMISSION APPLICATION NO. 85032 SUBMITTED BY ARBY'S REQUESTING A VARIANCE FROM SECTION 34 -140, SUBSECTION 3.A.1.B. OF THE SIGN ORDINANCE TO ALLOW A TENANT IDENTIFICATION WALL SIGN ON THE CANOPY ABOVE THE NORTHWEST ENTRANCE TO BRROOKDALE MALL AND NOT ON EXTERIOR WALL SPACE OF ARBY'S TTENANT SPACE The City Manager noted this item was recommended for approval by the Planning, Commission at its October 10, 1985 meeting and tabled by the City Council at its October 21, 1985 meeting. The Director of Planning & Inspection reviewed the application request from the October 10, 1985 Planning Commission meeting minutes, and noted that the Planning Commission did recommend approval on page five of the October 10, 1985 Planning Commission meeting minutes. He stated that City staff does not feel standards for granting the variance are met, and added that he and the City Manager have met with the applicants to review the possible alternatives. The Director of Planning & Inspection stated that staff recommends the possibility of an ordinance amendment to allow those businesses not abutting the exterior walls of enclosed malls to post signs on the exterior walls. He added that the recommendation has also been made to set limitations on the amount of wall area to be used for signs. The Director of Planning & Inspection explained the alternatives available to Arby's, including the issuance of administrative permits, of which Arby's would be allowed to obtain two ten day permits. He added that the sign ordinance does permit signs to be posted inside of the windows, and it would be possible for Arby's to affix a sign to the inside windows at the entrance to the mall next to Applebee's restaurant. The Director of Planning & Inspection stated the staff recommendation that the variance be denied and suggested that staff be directed to review the provisions of the ordinance and make possible ordinance amendments. The City Manager noted that the Arby's management has requested a temporary variance to put the sign up and would guarantee removal of the sign if the City Council does not amend the ordinance. The City Attorney said he does not favor a temporary variance as it does not exist under Minnesota case law. He pointed out that Howe, Inc. received a temporary sign variance several years ago and it took the City three years after expiration of that variance to have the sign removed. He recommended that the ordinance be altered rather than dealing with this on a variance basis. There was some discussion by the Council and staff regarding the possibility of a temporary variance and the other alternatives of the administrative permit and posting a sign inside the window area. Mayor Nyquist asked about the use of the administrative permit, and the Director of Planning & Inspection noted that administrative permits are granted per location, and only two administrative permits are granted per year. The City Manager pointed out that a business may borrow another tenant's administrative permit. Councilmember Theis asked how permanent of a sign the administrative permit allows, 11 -4 -85 -10- and the Director of Planning & Inspection reviewed the provisions for the administrative permit. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85032. He recognized Mr. Tom Borman, who stated he served as general counsel for Arby's. He stated he disagreed with the City Attorney's conclusion regarding the temporary variance, and felt that Arby's would be able to enter into an agreement with the City that if after a certain period of time an ordinance is not adopted, the sign would be taken down. Mr. Borman requested further explanation of the administrative permit and the City Manager and Director of Planning & Inspection explained the process. The City Manager stated that Arby's can obtain an administrative permit immediately, and suggested that they look into the possibility of using the administrative permits of other tenants at Brookdale Center. Mayor Nyquist recognized Mr. Chris Cummins, Brookdale Center, who stated that leases with the other tenants at Brookdale Center are specific about not putting up exterior signage, and, therefore, does not feel that Arby's will be able to approach other tenants to use their administrative permits. The City Attorney pointed out that leasing agreements do not matter to the City, and so it is still possible for Arby's to obtain additional administrative permits. The City Manager stated that City staff will work with Arby's and Brookdale Center to resolve the situation. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Application No. 85032. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table Application No. 85032 with the concurrence of the applicant. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEMS NEGOTIATION WITH MN /DOT REGARDING T.H. 252 The City Manager noted that staff is prepared to discuss the current status of negotiations with MN /DOT relating to right -of -way acquisition, construction detail, and the future turnback of West River Road. The Director of Public Works stated the City is in the process of negotiating agreements and reviewed the memo from him to the City Manager dated October 31, 1985. The City Manager stated within the next two months MN /DOT will be requesting final approval of the plans and specifications, and he would like to know the feelings of the City Council on the issues. The Council and staff discussed the implications of the information in the memorandum to the City Manager from the Director of Public Works. The consensus of the Council was to stand firm on the City's requests at this time, and to involve the help of the state legislators in accomplishing the City's goals in this area. NONEXCLUSIVE LICENSE AGREEMENT WITH BROOKLYN CENTER NATIONAL LITTLE LEAGUE, INC. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the Mayor and City Manager to enter into a nonexclusive license agreement with Brooklyn Center National Little League, Inc. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 11 -4 -85 -11- Mayor Nyquist noted that a delegation will be leaving by chartered bus' for Cincinnati, Ohio on November 14, 1985 to attend the All America Cities competition. He stated that all City Council members are invited to attend. Councilmember Theis presented a recognition award for achievement in the provision of affordable home ownership opportunity from the Metropolitan Council and Association of Metropolitan Municipalities to the City of Brooklyn Center. He said he received this at a meeting of the Metropolitan Council and Association of Metropolitan Municipalities. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10:27 p.m. Deputy City Clerk Mayon 11 -4 -85 -12- le2b 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 NOVEMBER 5, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor Dean Nyquist at 8:45 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Deputy City Clerk Darlene Weeks, Clerk III Dolores Narey, and Administrative Assistant Geralyn Barone. CANVASS OF ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City election returns at the various City precincts, reporting ballots cast in the City of Brooklyn Center contests as follows: Office of Mayor _ Ballot Count Dean A. Nyquist 376 Write -ins Mayor Phil Cohen 1 Robert Swart 1 Frank Quigley 1 Bill Adler 1 Ron Blake 1 Office of City Council Member Gene A. Lhotka 369 Write -ins Councilmember Henry Dorff 1 Bill Adler 1 Bill Sodemann 1 Pee Wee Herman RESOLUTION NO. 85 -201 Upon completing the election canvass, member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF NOVEMBER 5, 1985 GENERAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 11 -5 -85 -1- ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 8:47 p.m. Deputy City Clerk Mayor 11 -5 -85 -2- Member introduced 'the following resolution and moved its adoption: RESOLUTION N0. REQUESTING A PERMIT TO CONSTRUCT PART OF A GOLF COURSE ON STATE PROPERTY WHEREAS, the City of Brooklyn Center proposes to improve Lot 16, Auditor's Subdivision No. 218, Hennepin County, Minnesota by constructing a golf course; and WHEREAS, the City plans to incorporate drainage system improvements that would protect the waters of Shingle Creek Basin from oil spills on Trunk Highway 100 tributary to the drain on said land; and WHEREAS, the Minnesota Department of Transportation has questioned the City of Brooklyn Center's ownership of part of said Lot 16, Auditor's Subdivision No. 218; and WHEREAS, the City desires a permit to construct and operate said golf course and drainage improvement before the ownership of the land is resolved: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the City request that the' - Minnesota Department of Transportation issue a permit to the City of Brooklyn Center to construct a golf course and drainage improvements on land claimed by the State of Minnesota while the question of ownership is resolved. 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. CITY 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: November 13, 1985 RE: Centerbrook Golf Course City ownership of a part of the Centerbrook Golf Course site has been questioned by the Minnesota Department of Transportation ( MNDOT) Right of Way Engineer, Earl Howe. The City Attorney, MNDOT and the State Attorney General's Office must resolve the question. The process could effect the construction schedule. Mr. Howe suggested that the City apply for a permit to construct a golf course on the property. With this permit the matter of ownership could be resolved while golf course construction could continue unaffected by the question, provided the permit was granted. Mr. Howe was not aware of any use MNDOT had for the property and expected the permit to be approved. The potential impact to the City is the chance that the City would have to purchase the parcel again, this time from the State. The parcel was originally purchased by the City from the Brunsells. Clearing up this matter could take years depending on the problems. In the end, the City can get the property no matter what happens so long as MNDOT issues the permit. It is recommended that City Council adopt the attached Resolution which would be transmitted to William Crawford, District Engineer for MNDOT. Approved or submittal, Sy Knapp Director of Public Works - - Member introduced the following resolution 74b and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CERTIFIED DISEASED SHADE TREE REMOVAL ASSESSMENT ROLL WHEREAS, nine properties, referenced on the attached assessment roll, were omitted from the special assessment rolls certified by Resolution 85 -174, Resolution Certifying Diseased Shade Tree Removal Cost to the Hennepin County Tax Rolls; and WHEREAS, all nine property owners were properly notified of the notice of public hearing on the proposed special assessments and declined to exercise their right to have their objections heard at the established public hearing held on Monday, September 23, 1985 at 8:00 p.m., local time; and WHEREAS, all nine property owners were notified of their right to defer assessments due to age or total disability and declined to file proper forms to the City Clerk in accordance with provisions stated in the City's deferrment of special assessment policy: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows:. 1. Said assessment rolls certified by Resolution No. 85-174 be ammended to include the nine properties omitted from the assessment roll established by the before mentioned resolution. 2. The City Clerk shall transmit proper notification to the County Auditor that the before mentioned nine properties be added to the certified assessment rolls certified by Resolution 85 -174 and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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. CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER EMERGENCY- POLICE- FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: November 14, 1985 - RE: Tree Removal Assessments Nine properties were inadvertently omitted from the assessment roll certified to the County Auditor and should now be added by informing Hennepin County of additions to the existing levy. All nine properties were properly notified of their right of public hearing and declined to exercise that right. Likewise, they were properly notified of the City's Deferral of Special Assessment Policy and declined to file the proper forms by the stated deadline. It is recommended that the nine properties be processed now so they can be included in the 1986 tax rolls. HRS : j n TREE "74e Sakcticc.cg mau n 0 i l LEVY DESCRIPTION LEVY TYPE: PROJECT NO. 1984 -01 TREE REMOVAL UNDER $300 ; LOCATION: VARIED YEARS: 3 CITY OF BROOKLYN CENTER MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLLS PAGE 1 OF 1 PROPERTY ASSESSED OWNER LEVY PROJECT PROPERTY ADDN. TOTAL Address Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL LOT BLOCK UNITS Addition /Legal Description Mailing Address 9863 01- 118 -21 -23 -0100 90060 $154.68 10 0 5818 Emerson Avenue North Charles 5 Elizabeth Hodge 6 Symalla's Addition 5818 Emerson Avenue North 11 Brooklyn Center, Minnesota 55430 9863 01- 118 -21 -33 -0096 89675 $158.70 9 2 5427 Emerson Avenue North Vernon 5 Suzan Reck & N. 8 E. Perkins Addition 5427 Emerson Avenue North 10 Brooklyn Center, Minnesota 55430 9863 02- 118 -21 -41 -0076 89580 $168.59 9 ' 3 5602 Logan Avenue North Richard J. Armstrong Meadowlark Gardens 5602 Logan Avenue North Brooklyn Center, Minnesota 55430 9863 03- 118 -21 -12 -0053 89667 $129.11 16 4 5936 Admiral Lane Marilyn J. Eng Pearson's Northport 3rd Addition 5936 Admiral Lane Brooklyn Center, Minnesota 55429 9863 10- 118 -21 -12 -0053 98540 $144.71 4 5120 Drew Avenue North Ruth E. Young Linden Shores on Twin Lake 5120 Drew Avenue North S 27 5/10 FT OF LOT 8 AND THE N 25 FT Brooklyn Center, Minnesota 55429 • OF LOT 9 9863 33- 119 -21 -13 -0100 89346 $294.35 27 2 5218 - 66th Avenue North Kenneth & Carol Peterson Donnay's Brook Lyn Gardens 4th Addition 5218 - 66th Avenue North Brooklyn Center, Minnesota 55429 9863 33- 119 -21 -42 -0088 89343 $171.80 33 2 6418 Unity Avenue North Donald E. Ruud Donnay's Brook', Lyn Gardens 2nd Addition 6418 Unity Avenue North Brooklyn Center, Minnesota 55429 9863 34- 119 -21 -24 -0011 89635 $144.71 4 1 6515 Brooklyn Boulevard Gregory J. Blazek s Northgate Addition 6515 Brooklyn Boulevard Brooklyn Center, Minnesota 55429 9863 35- 119 -21 -31 -0009 89390 $105.03 1 4 6501 Brooklyn Drive Mar Miller Y k � Tammie 11 r Garden City 1st Addition 6501-Brooklyn Drive Brooklyn Center, Minnesota 55430 ` I Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET TO PROVIDE FOR THE CITY'S CONTRIBUTION TO THE FIVE CITIES SENIOR TRANSPORTATION PROGRAM WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency, appropriation as part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, funds are available in the Council Contingency Fund in the amount of at least $8,000 to be transferred for general fund use; and WHEREAS, the City of Brooklyn Center is a participant in the Five Cities Senior Transportation Program; and WHEREAS, the City's contribution to said program was not budgeted for in the 1986 General Fund Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1986 General Fund Budget as follows Increase the Council Miscellaneous Budget Appropriation for dues and subscriptions, Account No. 4413, by $8,000; and BE IT FURTHER RESOLVED that the increased appropriation shall be financed from the Council Contingency Fund in the amount of $8,000. Date Mayor ATTEST: Clerk The motion for 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 7 moved its adoption: RESOLUTION NO. . CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY IN° AND FOR THE CITY OF BROOKLYN CENTER EARLE BROWN FARM REDEVELOPMENT TAX INCREMENT AGREEMENT THIS AGREEMENT, made and entered into this day of November, 1985, by and between- the City of Brooklyn Center, Minnesota, a municipal corporation organized and existing under and by virtue of its charter and the Laws of the State of Minnesota (the City) and the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Minnesota, a public body corporate and politic formed and existing under the Laws of the United States of America and the State of Minnesota (the Authority). WITNESSETH: WHEREAS, the Authority has approved a Redevelopment Plan and Tax Increment Financing District (TIF District) described in that certain document entitled "Earle Brown Farm Redevelopment and Tax Increment Financing Plan, City of Brooklyn Center, Minnesota, 1985" on file with the City Clerk and incorporated herein by reference (Project), and has by appropriate action established the TIF District and applied to the City Council of the City for approval of the.Project and related.Tax Increment_ Financing Plan (Plan); and WHEREAS, the City has by resolution adopted , 1985, duly ap- proved the Project, the Plan, and the TIF District; and WHEREAS, Minnesota Statutes, Section 273.77 authorizes and 'requires tax increment agreements between the Authority,and the City prior to the issuance of general obligations by the City to finance Project costs. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. The Authority hereby expressly agrees that so much of the tax incre- ment payments made to the Authority by the Hennepin County Auditor (Director of Property Taxation) from the Project shall be and are hereby pledged and assigned to the City as are necessary for the purpose of paying principal of, interest on and redemption premium (if any) on any and all general obligation bonds of the City issued for the financing of public redevelopment costs of the Project; provide,d however, that so much of such tax increments as are needed by the Authority to 'reimburse itself - for its expenditures heretofore' made for the public ,development costs of the Project (as identified in the Plan) may be retained by the Authority. The pledge made herein is expressly subject to the provisions of Minnesota Statutes, Section 273.75, Subdivision 2. 2. The City agrees that it will from time to time and at the request of the Authority issue its general obligation bonds in separate series of bonds to finance development costs in the TIF District in accordance with the Plan or any duly adopted modification thereof. RESOLUTION NO. 3. The City hereby acknowledges the request of the Authority to authorize and issue the City's general obligation tax increment bonds (Bonds) in the aggregate principal amount of not to exceed $ and agrees that it will authorize and issue such bonds. 4. All series of bonds issued pursuant to this Agreement shall be on a parity, one with the other, and the tax increments shall be used solely for the purposes specified in this Agreement. 5. The parities hereby mutually agree that it is the express intent and purpose of this Agreement to utilize the provisions of Minnesota Statutes, Sections 273.71 to 273.78, the Minnesota Tax Increment Financing Act (Act), to finance the development costs of the Project described in the Plan, and, subject to the provisions of Section 273.75 of the Act, that all tax increments received with respect to the Project Area shall be segregated by the Authority in a special account on its official books until the development costs of the Proj- ect, including interest on all money borrowed therefor, has been fully paid, and the City has been fully reimbursed from the tax increments for all principal and interest on the Bonds and any other bonds similarly issued and sold by the City which the City has issued in aid of the Project and any modification thereto, and any deficient in such principal Y p p and interest which the City has paid from taxes levied on other property within the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their. duly authorized officers on the day and year first above written. 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. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AWARDING THE SALE OF $5,250,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Brooklyn Center, Minnesota, (City) as follows: Section 1. Sale of Bonds 1.01. The bid of (Purchaser) to purchase $5,250,000 General Obligation Tax Increment Bonds, Series 1985A (Bonds) of the City described in the Official Terms of Offer- ing thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of -sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 1990 1997 1991 1998 1992 1999 1993 2000 1994 2001 1995 __. . 2002 1996 2003 The City Finance Director is directed to the good faith check of the Purchaser on behalf of the City pending completion of the sale and delivery of the Bonds and to return the checks of the unsuccessful bidders forth- with. The sum of $ being the amount offered by the Purchaser in excess of $5,150,250 shall be credited to the Debt Service Fund created by Section -3. 1.02. The City shall forthwith issue and sell the Bonds in the total principal amount of $5,250,000, originally dated as of December 1, 1985, the Bonds being in fully registered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered no. R -1 upward, bearing Resolution No. interest as above set forth, and which Bonds mature on February 1 in the years and amounts as follows: Year Principal Year Principal 1990 $ 50,000 1997 $360,000 1991 60,000 1998 430,000 1992 100,000 1999 510,000 1993 140,000 2000 595,000 1994 185,000 2001 690,000 1995 240,000 2002 795,000 1996 295,000 2003 800,000 The City may elect on February 1, 1996, and on any interest payment date thereafter, to prepay bonds due on or after February 1, 1997. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemp- tion is in part, Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. Section 2. Form: Registration 2.01. Registered Form The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates Each Bond .shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to August 1, 1985, in which case such Bond shall be dated as of December 1, 1985. The interest on the Bonds shall be payable .on February 1 and August 1 in each year, commencing August 1, 1986, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register The Registrar shall keep at its - principal corpo- rate trust office a bond register in which the Registrar shall provide" for the registration of ownership of Bonds and the registration of _transfers and exchanges of Bonds entitled to be registered,'trans- ferred or exchanged. (b) Transfer of Bonds Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a RESOLUTION N0. written`` instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an ,attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of,_ the - designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds Whenever any Bonds are surrendered by the registered owner for exchange the Registrar g stray shall authenticate t c i ate an d deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer When any Bond is pre- sented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall .incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether- such Bond shall be overdue or not, -for the purpose of receiving payment 'of, or on account of, the principal of and interest on such Bond and for all other purposes, and ''all = -such payments so made to any such registered owner or upon the owner's order -shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or.sums so paid. (g) Taxes, Fees and Charges For -every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof suffi- cient to reimburse the Registrar for any tax, fee or other govern- mental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, ;Lost, Stolen or Destroyed Bonds In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of- like amount,- number-maturity date and `tenor `in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reason- able- expenses and charges of the Registrar in connection therewith; and, in the case of a on P g Bond destroyed, stolen or lost, u filing with the Reg stray . of - _evidence satisfactory to it that-; 'such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon RESOLUTION NO. furnishing to the Registrar of an appropriate bond or indemnity in r form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so sur- rendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds - to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity f an g P y y proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemp- tion are on deposit with the place of payment at that time, 2.04. Appointment of Initial Registrar The City hereby appoints Minnesota, as the initial Registrar. The Mayor and the Manager -Clerk are authorized to execute and deliver, on behalf of the City a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the result- ing corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The e .City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a ' successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal o r interest due date P st , without further order of this Council the Finance Director shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery The Bonds shall be prepared under the direction of the Manager -Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the Manager - Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authen- tication on different Bonds need not be signed by the same representative. RESOLUTION NO. The executed certificate of authentication on each Bond shall be conclusive evidence that-it has been authenticated and delivered under this Resolu- tion. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver, the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.06. Form of Bonds The Bonds shall be printed in substantially the following form: [Face of the Bond] UNITED STATES OF-AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1985A Date of Rate Maturity Original Issue CUSIP December 1, 1985 No. R- KNOW EVERYONE BY THESE PRESENTS that the City of Brooklyn Center, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, com- mencing August 1, 1986, to the person in whose name this Bond is registered at the-close-of business on.the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presents- tion_: and surrender_1hereof, -..the principal hereof are payable in lawful money of the United States of America by check - or draft by Minnesota, as Bond Registrar, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal: and - interestas the same respectively become due, the faith and credit and taxing powers of the City have been and are hereby irrevo- cably pledged. RESOLUTION NO. The .City. may elect on February 1,. 1996, and on any interest payment date thereafter, to prepay bonds of this issue due on or after February 1, 1997. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific bonds to be e r aid will b p p 11 a chosen by lot by the Registrar.. All prepayments shall be at a price of par and accrued interest. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing said notice in the manner required b law. Q y Failure to • give such g notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed of its . behalf by the facsimile signatures of the Mayor and City Manager -Clerk and has caused this Bond to be dated as of the date set forth below. Dated:_ CITY OF BROOKLYN CENTER, MINNESOTA (facsimile) (facsimile) ' City Manager -Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. RESOLUTION NO. B , Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of, $5,250,000, all of like original date and tenor, except as to number, maturity date, interest rate, and provision for redemption, issued pursuant to a resolution adopted .by.the City Council--on November 18, 1985 (the Resolution), for the purpose of providing money to finance all or a portion of the public redevelopment costs of a project (Project) in a Redevelopment Tax Increment Financing District (District) in the City, pursuant y, p s ant to and in full conformity with the Constitution and the laws of the State of Minnesota, including Minnesota Statutes, Sections 273.71 to 273.78 and Section 462.411, et sec. and is payable primarily from tax increments resulting from increases in the assessed valuation of real ro ert p p q in the District pursuant to a tax increment agreement between the City and the Housing and Redevelopment Authority of the City of Brooklyn Center, dated November 18, 1985, but constitutes a general obligation of the City and, to provide moneys for the prompt and full payment of said principal and interest as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. The bonds of this series are issued only as fully registered bonds in denominations of - $5,000 or any integral multiple thereof of .single matu- rities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denomina- tions. Upon such transfer or exchange the City will cause a new Bond or • Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and -treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. _ IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the charter of the City nd the Const Y itu tion and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in RESOLUTION NO. accordance with its terms, have been done,_do exist have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) -- I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Brooklyn Center, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Manager -Clerk The following abbreviations, when used in the inscription of the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT - as tenants by entireties under Uniform Gifts to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby salls, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: RESOLUTION N0. Notice: The assignor's signature to this assignment must correspond with the name as it appears ;upon the face of the within Bond in every particular, with- _ alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust compaTly or by a brokerage firm having a membership in one of the major stock exchanges, The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint-account)_ Please insert social security or other identifying number of assignee 2.07`. The Clerk shall obtain a copy of the proposed approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which shall be complete except as to _ dating thereof and shall 'cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the form set forth in the form of Bond. The Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices.' Section 3. Security: Payment 3.01. The Bonds or additional bonds similarly authorized and issued shall be payable from the General Obligation Tax Increment Bonds, Series 1985A Debt Service Fund (Debt Service Fund) hereby created, and all tax increments (Tax Increments) from the Tax Increment Financfng District (the District) in which_. the Redevelopment Project (Project)—financed,--by-,the Bonds .is___1ocated_xeceived_,by the City pursuant to the Tax Increment Agree- ment (Agreement) dated November 18, 1985 between the City and the Housing and Redevelopment Authority of the City of Brooklyn Center are hereby irrevocably appropriated and pledged to the Debt Service Fund to pay principal of and interest on the Bonds. If any payment of principal or interest. on. the Bonds _shall.become due when there is not sufficient money RESOLUTION NO. in the Debt Service Fund to pay the same, the Finance Director shall pay such principal or interest from the general fund of the City and such fund may be reimbursed for such advances out of proceeds of the Tax Increments when received. 3.02. It is determined that the proceeds of the Tax Increments as received will be adequate to pay principal and interest on the Bonds when due and that no tax levy pursuant to Minnesota Statutes, Section 475.61 is needed at this time. The Manager- Clerk is directed to file a certified copy of the resolution with the Director of Property Taxation of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63. 3.03. The maturity schedule of the Bonds is hereby combined with the maturity schedule of the City's $2,625,000 General Obligation Improvement Bonds 1982, dated December 1, 1982 for the purpose of complying with Minnesota Statutes, .Section 475.54 Subdivisions 1 and 2. 3.04. The Housing and Redevelopment Authority of the City has presented to this Council -- -- an executed Tax Increment Agreement, ree en t a g form of which has been reviewed b the he Council and which is on file with the City Manager- Clerk. The Mayor and the City Manager - Clerk are authorized and directed to execute and deliver the Tax Increment Agreement on behalf of the City. Section 4. Authentication of Transcript 4.01. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and market- ability of the Bonds such instruments, including any heretofore fur- nished, shall be deemed representations of the City as to the facts stated therein. 4•.02.. The Mayor, Manager and Finance Director are hereby authorized - and directed, to certify that they have examined the Official Statement, dated November 4, 1985 prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. A RESOLUTION NO. • 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. SPRINGSTED INCORPORATED VZ PUBLIC FINANCE ADVISORS $5,250,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A CITY OF BROOKLYN CENTER, MINNESOTA AWARD: NORWEST INVESTMENT SERVICES FIRST BANK MINNEAPOLIS THE FIRST NATIONAL BANK OF SAINT PAUL PIPER, JAFFRAY & HOPWOOD, INCORPORATED PAINEWEBBER INCORPORATED and Associates SALE: November 18 1985 Mood 's Rating: A � Y 9 Interest Net Interest Bidder Rates Price Cost & Rate NORWEST INVESTMENT SERVICES 6.30% 1990 $5,150,250.00 $5,661,714.17 FIRST BANK MINNEAPOLIS 6.50% 1991 (8.0542 %) THE FIRST NATIONAL BANK OF 6.75% 1992 SAINT PAUL 6.90% 1993 PIPER, JAFFRAY & HOPWOOD, INC. 7.10% 1994 PAINEWEBBER INCORPORATED 7.30% 1995 American National Bank & Trust 7.50% 1996 Company of Saint Paul 7.70% 1997 Allison - Williams Company 7.90% 1998 E.F. Hutton & Company, Inc. 8.00% 1999 -2001 Juran & Moody, Incorporated 8.10% 2002 -2003 Robert W. Baird & Company Inc. P � Y F & M Marquette National Bank M.H. Novick & Company, Inc. Robert S.C. Peterson, Inc. Marcotte Hume & Associates, Inc. DAIN BOSWORTH INCORPORATED 6.40% 1990 $5,160,750.00 $5,747,996.66 Cronin & Marcotte, Incorporated 6.60% 1991 (8.1769 %) Dougherty, Dawkins, Strand & Yost, Inc. 6.75% 1992 Miller Securities, Incorporated 6.90% 1993 7.10% 1994 7.30% 1995 7.50% 1996 7.70% 1997 7.90% 1998 8.00% 1999 8.10% 2000 8.20% 2001 8.30% 2002 8.40% 2003 WO NT INENTAL ILLINOIS NATIONAL 6.40% 1990 $5,150,326.00 $5,753,797.33 BANK & TRUST COMPANY OF 6.70% 1991 (8.1 852 %) CHICAGO 6.90% 1992 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222 -4241 250 North Sunnyslope Road, Brookfield, Wisconsin 53005 (414) 782 -8222 THE FIRST BOSTON CORPORATION 7.10% 1993 PRUDENT IAL -BACHE SECURITIES, 7.30% 1994 INCORPORATED 7.50% 1995 SHEARSON LEHMAN/AMERICAN 7.70% 1996 EXPRESS INCORPORATED 7.90% 1997 LaSalle National Bank 8.00% 1998 Channer Newman Securities /A Division ' 8.10% 1999 of the Illinois Company, Incorporated 8.20% 2000 Blunt, Ellis & Loewi, Incorporated 8.25% 2001 8.30% 2002 8.00% 2003 REOFFERING SCHEDULE OF THE PURCHASER" Rate Year Yield 6.30% 1990 Par 6.50% 1991 par 6.75% 1992 Par 6.90% 1993 Par 7.10% 1994 Par 7.30% 1995 Par 7.50% 1996 Par 7.70% 1997 Par 7.90% 1998 Par 8.00% 1999 Par 8.00% 2000 8.05% 8.00% 2001 8.10% 8.10% 2002 8.20% 8.10% 2003 8.25% BB1: 8.60 Average Maturity: 13.39 Years Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GEORGE MAYLEBEN WHEREAS, George Mayleben served as a member of the Brooklyn Center Human Rights Commission from April 7, 1980 through November 13, 1985; and WHEREAS, his devotion to the tasks and responsibilities of the Commission contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by tht City-Council of the City of Brooklyn Center that the dedicated public service of George Mayleben as a member of the Human Rights Commission is hereby recognized and appreciated by the City of Brooklyn Center. 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. g CITY 0 ER F BROOKLYN CENT Notice is hereby given that a public hearing will be held on the day of , at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating An Easement in Outlot 8, Ryan Lake Terrace Addition, Hennepin County, Minnesota. { Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE N0. AN ORDINANCE VACATING AN EASEMENT IN OUTLOT 8, RYAN LAKE TERRACE ADDITION HENNEPIN COUNTY MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 Any interest ownership or license to the West 30 feet of Outlot 8, Ryan Lake Terrace Addition lying South of the South line of 47th Avenue North excepting that part of said West 30 feet lying within the easement specified in Document No 728757 on file with the Registrar of Titles. Hennepin County Minnesota is hereby vacated. Section 2. This ordinance shall be effective after adoption, and thrity (30) days following its legal publication. - Adopted this day of Mayor ATTEST: Clerk Date of Publication Effective Date CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTE R EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Wor s FROM: H.R. Spurrier, City Engineer DATE: November 13, 1985 RE: VACATING EASEMENT in Outlot 8, Ryan Lake Terrace Addition The owner of the above referenced property has requested the vacation of an unused utility easement. Attached is a copy of an easement dated April 30, 1963. This easement was dedicated as a replacement to a 30 foot easement shown on the plat of Ryan Lake Terrace. On June 17, 1963 the City executed a Quit Claim Deed covering the property, . but that deed is not the proper instrument to use for vacating easement. The proper form is formal vacation. We will hold a public hearing on the vacation and mail notice to Northern States Power, Minnegasco, Storer Cable and Northwestern Bell that the City proposes to vacate the easement It is my recommendation that the City Council approve the attached Ordinance vacating the utility and drainage easement in the West 30 feet of Outlot 8, Ryan Terrace Addition lying South of the South line of 4th Avenue North. App o ed for submittal, Sy nape Director of Public Works cc: Easements Vicinity Map HRS : j n VACATE ��� Mau &�4„ QW 0.1. D-d. Form No. 31-M. bl"""n"" C— fa 63 jfade thi . ...... day a ........ vi ............................... 19 ........... b e t ween ... e Villave of brcoklvn - n e r Vin .... n '4- .............. I ....................... . ................... 6e .................. .. . ................. . ............ : UnieiTna - 1 - i - ty ....... ..... a corporation under the laws ........ . ol the Sta!-f of - inne.z.o.t.a ....................... ................... party of the flrst part, and L , ....... .. ... .. ... u r,,b e r ( o 'r"."C .. .. .. ... .. .................................. : .......... ............... . ..................... ... 9 . ........ . . . ................................... ....... I ........................... 4 ................ ............................... a corporation under the laws of the State of .............. 4-'-jnneG4D-ta ................ . ................................................................................. party of the second part, Mitntzatb That the said f�trt� of the v aluab l e part, in de ra � sum of One dollar and other rood an aluab e considera .......... DOLL.IRS, ............................................................. . ............... ; ........................................................ . ........................................................................... to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and,assiLins, Eorever, all the tract or parcel of land lying and being in the County of ..................... liCllmepin ............... ........................................................ and State of Minnesota, described as follows, to-wit: The West 30' of Outlot 8, 7yan Lake Terrace Addition lyin5 south of the south line of 47th Avenue illorth. • I i III Jhabe anb to Jbolb the tame, Together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. 3n Matimony Mbercof. The said first party ha& -fgj64 these pr(esentA to be executed fn m .. ftt corporate name by its. .. .......... . 4 ............ . Aielli0i"and its...._....... . ................... and its corporate seal to be hereunto affixed the day and year first above written, ....................... ........ ........... In Presence of B y, X S IXX Its. ....... ............. ....... . ...... re-,s nt ................... . . ..... ................... .................... .............. ....... . . ..... .. ............. Cle to - ------- ..... ...... . . r— l5 gEN A; of D tvll xxpj , EASEVE;:T GRANT 1 71 THIS INDENTURE, Made this3 of April, 1963, by Howard Lumber Co., Inc., a Minnesota corporation, party of the first part, to the VILLAGE OF BROOKLYN CENTER, a municipal corporation under the laws of the State of Minnesota, party of the second part. :dITNESSETH: That the said party of the first part in consider- ation of the sun of One Dollar ($1:00) and other good and valuable consideration to it paid by�the said party of the second part, the receipt whereof is acknowledged hereby, does hereby nrant unto the • party of the second part, its successors and assigns, an easement for the installation and maintenance of a storm sewer line, includ- ing but not limited to the laying of pipe, installing manholes and Other appurtenances for PP storm sewer on the following .described property: That part of Outlot 8, Ryan-Lake Terrace, Hennepin County, Minnesota lying within 8 feet on each side of the following; described center line; commencing at the intersection of the South line of 47th Avenue north extended Easterly and a line drawn parallel with and distant 8 feet Last to the West line of said Outlot 8, thence South and parallel with the East line of said Outlot 8 a distance of 39.53 feet thence deflecting the 4 C 1 ctin to ,h _ left 3 �; 20 a distance of 106.23 feet; thence h ce deflectin P to the rieht 10 10' to the Southerly line o u ther_3 �..r.� o. said Outl of 8 and there terminating NO building shall be constructed and no trees planted thereon by the party of the first part, but this easement does not exclude other uses of the land within the easement which do not interfere with the operation and maintenance of the utilities. Party of the second part shall, after the completion of the installation of said utilities and after the completion of any main- tenance or repair work on said utilities, backfill the trench and replace reasonable topsoil, but shall not replace any trees, build- ings, or other iciprovements. . v Q SSS O n y� at Y c IN TESTIMONY WHEREOF, The 1 A' Ix par,�y has caused these ,y. presents to be executed in its riporatg iiami ISy President`-'and Treasurer the day and y year above =writ. ri v _ CE - /sencePf • H ~ ter c N, d? Lumber Go, Inca l Alma A. Howara, . President By l ' /�� Al er•t s teele, Treasurer STATE OF MINNESOTA) COUNTY OF HENNEPIN) On this 14 day of April, 1963, before- me, a Notary Public within and for said County, personally appeared Alma K. Howard and Albert W. Steele, to me personally known, who, being by me duly sworn did say that they are the President and Treasurer respectively of Howard Lumber Co., Inc., a Minnesota corporation and that the said seal affixed to said instrument is the corporate seal of said corporation and t s ai d i d ins trtme nt was si and sealed in behalf of said corporation b authori ., � ' -- y y of its E3_arc of Directcrs and said Aiuw K Howard oar d ard Albert ber w Steele acknowied Eed sai d - an,trument to be the free a , act and de d of sal carporati drl, Notary Publ — . Notdw pug.ic nor"-On Cooah. '0" my COMIN' -wa zxDw- My 6a M& MMMF— R N LAKE ERRACIE YJL ja of Brooklyn Cen +er Count of Henn r1a � p �o�w, ooh ^, may, North /ine of the South 3oo Peet or the Nz O Me SE; of Sec /o, T- 130... ti .... - -- ...130 1so— NORTH - - - -- 130 - -• - S $� 14�E ...130-•- ••' � -- 130 -•- � '" •- - • •130- . .- -- - -►30 --- - • --• 60- -.. ', 0 Co �T IU \ \ / / 11! .•� 111 11r :i LLJ Uti /!ty Easement l l, �1r p 1 \ \ Al \Ir fir d� L! ,11 IV \Ir a d! N 8l 14'E -- - South line of the I N2 of the SEx of Sec. /0 W �' 1 ' �I CI A rr l� l �� �, ..1 -� Q J L �v v�: N. r%D1 -, 1 1.);1 O O r d rd 1 1. K*11 P A c;R. I C%, IT1� N � 1.. 11 J1 I'11�L I 1 1 � ( 1 1 R. ��1J /J1 I 11 I M & C NO. 85 -12 c November 14, 1985 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Martin Luther King Holiday 3rd Monday in January To the Honorable Mayor and City Council: State law requires that City offices be closed to honor Martin Luther King, Jr. on the third Monda d of January J uar of each ch ear t Y Y y starting in 1986. Because there is a requirement to close City offices on that particular day, it affects our Personnel Ordinance and in some measure our labor contracts--especially Public Works. _p Y We have talked informally with a number of suburban communities and , at least preliminarily, most communities ies are not thinking hinki f Y� n o adding additional holiday dd ti a g g an a d Y to the 11 paid holidays currently given by most communities. Under State law there are some holidays which are currently paid holidays under our Personnel Ordinance and union agreements, which g , do not require by law that City offices be closed.. One such holiday is Columbus Day. Because it takes a lengthy time to change our City ordinances due to publication of notices, I am requesting the Council commence the process of amending our Personnel • Ordinance to drop Columbus Lay as a paid holiday and add Martin Luther King, Jr. to the paid holiday list. As with most of our fringe benefits we strive to remain consistent with other suburban municipalities in the metropolitan area not p exceeding r falling short of th , g g e enera 1 pattern g of fringe benefits. p e its. f the Council g I Cou cif chooses to adopt or start the process to adopt our recommendation and at a subsequent date we find that most suburban municipalities are adding an additional holiday, then the ordinance could be changed to add an additional holiday at a later date. However, because Martin Luther King, Jr. holiday occurs in January we must take steps to accommodate that day because of the legal requirement quirement for us to close.. Should any of the Council members have an further questions re Y q regarding this matter, leased no t t t g g , p o o h o contact me. Respectfully bm'tted, Gerald G. Splin er City Manager CITY OF BROOKLYN CENTER Notice is hereby given -that a public hearing will be held on the of , 1985 at p.m. at the City Hall, 6301 Shingle Creek Parkway, - _ _ E___ o_ consider an amendment to the Personnel Ordinance to add Martin Luther King, Jr. Day as a defined holiday and eliminate Columbus Bay as a defined holiday. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES TO ADD MARTIN LUTHER KING, JR. DAY AS A DEFINED HOLIDAY AND ELIMINATE COLUMBUS DAY AS A DEFINED HOLIDAY The City Council of the City of Brooklyn Center does ordain as follows: follows: Section 1. Chapter 17 of the City Ordinances is hereby amended as Section 17 -117 Holiday Leave. holidays: 1. Holiday Defined. Holiday Leave shall be granted for the following New Year's Day January 1 Martin Luther King, Jr.! Third Monday in January Washington's & Lincoln's Birthdays Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day, First Monday in September [Christopher Columbus Day] [Second Monday in October] Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Post- Thanksgiving Day Friday after Fourth Thursday in November Christmas December 25 Floating Holiday Scheduled with permission of employees' supervisor. Floating holidays must be taken within the calendar year; they cannot be accumulated. ORDINANCE N0. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 14 . Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) ( /A a. HOLMES & GRAVEN Attorneys at Law CHARTERED JAMES S. HOLMES 470 Pillsbury Center, Minneapolis. Minnesota 55402 DANIEL R. NELSON DAVID L. GRAVEN BARBARAL. PORTWOOD JOHN R. CARSON 612 339-1177 ROBERT J. DEIKE CHARLES R. WEAVER ROBERT L. ARK A. LINDGREN INDAL DAVIDSON ON Northwestern Financial Center, Bloomington. Minnesota. 55431 LAURA K. MOLLET ROBERT J. LINDAL. 2200 N BRUCE A. KOHN JOHN M.. WERT EIM 612693 -9400 STEWARTD. GREGG LARRY M. W ERTHEIM E. K CHRISTINE M. CHALE STANLEY E. JOHN C. R E MARY G. DOBBINS JONATHAN CO. SCO MARYJ. BRENDEN LL STEVEN T. H ETLANO TIMOTHY P. FLAHERTY JEFFREY R. BRA ERTY PATRICIA A. BLOODGOOD STEFANIEN. GALEY TIMOTHY E. MARX $ Ric A. SHORT September 30, 1985 MORTGAGE REVENUE BOND INCOME AND ACQUISITION COSTS LIMITS FOR THE METROPOLITAN AREA Income Limits: The greater of: (a) 110% of Median Family Income determined by HUD ($36,080); or (b) the limits determined by the Minnesota Housing Finance Agency, which vary according to the mortgage loan interest rate as follows: Loan Income Limits Interest Rate New Existing 0 - 10.00% $34,000 $31,000 10.01 - 10.50 35,000 32,000 10.51 11.00 36,000 33,000 11.01 - 11.50 37,000 34,000 11.51 and over 38,000 35,000 Acquisiton Costs Limits: The lesser of: (a) Federal Safe Harbor limitations for the Minneapolis -St. Paul (iviv -WI) MSA, which are $116,270 for new homes and $117,590 for existing homes; or (b) Minnesota statutory limitations which are three times program income limits generally and four times program income limits for home in target areas. i Exhibit A o THE CITY OF BROOKLYN CENTER 1985 SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM October, 1985 r Exhibit A SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM FOR THE CITY OF BROOKLYN CENTER Minnesota - Statutes, Chapter 462C, as amended (the "Act "), authorizes a city, or a housing and redevelopment authority designated by and acting on behalf of a city to develop and administer programs of making or purchasing mortgage loans to finance the acquisition, by low and moderate income persons and families, of single family housing located anywhere within its boundaries The City of Brooklyn Center (the "City ") will exercise all- powers conferred -on the City, ,pursuant to Minnesota S- tatute -, sections 462C.0-1 through 462C.07, provided that the City holds,,.public hearings required by the Act and to .approve any housing plan.or program prior to submission to.eith.e.r the Metropolitan Council or the Minnesota Housing Finance Agency. In cr_ea.ting this single family housing finance ,pro.gr.am _for the City, _the City. Council has found and determined that.._the pr.eserva.tion of the quality of life in the City is dependent upon the maintenance.and provision of adequate, ,.- decent,,safe and sanitary housing stock; that accomplishing the provision, of such housing sto.c.k is a public purpose and will benef it, the. residents of the City; that a need exists with.in._the.City to..- provide. in a timely fashion additional affordable ...housing to persons of low and moderate income - residing and,expected.to,_ reside .in,,. -the City.; that a need exists for mortgage, cr.ed.it .-to, be made available for both existing housin-g.and for: the.new, Exhibit A construction of additional single family housing; and that many owners of single family housing units are unable to sell such units and would -be purchasers of single family _housing units either cannot afford mortgage credit at the market rate of interest or cannot obtain mortgage credit because the mortgage market is severely restricted. The City Council, in establishing this housing finance program for the City has considered the information contained in the Housing Plan, including particularly (i)'the avai.labi.lity and affo.rdability of other, government housing programs;, (i.i). the, -availability and affordability of private,. market financing.,for the acquisition of ex .sting.,_and newly constructed single family housing units.; (iii).a_n analysis of population and employment trends and projections . of - population and ,employment needs; (iv) recent housing trenas and future housing needs in th.e City; and (v) an .analysis, o.f how .the. . program wi_l meet the needs of low and moderate income.persons and f,amilie.s r..esiaing and expected to reside in the City,. The City Council has further considered (i) the amount, timing and manner of sale of bonds to finance the estimated amounts of mortgage loans to be made under the ._prog,ram,._ ,to fund the appropriate, reserves and to pay the costs of is.s,uance; the number and qualifications of ,lender-s eligible -to par tic.ipat.e..in the, .program; (iii) the method for monitoring the implementation by participants to insure that the program - will be..consistent with the Housing Plan; .,(iv) the administrative, capacity of the City and other methods of administering, I _ Exhibit A servicing and supervising the program; (v) the cost -of the program to the City, including future administrative expenses; (vi) the restrictions on the purchase prices of housing units to be financed under the program; (vii) the limits on income of persons or families receiving financing under the program; and (viii) certain other limitations. Section 1. Definitions The following terms when used in this program sha11 have the following meanings, respectively: ( 1), "Acquisit.ion Fund" shall mean that fund.to'becreated under an indenture of trust. or similar. _agreemen.t between :the, City and a Trustee for holders. -of the Bonds into which shall be credited certain proceeds of the Bonds and other funds, if _any, and. -from which the City shall purchase Mortgage Loans qualified for Purchase under the Program. ( 2) "Act" shall mean Minnesota Statutes, Chapter 462C.as currently in ..effect and as the same may be from time to time amended. ( 3) "Adjusted Gross Income" shall mean..Gross Family Income,.less $750 for each Adult in the family,. to a maximum ,of two.Adults, and less $500 -for each other I, Dependent in, the family. ( 4) "Adult" shall mean anyone who has attained a legal- . - - ,.... ,. .. w .... ... ...... '. age,,of. majority under Minnesota law but who is not a Dependent. 3 Exhibit A ( 5) "Affiliate" of any specified Person shall 'mean any other Person directly or indirectly controlling or controlled by or under 'direct or indirect common control with such specified Person. For purposes of this definition, control, when used with respect to any specified Person, shall mean the power to direct the - management and policies of such Person, directly or indirectly whether through the ownership of voting securities, by contract or otherwise. I , ( 6) "Agency shall mean the Minnesota;H,ou sing `Finance Agency, or, any successor to its .funct.ions._under the Act.. . ( 7) "Bo.nds" shall mean the revenue bonds to be issued by the City to _finance the Program. ( 8) "City" shall mean the City of Brooklyn Center, State of Minnesota. ( 9) "City Council shall mean the governing body of the C i ty... (10) "Commencement Date" shall mean the later of.(.a) first day on which the .City has Bond proceeds available to purchase Mortgage Loans under the Program, or (b) for New Housing Units to be purchased with Mortgage Loan proceeds, the date on which pre -sale efforts to market New Housing Units has commenced. (11} "Dependent" shall mean dependent, as defined in Section 152 of the Internal Revenue Code of,1954,,as amended, and the regulations thereunder. 4 \ Exhibit A (12) "Developer shall mean any Person engaged in the construction for sale of Housing Units, and any Affiliate of such Person. (13) "FHA" shall mean the Federal Housing Administration, an agency of the United States of America within the United States Department of Housing and Urban Development, or any successor to its functions. (14) "FHLMC shall mean the Federal Home Loan Mortgage Corporation, or any successor to its functions ". (15) "FNMA" shall mean the Federal National Mortgage Association,. or any succcessor to its functions. (16) "Gross Family Income" shall mean the current annual income from all sourses of. the Mortgagor, his. or her spouse, -and, :any guarantor or co- owner .of._a fee interest in the Housing ,Unit to be I financed ._with the proceeds of a.Mortgage Loan as.determined_in accordance with the then .current loan ;orig,i.nat.ion requirements of FHLMC, FNMA, FHA or VA as- .to..Mortgage Loans originated under programs regulated by, F,HLIvIC FNMA,,. FHA or VA, or as to a conventio_nal,Mor.tgage Loan, by the Qualified Mortgage Guaranty. .Insures insuring such Mortgage Loan, as the case may ,.be,. as, verified by an Originator in accordance with such requirements and its customary.underwr;iting. practices. (17) "Housing Plan" shall mean,, the Housing,Plan_o.,f the City, as adopted by the City Council on- Se, tembex, 20, 198.2 and any amendment thereof. 5 Exhibit A (18) "Housing Unit" shall mean residential real' property and facilities functionally related and subordinate thereto securing a Mortgage Loan, which shall _be'a private detached or attached one- two - three- or four -unit family dwelling, or a one- family apartment under condominium ownership (as defined in Minnesota Statutes, Chapter 515A), not including a mobile home or trailer even if attached to a permanent foundation, including a New Housing Unit, owned and occupied, by an individual or, family, as ,a princ.ipal< residence (or, if the Housing_ Unit contains mor,e,than one dwelling unit,. one of such dwelling units is owned and occupied by an individual or family as a principal residence), containing complete living facilities and located within the geographical. bo.undaries of the City. (19) "Lending Institution" shall mean any bank,_ trust company, savings bank, national banking association, savings and loan association,,building and.loan association,.mortgage bank or other mortgage,.lender or governmental agency which customarily makes or services mortgage loans on owner - occupied residential housing, or any holding company for any of the foregoing, provided, however, such.Lending= v xw Institution is ,approved by FHA, VA, FNMA or FHLMC or is approved by the City. (20) ".Mortgage Insurer" shall-me-an-the FHA, the VA or. any Qualified, Mortgage Guaranty Insurer. -6- -Exhibit A (21) "Mortgage Loan" shall.mean an interest bearing loan to a Mortgagor for the purpose of purchasing a Housing Unit, evidenced by 'a promissory note and secured by a mortgage on such Housing Unit. (22) "Mortgagor" shall mean an individual or individuals who have received a Mortgage Loan. (23) "New Housing Unit" shall mean a newly constructed Housing Unit, to which the Mortgagor will be the first owner occupant. (24) "Originat.ion,.Agreement" shall.mean a written agreement between an Originator and the City under which the Originator agrees to originate and sell to the City and the City agrees to .purchase.Mortgage Loans pursuant to this Program. (25) "Originator" shall mean a.Lending Institution which executes an Origination Agreement.as an originator. (26) "Originator Commitment shall mean a written commitment by an Originator to the City, in a form acceptable to the City, by which the Originator agrees, upon certain terms and conditions, to enter into an Origination Agreement.. (27) "Person" shall mean any individual, corporation,,.: partnership, ,joint venture, association, joint -stock company, trust, unincorporated organization or government or any agency or. political - subdivision thereof. -7- Exhibit A (28) "Pledged Savings Account" shall mean -a savings account established in connection with a Pledged Savings Account Mortgage Loan, which savings account and the earnings thereon may be used to make payments on the Mortgage. Loan any time during the initial years of its amortization period and which is pledged as security for the Pledged Savings Account Mortgage _Loan. (29) "Pledged Savings Account Mortgage Loan" shall mean a Mortgage Loan originated pursuant,to any plan approved by the Program Administrator, for which a portion of the principal and interest payments, dur..in,g the initial years of such Mortgage Loan are expected to be paid from a Pledged Savings Account.. (30) "Program" shall mean this single family housing finance ,program authorized and to,be implemented -by_ th.e City pursuant to the Act. (31), "Program Administrator" shal mean any Lending Insitutution which agrees in writing with the, City to monitor the origination and servicing of Mortgage Loans sold to the City under, the Program or to service all such Mortgage Loans, and to perform such other, functions as are agreed,upon by, -such Program_ Administrator and the City. (32) "Proje.ct" shall mean a d:evelopmen,t of; New ,Ho,us.ing; Units,,including condominiums or townhouses constructed,by a Developer, and including , Exhibit A condominiums or townhouses constructed by a Developer for individuals who may sell their existing Housing Units to persons who will finance the purchase of such existing Housing Units with Mortgage Loans made available by the Program. (33) "Qualified Mortgage Guaranty Insurer" shall mean any mortgage guaranty insurance company approved by FNMA or FHLMC, which is licensed to do business in the State of Minnesota and (i) whose insurance policies would .no,t adversely affect the ra;ting.,.on .the Bonds,._ with the rating agency which initially rated the Bonds or (.ii) is rated by such agency on ;.the basis of claims payment ability at the highest r.a ing .then, ., given insurers issuing mortgage guaranty insurance policies, so, -long as such ,,agency rates such insurers, on the basis of claims payment ability— (34) (34) ".Target Area" shall mean a targeted area as defined in.Section 4.62C.02, Subdivision 9 of, the Act, as such Target Areas may ,exist on the- ,Commencement. Date,, or as .may thereafter be _established. (36) "VA" shall mean the Veterans Administration, an agency of the United . S.tates of America,. or -any . successor to ; . its functions. Section 2. , Program for Acquisition of Mortgage Loans The ,City hereby establishes a Program to acquit „e. Mo rt gage Loans by contracting with Originators to purchase Mortgage 9 Exhibit A Loans from Originators at such purchase prices and upon such other terms and conditions described herein or as shall be determined by the City in Origination Agreements to be entered into between the City and Originators. In establishing and carrying out such Program the City may exercise, within the corporate limits of the City, any of the powers the Minnesota Housing Finance Agency may exercise under the provisions of Minnesota Statutes`, Chapter 462A. Insofar as the City has or will contract with underwriters, financial advisors, legal counsel,, -a Program, Administrator_and.a trustee, all of whom will be reimbursed fx.om,B.ond proceeds and continuing Program revenues,, it is,not expected that additional .staff will be necessary, to _implement the Program, nor _is it: expected that any additional staff, costs need.be, paid from the City'_s budget. The Program- _Administrator w -ill. administer. the,performance of the Origi.nators,with.respect to the limitations` set forth in this Program, and will monitor the Originators' servicing of the Mortgage Loans or will itself sexvice the Mortgage Loans_. The City will select a trustee for the bondholders who will be required to be experienced in trust man.a.gement and has a large corporate trust portfolio. The tru -stee will administer, and maintain the Bonds ..sold to finance the Program. The City Council hereby authorizes and directs Its City.- s_ C to .monitor _all negotiations between, the various _ parties taking part in the Program to insure that the Program documents are consistent with the Housing Plan and the, -10- • Exhibit A Program. Prior to the adoption of the resolution authorizing the sale of Bonds to finance the Program, the City Coordinator shall report to the City Council his findings as to the consistency of the Program documents with the Housing Plan and the policies of the City contained in this Program. Section 3. Non -Bond Proceeds to be Contributed to the Pro ram To assure the financial feasibility of the Program and to assure that interest rates on the Mortgage Loans will be as favorable a -s possible to purchasers of Housing Units, as'well as to assure the ._completion _ of Projects intended .to be benefited.by the Program, the City may commit various revenues and other resources to the Program. S ection 4 t an ards an d Requirements Relating to Mortgage Loans Pursuant to the Program The following, standards and requirements shall apply .w respect to Mortgage Loans acquired by .the City pursuant to _the Program: ( 1) A Mortgage ,Loan may be made-only to finance the purchase of a Housing Unit existing. at the time.such, Mortgage,- Loan _i,s made. Construction loans shall not be made, but an Originator may enter into an agreement with a Mortgagor to make a Mo.rtga -g,e Loan to him,.or her upon the completi.on.of the construction of -a New.- Housing- Unit to be financed by such Mortgage Loa} , subject .to the "first -come, first.-- s.e.rved" and -11- C Exhibit A nondiscrimination basis requirements' of Section = (2) hereof, and subject to the receipt of a certificate of a City building inspector stating that the New Housing Unit complies with the building code requirements of the state building code, set forth under Minnesota. Statutes, Sec. 16.83 et seq., as they are then in effect. ( 2) Each Originator shall accept and process applications for Mortgage Loans for the purchase or construction of .Housing u units. on _,a nondisc.r.imi.natory. €,first- served. ". basis, .sub.j,.ect _to the other yprov_isians of the Program, including any .,set as.id.es.._and,. restrictions imposed by ; Sect.ioTi ,5,.her.e.o.,f,,,,.and will not, arbitrarily reject an application,.,for ,;a Mortgage Loan for a Housing Unit.within a,specified geographic; area because,of the location and /or age of the property, or, in the case of. a proposed Mortg ; agQr., ; _.. arbitrarily ,vary the._ terms of a loan .,or the... application , . r o r e e pp procedures therefore because of ra. color.,... creed religion, national orig.in., ; .sex,, ; mari.tal status, ,age ,or. status with regard, to pub.li.c . assistance or disability. ( 3) The Mortgagor of each Housing Unit must be the fe.e, owner.of such Housing Unit and must occupy s.uc,h Housing Unit or if the Housing Unit co.ntaias, more than. .,one dwelling unit, o.ne of such .dwelling ,,ni.ts as his or his principal place of residenc.e.. 12 Exhibit A ( 4) At least ninety percent (90 %)'of the moneys available to make Mortgage Loans shall be used to purchase Mortgage Loans made to first- time "homebuyers, including Mortgagors who have not owned a home during any part of the three (3) years prior to the date of closing of the mortgage Loan. Up to ten percent (10 %) of the moneys available to make Mortgage Loans maybe used to purchase Mortgage Loans made to persons or families who are not first- time'homebuyers including those who have owned,,a home .durixg .,some part of the .three (3,) years •prior ,.to the _date of cl:osing .,of the Mortgage ;Loan,. provided .the,y :meet all other requirements of the .Program. ( 5) Mobile homes and trailers are not Housing Units, _:for purpose of the,. Program, even if such mobile .homes and trailers are attached to permanent foundations. ( 6) Each Housing Unit must be located within the. corporate limits of the City. ( 7) Loans must be made only to finance .homes .that ,ar,e serviced by municipal water, and sewer utilities. ( 8) The purchase price.of a Housing Unit may not,.exceed the lesser of (a). three times the limit on Adjusted Gross Income of the Mortgagor set forth In Section - -4 (12); (b) four times the Adjusted Gross Income of the mortgagor if the Housing Unit is located within ,a Target Area or (c) 110% of the average area purchase price fo,r residential housing in the Minneapolis -St. 13.- . y Exhibit A Paul Standard Metropolitan Area computed'as pr I ovided under the Proposed Treasury Regulations or any final regulations promulgated under Section 103A of the Internal Revenue Code of 1954, as amended. ( 9) Each Mortgage Loan must, at a minimum, be insured or guaranteed if the original principal amount of the Mortgage Loan exceeds (or is expected at any time to exceed) 15% of the lesser of the purchase price or appraised value of the property subject to the related. Mortgage; , with either (i) ;..FHA, ; Insurance,. (ii) a VA Guaranty or (i.ii).a Mortgage Guaranty zns;uran.c,e_Policy. (10) The ,.Adjusted Gross Income of a Mortgagor at the time of. application for a Mortgage, Loan shall :not exceed ; the greater ,of ( i) 11.0 percent of the median family income .as_ _ estimated by the United States ,Ue.partment o Housing and Urban nevel.opment for the . Minneapolis -St. Paul Standard Metropolitan Area; or ( i,i). 10 percent of the income limit established by the Minnesota Housing Finance- Agency for the City. ( iii). Provided ,that, beginning , six (6) months =after the Commencement.Date, up to twenty Percent (2.0 %). caf , the amount_ of = bond ; deposited in the Acquisition Fund may .'be used ,to purchase -14- Exhibit A Mortgage Loans made to Mortgagors with Adjusted Gross income in excess of the amount set forth above who are purchasing Housing Units located within a Target Area. (11) For the first six (6) months after the Commencement Date, 100% of the funds provided for the purchase of Mortgage Loans may be made or committed only to Mortgagors with Adjusted Gross Incomes at' the "time of application of less than eighty percent (80 %) of the limit set.fo,rth in .Section .4 "(11 -:. ... (12) To the extent required by the Act. -.or .other- applicable laws or. to preserve the- - exemption , o.f interest on, _the. Bonds from federal or state income taxation, the assumption of a Mortgage Loan from a Mortgagor_..,any other person, or persons shall be permitted -.only i,f the ..requirements of Sections , 4 (4) .,, 4 (.8) , . and, 4.(3) are met _wi.th respect to the as sum ,.., (13) An Originator may be allowed to retain from a Mor.tg.agar or seller an or gination,fee not exceeding one .and l one -half percent (1- 1/2%). (.or . - s.uch greater, or lesser, .amount as shall be specified by the- G.ity . in. the Origination Agreements) of the, pr. amount o.f the Mortgage Loan. In addition, each Mortgagor may,,be .c,ha.rged .a - program .pax ticipati -on t.e.e of ,two per.cen.t (2%.) of..the original principal, amaun.t of--,,,a - Mortgage, Loan, or such _greater or- lesser amount as shall. be specified by the City, all or, aortion Exhibit A which may-be deferred and made payable =with . (and in addition to) the last installment of principal and interest due on such Mortgage Loan, whether at the scheduled final maturity of such Mortgage Loan or at its prepayment in full prior to its final, maturity. A Developer and. /or Seller of - -a Housing Unit may also be charged an additional origination fee, which fee may be used to defray Program costs (14) The City hereby requests -a waiver by MHFA of- the restrictions of Section 4620,.-03,. S_ubdivis,i.on 5 _Gf the Act. Failure by the MHFA to reject this program will be .dee.med to constitute approval of such waiver (15) The. _difference between ,the interest rate on Mo.rtg_ag,e. x Loans and the interest rates on the. Bonds issued .-to acquire such Mortgage Loans shall represent.only the. costs.o.f, insurance premiums,- amortized ,expense,s of issuing the Bonds, the City's ongoing costs for the administration of the Program,.fees,.of originating, servicing, and administering the Mortgage:Loans and trustee, and paying agent fees, computed-so as.._to . s, provide that the Bonds shall not be deemed to be "arbitrage bonds" under the Proposed Regulations -or, any .final regulations promulgated under' Secti.o,n.103A Of-, the Internal Revenue Code of 1954, ,.as ;amended.. (16) In the event that the City acquires any existing residences in the City, with the intent.i.on of demolishing such residences and making th.e .cleared, -16- Exhibit A sites available for the construction of New Housing Units, the City will make available to qualified residents of the residences so acquired any relocation assistance and benefits required to be provided pursuant to Minnesota Statutes, Section 117.52 et seq. . (17) Sellers of existing homes will be required to pay to have their homes inspected by a licensed truth in housing evaluator in accordance with the City of B.rooklvn.Center's regulations, as they exist : - at the time, of sale,, _ Section 5. Set. Asides -and .Restr ict.ions ..Relating to .the , Acquisition of Mortgage .L.oans Notwithstanding anything in Section 3 to the contrary, the following restrictions shall -apply with respect . to - Mortgage, Loans acquired by.the City _puxsuant to the Program: ( 1) The City may ,permit . commitments to be made by Originators to (a) Developers to,.provide Mortgage. Loans on New Housing Units to be constructed by such Developers, or (b) Developers who will provide Mortgage Loans for, homebuyers purchasing:.existing Housing Units .owned by the purchasers of Housing Units. the Developer's Project. Developers and, Originators -may, be charged a commitment fee—for- such set asides, which fee may be used.to- defray Program costs. No more than seventy -five percent (75. %)_of 17- Exhibit A the moneys deposited in the Acquisition Fund may be used to purchase Mortgage Loans for New Housing Units built or sold by any one Developer. { 2) The City will enter into an Origination Agreement with each Originator proposing to originate Mortgage Loans pursuant to the Program. Each Origination Agreement shall specify the dollar amount of the Originator Commitment, provided that no -more than seventy -five percent (75 %) of the moneys deposited in the Acquisition Fund may ;be used to. purchase Mortgage Loans from .any one Originator., un ess .other eligible. _ Lending ,Institutions are. not..inter.ested in participating. ( 3) Any Financial institution;, as defined ,in, .M.inne o.ta Statutes, Section 47.0151_, doing business in .the, City which is,an FHA /VA approved or FNMA /FHLMC. approved lender shall_be offered an opportunity_to, participate in the Program as an. Originator., ( 4) Fox the first , 12 months or such gr,e.at.er. fir, lesser,_ time as ; .shall . be specified by the city .after the Commencement. Date, ten, percent (10g)._of the amounts depo-sited in__the Acquisition Fund may be reserved for non -first -time homebuyers, who purchase a. Housing. Unit i,n. a, Project. Lf, after ,12 months. o.r such greater o..r lesser time, as shall be specif.ied by the City,., ..any,° funds so. set aside have not been us.ed : to .pur.chas.e Mortgage. Loans, they may be used by non - first -time h mebuyers .purchasing_ any Housing Units .i-n the _.0 -i-ty. 18 r j 'Exhibit A Section 6. Evidence of Compliance The City may require from each Originator, at or before the time an agreement to originate Mortgage Loans is entered into by such Originator, evidence satisfactory to the City of the ability and intention of such Originator to make Mortgage Loans and sell them to the City under suchjagreement, and, at the time the City acquires a Mortgage Loan, evidence satisfactory to the City of compliance with the standards' and requirements for the making of Mortgage Loans established by the City - herein and in any agreement entered into between the City and the.Orig.inator; and in connection_th.erewith, the,City or, .its representatives, including, the Program Administ.rator,: may,.inspe.ct the relevant books and records _of -such _Origina.to,r. in order to confirm such ability, intention,and compliance. Section ,7. Issuance of Bonds To finance the Program the City intends by resolution „to authorize, issue and sell by December 3 , 19$6 its Single Family Mortgage. Revenue Bonds in an aggregate principal amount r up to $10,,0,00,000, of which approximately _$9,00.0,,00.0 will be available..to purchase Mortgage Loans. The,.balance of "Bond. proceeds will be used to pay underwriting . ,to fund .a, reserve fund for—the Bonds and to pay .Bond issuance - costs. Principal of and interest on the Bonds shall be payable solely from,the- proceeds of the Bonds and the _revenues of the Program— The City shall ,enter into an .indentur,e . of trust .wi an institution authorized to accept such trusts and which is 19 • Exhibit A experienced in trzxst management and. has a ,large.- corporate. trust s portfolio, upon such terms and conditions as the City Council` shall determine, being advised thereon by bond counsel. In issuing Bonds, the City may exercise, within the corporate limits of the City, any and all of the powers the Minnesota Housing Finance Agency is- authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chapter 475._ Section 8. Se.verab,i.lity . ,— - Th,e of, this Program are severable.,.and if.any of its provisions, sentences, clauses or paragraphs shall _be held unconstitutional, contrary to statute,.,exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, such defect shail,not affect or; impair any of the remaining provisions. 0050E -20- Exhibit a— i THE CITY OF BROOKLYN CENTER 41- 6005011 Dated: November, 1985 POLICY REPORT UNDER SECTION 103A • Exhibit B (A) GENERAL • On July 18, 1984, Congress enacted into law the Tax Reform Act of 1984. This_Act,imposes certain requirements on issuers of qualified single family mortgage bonds and mortgage credit certificates. One of these requirements is that issuers publish a statement of their policies with respect to housing, development, and low - income housing assistance and report on their compliance, for the one -year period preceding the date of the report, with the intent of Congress,that qualified mortgage bond issues and mortgage credit certificates assist lower income families to afford home ownership before assisting higher income families. .Tn.order to qualify for a federal tax exemption for interest on qualified mortgage bonds to be issued in 1986, this statement must be published prior to December 31, 1985 As The City of Brooklyn Center, (the "Issuer ") plans to issue qualified single family mortgage bonds or mortgage credit certificates in 1986, the following report is being published in ;ordeto.comply with the requirements of the Tax Reform Act of 1984 and the Regulations thereunder. Ea), $OLIGI4S ` AND GQPL,5 Y _ (]} -- HOUS1ng Policies -and Goals,,, _ f The Minnesota estate Legi.slatur•e has found and decl `that -as a # of .,public, actions - involving hi,ghwa�s,. public faoil,%ties a n d urban _renewal activities, =and ,as a ,result ,Q,f the spread of deter ior.ated.,housing _,and ; bl,ight t formerly. sound urban and rural: neighborhoods,, and as _ a, result : of the. a.nability of pr_ivat`e enterpr and ,xgyes to..produce without public assystance a 1. suff;igent supply :of ° "' "deceit, safe ana san;tary = "resrydeat'aT dwel �ngs at ;prices and ;rentals which :persons .µand,',fam a ges of low and moderate ,,,income can afford, ;.the ; -:e exists wathin -. the State, o£ :Minnesota a sera "o.us shor -tags ; of s�ecent. safe F, and san1t. a y rig at prices.. -or „rentals within the means o.f persons, and families ,of- low, _and, moderate i"ncome,. iKynnesota,Statutes, section 46?2A.o su division 1 The F minriesota State Zegi "$ratute has additionally found and declared : that this `shortage,sof housing vfor" -low ,and modera�ta � ncom ,, {, ,; ;es d i_s it Imica� to .the safety, t}e�lth, mor`a1s end wfare Qf Gke residents of the tats and t;Q the sound groN'tth arid development of, its :communities,.; r An „_adequate, supply at” hQU �.ng ; of "a, variety of housing tylaes ser;v� ng: persons and famil ".es of all incom 1, vels and Properly planned and r ^ elated to°�publie transper.tat�on, phbl�c d „ %Illblt f'acil ties; public utilities and sources .of employment .and ser'vi`ce is essential' to the orderly growthLL en3 prosperity S of ,the state and its communities. Present - patterns of 6­ v1d 1 ng - housing- unduly limit the hou`si,ng .Apti'' for , People- in the state's urban:�centers smaller communities,and non - metropolitan areas. Minnesota = States, Section 4621': 01 Subdivision r �4 The shortage- of safe and_ sanitary housih Gfor 'low= -and ,moderate income persons recogh zed'by'the Minnesota' legislature is exacerbated - during periods o- f..h.igh interest rates': It is ` the ?policy of the. Issuer `to promote” the development .of safe and sanitary housing. and.• to..enable..:low and :.moderate .income persons to own their own -homes. -by _ providing Jong -term low income, =loans to a low and..,moderate ; income persons to, fi.nance,the construction,�rehabilitation and of . homes. y TYe Issuer plans to issue goal xfa.�c single family z mortq ge bonds y ,or ,mortgage credit certificates : (the` ., "aBond /Cgrti ";� in 1986 -: n..,furthe ;ance off' the above. - stated policies :and _ in y cQnformance F to the . poi_gies and . Upe,.of:Pr,aceeds . • :The proceeds of the BondsCertif icate wa 7.1 be used o€ rs ideriGes .. to finance the ,ac uistn e o ii) Targeting of Proceeds t ,H Typ -The - proceeds .,of the Bonds %Certif will, be: ; .;tar.geted, to ,,newly, constructed housing and fex s housing ,for ..low -to- moderate income Y�ouseolds. For the first six (6 .months of the Program, 100% of the available proceeds will, be set aside for ,families whca�se s,ncome.s does ;riot .exceed 8Q$ 'of the �? "rr�gr'am income li�m� ts. �k Deter ; inat`�on ' of seed 'fo T r i 5 he' Issuer has dete�miried`the; need for the ' , ' µ avaxlab,lty, of affordable newly constructed and existing" hoiries " tal "16 and '.nnodezat "e income households. zvj . N eth .o£ Targeting Procsedp ' , Commits to purchase quali`fy�ng loans made is _ particular °lending "'institutions` wTo "will ,o °riginate loans in each, of the Cites will "be restricted as to' the, number of .,loans to - be „made for new domes and exii�ti.ng : °homes duri.ng`,the periods of :.such r ,targ t ng� t . Exhibit B (. v=) Other,;, ; ..Tnforarlat: ors None VI)" The need "to provide decent and ffar dahle housing -to, pe aans of, low and: mod:e'rate >i.ncome is the mai.rt g4ah . af",.ahe; ,Issuer.` `; _.The` Issuer ;hopes to 'achieve th is goal and at the same. time "to' provide a variety =of `housnghoies for low and moderate income persons. (2) , Devea.o� tent Policies := and":Goals ,The MinnIesota State - Legislature has f and" .declared that as a "result` of` publ "ic,..actons `,i:nvolving ,h :ghways public fac"ili:ti"e-s and urban renewal activities, and as; a result of. the Spread of deteriorated' 'housing .and blight: to formerly.'°sound u "roan , and, _r ural> neighborhood ' a.nd' as a result- ,of, the pt 'va'eriterprise and investment produce without public ass- istance a sufficient..snpply' `of .decent, ;Safe and - sanitary residential dwellings at " ":pr,ics ;ana rentals; Which" persvas and,famil es of low, ,arjd Modea:.ate' income car} .af €ord,._ tkae> a a "xysts Withi the state off, } Minnyesat„a a ser sous shortage of dQeerit, .safe _ . r , __. -,., ; " and sanitaryaoussng -at prices or rentals tie Means 'of persons and, Ia ai.lies of -low - aid "anoderate iA�ca�e. _ Minnesota ,§tatutes,'Section 462A .0 Subdzv4sion 3 The Mirihe sotta4 S ate'Leg3:"s "Iature" "has. 'gddl.tionally -foundl and declared :that` } this, shortage, of; housing ..for, low ; ,and moderate income im>L s in imical to the safety, ,heil6 morals:: and welfare_. -,of '.the, resa,ddhts 'of the - .state" aEnd" to the` sound growth and .d.e,velopment .of - its,. ; comment :es. An, aaec gate supply of housing' o€ a "variety pf` ho s •"i*ypes ,serving per sons. n and fami1i. -es . of alb, income leyg s : and ; properly p4,anned ...And... related -to public transportat�.an, , °publ;i c w ... _.,. fac li -ies, ,pW_1 c g ut .3,it.ies and.,,sources of employment a'nd service is e5sent:al to the qr °derly growth;: and ;.prosperi�ti., of the state and is "GOiemuni,ties. Present Tpattdrn of grovi.dirig hQusi.ng unauiy ''`Iimi t the housing optione.r for . many - _ people .iti the "state's urban "centers, smaller communities . r on' metropolitan areas'. Minnesota States Section 462A.,01 "Subdivision "2 The shortage , of safe and sanitary housing for f low and mod er "ate ``income persons `recognized" by the ; Minnesota" le9i4ature ks ,,exacerbated . duri�g.. ; ,peri,ods ,.of, ,;,nterest rates. zt is the? policy 'of 'the Issuer' to ` "pro note . tkie development Qf safe and ,sanitary _housing ,and to enable - low t °E k Exhibit B and ":moderate income persons to own their homes ;,I y • providing long term;' ..income :loans :ta ,low aiid moderate income persons to. finance the:cQnstruction� rehabilitation and;: "acquisition - off =homes. The Issuer.plans to issue the' "Bonds /Certi:ficates in 1986`in' furtherance o€ the above- stated policies and in conformance .: to the following policies and goals.: 4 i) Targeting of Proceeds A portion 'of, the lendable proceeds of ' the Bonds /Certificates .may be targeted_ .to :;specific' areas,' ( ii) Description of Target `Areas Specif ic.-Tar.Iat Areas..have not t _yet..been determined. xii) Salectio of "Target Ar .fit ' has nQt ;Iet been -aetermined hots, target ;arias will ,a. Use of .Proceeds : in Target" Areas The .proceeds of .the BondsJCerta ficates will be targeted to specific areas, v) O'ute'r Pen in erit Information ion The 'need .to P rovide.,.decent, affordable housing .: _to ... e "Sons of - low and 'moderate income ,is the m ain ,goal of the` Issuers The Issuer .hoped to kach thls goal and 'at :the same' tune to provide .a v.ar,iety of housing choices for low and moderate income x n (3 Lav 7Incame Ha'using Assistance Policies and Goals t = , E, . Minnesota t law provides, that issuers of single family mortgage ,.revenue 'btirids prepare' a "friarcirig; program 'wh "ch establ.a,�sh 4- a.m is ,on the.. -ad�us - �.e , f c rocs cc me H of , .'persons and `families to .be .st t ed ` ?y .the "prog`ra . Act j ustec gross , . income is defined by ;Minnesota law as 'gross income -less ?SO for each; adult n : ,the €anvil- ',too a, - , ,maximum of two adults and l sa`" 500°"fot - 'eadh `dependent. in the family,, the adjusted gross income may :.not '= exceed the greater of (a) 110W Of the median , family income estimated by-,the ... States Aep:artment -'of _ Y�pus�nc�, and • urban deuelopment:fvr the"non-me-tropol.itan.county or nietrogol -itan , tatt.st�cal area in Whigh , the-Is 1 located, °or ; (bi " 00% -of tt a income;. 1 ;rnits :est aOL lshea' b' z r Exhibit B the Mnnsota H ou _.... _.., , . _...,... _..._ .._._ .,.,.. _.. .. _¢.._...._ sing Finance Agency `(MHFA) for the geographical area in which the :issuer is located'. !Jp to 24$ of all loans provided under all of an issuer's single family dousing programs be °provided °'to `persons: and families without° regard to income limits ,I in _certain. circumstances: provides) ;that- in. `n iinnesota l`aw also ' order to be eligible..'to obtain- an' 1- 10cati6n of authori - Y to issue c 1 fied mortgage revenue 'bonds a program must' provide .that ,all loans" will _,be: zes`erved fore at least'' ix fof.: persons and families whose ad3 au'sted family income{ is - 80% of the limits' on "adjusted 'g!ross ; income speci€ied:iabove: ho Isisuer plans= to issue the­ in 19 &b iiih furtherance of .,the policies 4f ` the - Minnesota:. Legislature evidenced by the „above - stated statutory limitations .on the x adjusted gross income of persons' and families served by.`single:famil.y housing programs and in conformance t4 the following policies and goals• ;. ,..- .. , . ( i) .Tar.geting,` of , Proceeds. According t o 4. �- c►f the proceeds : of the Bonds�Certif xeates will ,,bQ "tar 'eted`to o income . w pr- 4m income, i mats) pe�r.aons or families fo ,,the f rat,Six Months:­ of -the : program. tediar� income,, is. determined key the 1 ,Secretary.. of Housing and Urbana ,DeyielQpme and ►earls $ ­ 2, 800 for the,' non metropa>:itar county .or f • me.tropal,a tan. statistical area includ;ng •the jseuer as of ..November .12, 1985; All.af ath proceeds of the .BOnds�Ce tegrwil1 be targeted; tQ,.mo; erate ' income `( ,e« 11Q cat =median :- income). ;persons or families. , The e4fective limits onwadjusted gross income;f or <_: pe sours, and a flies bene;fitl.n 'frpm: the o 'ram will r. be riot° greater 'than the , greater. of ­110% of mecl:tap , nc ©me ar tbe, limits established by th 1+EiFAr ;,the MHFA limy tations an. ".0 x ° ©. 5, mortgage 14an VI eriest} rate would currently: be . S.O(3© and ; '$32�_Q00,, f or `'new .Rand `exist�.ng. homes, re pec uVq., All loans' will be ;eSeved for :persons ;and famlies with 'ad�,usted gross .income; ' le thin 89 Qf the ©gram:'; income limits for ;six months :from $the `'time when orgage_' loans will first be made ; evalakle kf'ram Z . ;. proceeds;. Up to twent ercernt of the mor<t a 'e loana ;..pruhasd with Bond proceeds may be made witho'u`t limitations a, to income but with respect to homes ,9cated _,in targeted areas,. as described ,irk Minnesota tatutes� Se,at.ion 6ZC.02 ; , Subdivs�on 9• u. 7 Exhibit B ( i ,k x thod of ;Tang e t nq P r,oc . Bond. doctments will 'p+armit the purchase off'' mans only i f such . °loarta.meet'all .regiremen`ts of; tfie band` pregram, including the requ�.rertent that 'leans Abe ' made to f,znar�ce ,.the aqusit.ian "of li�aesia3e: Andy 'to ho.usehol'ds , ,'which- :meet the ` income r'estr'icti`ons ' set f or th above . other' °Pe r1tine_n-t.'1n.f0rmatron . ' - None . (, ..i'v,) The need, to provide - decent and a�.far.dabl;e h.d.us ng 'to - persons of low'' and :mode;rate income is the main goal af. =.the >Is.suer." -: ,By. imposing. ;the " "income limits .,set forth above on° pez'sons ='and" Qbta:in,ing financing, under ahe; pr;ogram hs uer. hopes to .; ac!eve . thi:,s "goal and at.. the ':;same: time V .to" .; encaur of...... ` 9i S g and : rov "ide a uari.ety .of_ laausin g -_ ch.o�.c.es iaor 1cw end" moderate y ince per "sons om " ana .fama.l (C) COMPLIANCE WITH PRECIOUS REPORT M The 'Issuer has not published a Policy yReport under . Section :103A.. pr iqr, to :this Policy Repot. (D) COMPLIANCE WTTH INTENT "'OF CONGRESS­ On December .19, 1 the Issuer, issued its Ingle FamilX Mortgage .Revenue Bonds in the aggregate .pr pal amount 'of' $7, 700,225 (the "1982 Bonds"); in ,an effort -,to assist lower,- income families to afford .;home:' ow.nersh p, As Of' Novembe 3.0, 1985, i;3, 562 + of the bond . pr , . oc`ee'ds remained available: for. yuse. 'Fhe fgl:lowing r nfamation a.s provided with 're 8 e ct to ; rthe. rig "82 bond's': (1) Method of Distributing 1982 Bonds `;Proceeds. - The I "`proceeds of the 19 "Sorids haue been allocated to °.tne pubchase: Qf I oars made to . f n igge. "the acquisition' o:f 'new, 'homes constructed by .particular developers panic: gating in the -'bond program and constructing homes in ; the :City of Brooklyn. Center as well as to 'purchase . loans to finance , "the acquisition ,of exi "st�.iig. homos� acid .purohaseci fl home homebuyers wh© meet 'program income requirements. a Exhibit B y: (2) „' Assistance to Lower Income Families S The 1982 Bond documents, required . that for the ?first S ix 'months all mortgage loans purchased must * be made to persons or families with an adjusted <gross! income not exceeding 80% of the,progr,am limits. ";After :such `six -month peri 'any, mortgagor. must have a family income not greater than the program income limits described below, provided that up to ,20 of -the - mortgage loans could be made o. mortgagors within income restrictions for the acquisition of homes located in targeted areas as - described in Minnesota Statutes, Section A62C.04,; Subdivi 'lion 9. Accordingly, "'the - has ;complied with the intent of Congress that State and "Local governments are expected -to. use their - authority _ issue qualified mortgage .bond .to' `the 'greatest :extent' �feas�i'ble;- (�taking int _acc`ount. pre "v interest. rates - -and c'o�idz.tions in the housing market) to assist lower i,�ncQme' families. to afford ho ome °ownership before,.assi-stin: . h,igh,er 'income faml,ies�:: - {3 ); _ lncome' .Level.a " _The,. income •1mits applicable to the ];982.±Bands ar.e the`..seine income, limits "de'scrwibed in Section 4 -i)- of th1s Policy Repo,rt... The ,applicable. NQ F'A income limits curr,eptly, are; $35, 040 for new :homes l GQG fog , e�stng homes. (E) SUMMARY ,4F FEARING COMMENTS A public hearing on the :proposed Po>+cy sport. was duly `,held an r a9$ ; 5 ,following .; , publicattion of notice of such hears ng an , 1985: the following co�mm�ts Owe race, W. [Insert here summary o,f the comments ` on -the Proceed Fol ey y Repo.rt , - whit - were- -rece.1v6d at 'the Public Bearing. If none, i.nsert.the followin g sentence; N m� o comnts.on the proposed `report were made at° °the Public earYng..] P r ..L . 1.,ate e Exhibit B This report is'subliitted by the undersigned-,elected representative, of the Issuer Iand, thee - udersignedelected representat of- the: Cty.,of ,. ; ; and- the City of , ] [Applicable Elected RePresentatve] [Tale] [SEAL] ATTEST. 0128E'' -$- q,4 Member introduced the following resolution and moved its adoption: .RESOLUTION NO. ADOPTING A HOUSING BOND PROGRAM FOR THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS, AUTHORIZING SUBMISSION OF SAME TO THE MINNESOTA HOUSING FINANCE AGENCY, AND APPROVING A POLICY REPORT OF THE CITY OF BROOKLYN CENTER WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act "), the City of Brooklyn Center (the "City ") is authorized to adopt a housing plan and carry out programs for the financing of single family housing which is affordable to persons of low and moderate income; and WHEREAS, the Act requires adoption of the housing plan after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least thirty days in advance of the hearing; and WHEREAS, the City has adopted a housing plan (the "Plan ") after at least thirty (30) days published notice and otherwise as required by the Act; and WHEREAS, the Plan provides for programs for the issuance of bonds to finance the acquisition of single family housing primarily by persons and families of low or moderate income in accordance with the goals, conditions and requirements of the Plan; and WHEREAS, the Act requires adoption of a housing finance program after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least fifteen days in advance of the hearing; and WHEREAS, the City has on this date conducted a public hearing on a single family � y housing bond program (the " p gr ( e Program ), after publication of notice as required by the Act; and WHEREAS, the Program was submitted to the Metropolitan Council at the time of publication of notice of the public hearing, and the Metropolitan Council has been afforded an opportunity to present comments at the public hearing, all as required by the Act; and WHEREAS, the Program provides for the issuance of single family mortgage revenue bonds in an aggregate amount not exceeding $10,000,000 (the "Bonds ") to finance the acquisition of single family housing primarily by persons and families of low or moderate income and first -time homebuyers, all as more fully, described in the Program attached hereto as Exhibit A; and WHEREAS, the Act further requires submission of the Program to the Minnesota Housing Finance Agency (the "MHFA ") by January 2nd, 1986 in order to be considered for an allocation by the MHFA of authority to issue qualified mortgage bonds pursuant to Minnesota Statutes, Section 462C.09; and RESOLUTION N0. WHEREAS, in order to issue single family mortgage revenue bonds in 1986 the interest on which is exempt from federal income taxation, the City must submit to the Internal Revenue Service on or before December 31, 1985 a policy report (the "Report ") and such Report must be published by the applicable elected representative of the City; and WHEREAS, the City on the date hereof has conducted a public hearing on the Report after publication of notice of such hearing at least 15 days prior to the date hereof in a newspaper of general circulation in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Brooklyn Center: 1. That the Program for the issuance of single family housing revenue bonds in an aggregate principal amount not exceeding $10,000,000 (the "Bonds ") is hereby in all respects adopted in the form attached hereto as Exhibit A. 2. That the City hereby approves issuance of the Bonds pursuant to the Program and hereby authorizes the staff of the City to cause the Program to be submitted to the MHFA, to do all other things and take all other actions as may be necessary or appropriate to car out the Program in accordance cordance with the A other applicable laws et and any pp and regulations. 3. That the City hereby approves and adopts the Report in substantially the form attached hereto as Exhibit B, and authorizes and directs the Mayor of the City to execute the Report on behalf of the City and authorizes submission of the Report to the Internal P Revenue Service. 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. CITY OF 6301 SHINGLE CREEK PARKWAY 0 0 BROOKLYN CENTER, MINNESOTA 55430` LYN TELEPHONE 561 -5440 C _ Ej? L%1T 1J ' EMERGENCY- POLICE -FIRE 911 December 28, 1984 GAB Business Services, Inc. 4510 West 77th Street Minneapolis, MN 55435 RE: League of Minnesota Cities Insurance_ Trust Policy No. MP 822 -600R Dear Sir: I have enclosed a copy of a claim for damages filed by Mrs. Phillip Bailey, 5436 Emerson Avenue North, Brooklyn Center. The claim is for alleged damages to personal property which resulted from a sewer back -up on December 7, 1984. I have also enclosed memorandums from Jim Grube, City Engineer, concerning • this claim. Sincerely yours, Paul W. Holmlund Director of Finance PWH :ps Enclosures cc: Mr. Jerry Coughlin 6901 Bethia Lane Brooklyn Park, MN 55429 Mr. Richard J. Schieffer LeFevere, Kennedy, O'Brien & Drawz ` 2000 First Bank Place West Minneapolis, MN 55402 „ Ilse So.�cellsucq �3Z4�tC (� •• MEMORANDUM TO: Paul W. Holmlund, Director of Finance FROM: Jim Grube, City Engineer DATE: December 28, 1984 RE: Mrs. Phillip Bailey Claim (5436 Emerson Avenue North) Attached is a letter from Mrs. Phillip Bailey regarding a sewer backup on December 7, 1984. Our records indicate that one crew member was dispatched to the Emerson Avenue North location at 7:00 P.M, on December 7, 1984, and that a blockage had occurred in the street. Review of our historical files shows that no crews were dispatched to that area for at least two years (our search went back through 1982); however, the homeowner indicated to the Utility Foreman that a previous blockage had occurred some 13 years earlier. As part of the Department's ongoing operation and maintenance program, routine sanitary sewer inspections were made in this block on March 20, 1984, July 11, 1984, and November 10, 1984. No blockages were detected during those routine inspections. w CITY OF 6301 SHINGLE CREEK PARKWAY ar, 00 F, LYN BROOKLYN CENTER, MINNESOTA .55430. TELEPHONE 561 -5440 ENT EMERGENCY— POLICE —FIRE 911 December 24, 1984 Mrs. Phillip Bailey 5436 Emerson Avenue North Brooklyn Center, MN 55430 Dear Mrs. Bailey: This letter shall serve as acknowledgement of receipt of your letter of December 18, 1984, wherein you notified the City of your claim of costs incurred as a result of a sewer backup on December 7, 1984. Please be advised that, via copy of this letter, I am forwardin g your claim to the City's insurance carrier, who will be in contact with you in the near future. Sincerely, J. N. Grube, P.E. City Engineer JNG:ps f. "7(rc Sa.xetlrc.c � I aae & " ,, � r �d♦ x qhx t .:f.S it' $tom 4 t; ; Decemb+er8,' 1984 Btaklyn '£ enter MN Mr. Gerald Splinter, City Manager City of Brooklyn Center c.. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: I hereby submit a claim to be filed with the City of� Brook] yn w ..-- Center in the amount_ .off $229 � OQ- elafim.i`tot�- the ° incident: - i nvolYng'. tire sewer back u { i /,:.which I spoke with you about= on 12/10i::' - ''''` Tam attaching a copy of the bill we paid for services performed on our sewer line. This involved running the apparatus through the line twice, as requested by Mr: Bob Zimbreck, Supervisor of your Sewer and Water Department. The claim also includes re- placing the carpet in the area where the drain is located, copy of invoice attached, four hours clean up time for Phil Bailey, Bill Sukau and Bill Bailey at $5.00 per hour and 3 loads of clothes washed at the laundromat for a total of $4.00. If you have any questions regarding this matter I may be reached at work at 542 -3621 or at home after 4:30 at 560 -0932. Your immediate attention in this matter will be appreciated: Sincerely, t Cleora Bailey (Mrs. Phillip) 5436 Emerson Avenue North Brooklyn Center., MN 55430' =►ry 4 attachments i ff jj F O } 4 � Fit t + T4. �55s k ict �yi t� 1 � f h 42 y R Amml `" Qr MI q 3 ..✓ t '� �,� v =cf, ,. �, t �,. •�t``f Q '" Y* 3 s : � Sy - `'�, 'r��r�`��'iF3 �7 .i'� f ;x �, b fn. -u.VS. ' f`•x i"R s 3 a$ y W't�i'r - aT✓" A rPt> . - .k # �' Y M: ° ' ICt ;✓r' :T' z ed -�� .w �: Yr� ; Ps, �4`Y• �y s?; ✓t,4'•� Y .. = -. � .. � -•- - — '` - r �s -.€:- ,a fir �� t�� x �'- � t.- � 'se - .recfe ri' y t K A. 6 F.e � :: ,x t . �` i >•rr � xihs,d- '�"'r,a „� e��"� � Ar'- p,�.c� ,3fy. rt X � s w - z` rx. a.. ..d ✓ z .: L.st t r4� k'X 'W.SLS . -r '4r. i r'5 N '?• � � ,} +.x -'�`� �� a ?"+y zz t^`.T.a^, OWE .,` s. 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D ,.a..x:.e,,.1 t 1 7 h,� 5'` Y;. d r #t�"• t.'..:1 i'>�`t. rP 1, +�'': ,� " i' r4� „.r �> a , M & C NO. 85 -11 lob) November 14, 1985 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Status Report on 1986 Budget Hold Items and Other Questions To the Honorable Mayor and City Council: As a part of the 1986 Budget approval process the City Council placed "holds" on a number of items in the Budget, and also asked for additional information and follow- up on others. The Council placed holds on computer systems development in two budgets. One was the Ultimap system and the other was the automated Fire Department reporting system.' At this time I am not requesting the removal of holds on either of these items, merely bringing you an update on consideration of these systems. The Ultimap system is an automated mapping system which can be used primarily by the Engineering Department, but also by the Assessing, Planning and other City Departments. It is a piggy -back type system to the Hennepin County mapping system. Five LOGIS cities have committed in their budget to fund the Ultimap pilot project. Each community has budgeted $30,000 and LOGIS has in its budget an additional $30,000, bringing the pilot project funding to a total of $180,000. Between now and April a committee of these five communities, a consultant and the LOGIS staff will document the attributes, benefits and costs of this system. When this preliminary report is,' complete in the spring of 1986, -I anticipate we will be coming back to the Council for - approval of the release of the hold on this item ,in' the 1986 Budget. Currently a similar committee is reviewing the Fire Department automated reporting system. The currently do not have a i Y fixed schedule du f Y le o when their reliminar work will be P Y complete. I will inform you of that date when I_ receive it. The Council also placed a hold on the purchase of a computer in the HRA Budget. Members of the Council were interested in a report as to whether or not the staff had considered a network system among the various micro - computers in City Hall. Staff reviewed this possibility and because of the tie-in we have with LOGIS and the current needs in the 'individual departments, we don't believe that an individual networking system among the micro- computers in City Hall is yet warranted. Any of the equipment we are buying will not preclude us from going to this system at a later date as all of our equipment will be compatible with a hard disk system, which could be installed and allow all the micros to communicate. At this point in time we are still favorably inclined to go with the individual computers and disk systems and not a coordinated hard disk system. However, in the future that may well be the way to go but we do not believe it is the best thing to -do at this time. The equipment purchased will be compatible if at a future date we decide to coordinate and tie all the equipment together in a network. At this time we are requesting the Council withdraw the hold from the purchase of the micro - computer for the HRA. The City Council also questioned the cost of attorney services in the 1986 Budget. They asked the staff to review possible alternatives in cutting the,cost of attorney services. Currently we are reviewing the possibility of coordinating prosecution efforts with a neighboring community in an attempt to cut costs. Council also asked that I give some information on the potential of bidding for legal services. The bidding for legal and other professional services in the same fashion you bid for M & C No. 85 -11 -2- November 14, 1985 trucks, computers and other equipment is not an acceptable way to acquire such services. The reason is that you cannot write specs on professional services in a manner you can write equipment specifications. There are simply too many variables in provision of professional services to make it just a price bid. There is, however, an accepted method of "bidding" for professional services. That method is to develop Request for or Pro osa q 1 which allows P l ws some latitude for the professional f service providers to describe the services they will provide and at least quote hourly rates on the various services. We have hired architects, engineers and other professional services with this system and although it is not as clear cut as equipment specifications, it does provide a reasonable process for both the provider and the user of the services. The selection process is still somewhat subjective � ve but. it is structured and it does give service providers an equal opportunity to present their case. Generally speaking a Request for Proposal is written by-the staff. It describes the various types of services, in this case legal, which are desired and then allows the providers to react to the proposal and submit cost estimates, usually on an hourly basis. The next step in the process is a staff review of the proposals received by providers. Then a recommendation of two or three proposals for further Council consideration. The City Council then is left with a choice among two to three providers with the staff narrowing down and eliminating some of the proposals by providers. The development of the Request for Proposal document and the resulting staff analysis of proposals and recommendations to the City Council will be a time consuming staff process. Should the Council be interested in commencing such a process your staff will not have time available for such a project before January of 1986. With the following documentation I am requesting the removal of the hold on the purchase of the 4 -wheel drive Suburban type vehicle in the Fire Department Budget. During the Budget process the City Council questioned the need for the heavy duty 4- wheel drive type Suburban vehicle. They asked that we examine more thoroughly the need for this type vehicle. The Council did not question the need for replacing the current 1 Ch evrolet evrolet wagon but questioned the size and the 4- wheel drive feature of the Budget proposal. The Fire Department and I believe there are numerous reasons for the utilization and need of this larger heavy duty type vehicle. On many occasions the current wagon has proven to be undersized when transporting firefighters and attempting to accommodate various equipment while responding to and from many different fire scenes. There is currently a need for a vehicle to transport from the he fire scene hose, smoke fans, Scott air paks and other types of fire equipment. The current wagon is used for these purposes, but is not really sized or has the proper interior for this kind of use. The transportation of this type of equipment in the proposed vehicle would be to allow the fire trucks to clear from the scene and be placed back in service more rapidly. Generally the Department clears the fire trucks from the scene before all the equipment is placed back in them as we need some of this equipment while the Department' is investigating the cause of the fire. The proposed vehicle is spacious enough when compared to vans or full sized station wagons s g o it can transport six men in full fire g ear with their breathing apparatus. We intend to utilize this vehicle when responding to mutual aid calls in other cities as well as our own. It is very difficult at times to get four men into the present full sized wagon with their firefighting gear. The Department is requesting the 4 -wheel drive feature for use on the west side of Brooklyn Center. This feature would enable the west side station to ick u P P firefighters in snow storms and respond to medical calls in inclement weather. We have found this has worked extremely well at the east side station as we have used the M & C No. 85 -11 -3- November 14, 1985 current 4 -wheel drive pickup truck during storms for this type of response. The Department further believes this type of vehicle with the 4-wheel drive feature would be used for backup to haul the rescue boat in spring and summer when the 4 -wheel drive grass rig is needed to be available in case of grass fires. We believe the 4- wheel drive Suburban type vehicle is not that much more expensive than the station wagon or van. This is especially true when you consider the versatility of the Suburban over these other vehicles. The following listing is the cost of the various vehicles without the radio and light bar costs included: Full sized station wagon $15,500 Club type van $16,000 Suburban 4 -wheel drive vehicle $18,000 Should any of the Council members have any questions regarding any of the matters considered in this memorandum, please do not hesitate to give me a call. Respectfully submitted, AqA& 4 -5 � Gerald G. Splinter City Dtnager CITY OF BROOKLYN CENTER log,: MEMOS TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Administrative Assistant DATE: November 14, 1985 SUBJECT: Amusement Device License Fee Survey Between October 30, 1985 and November 7, 1985, 56 metropolitan cities were contacted to determine what, if any, fees and limitations are set for the operation of amusement devices such as video games. Attached you will find a listing of the responses of those cities in which fees are required. (Brooklyn Center is included in the listing.) Following, is a summary of those findings. CITIES WITH No FEES OR LIMITATIONS These six cities have no fees for operation of amusement devices in their cities: Afton, Burnsville, Fridley, Inver Grove Heights, Shakopee and Stillwater. ANNUAL LICENSE FEES (PER MACHINE) Included in this category are 43 cities with specific fees on a "per machine" basis. Those cities that charge a fee for a range of number of machines were i not included in this section. The operator's fees for Brooklyn Center and New Brighton are included. Brooklyn Center charges $50.00 per machine. Range: $5.00 to $110.00 per machine Average Fee: $41.92 Median Fee: $35.00 Most Frequently Cited Fee: $25.00 Standard Deviation: $25.00 OPERATOR'S FEES Only St. Paul charges an operator's fee over and above the "per machine" fee; their rate is $889.00. ANNUAL AMUSEMENT CENTER LICENSE FEE Eleven cities charge a fee for amusement centers. Brooklyn Center is not one of these cities. Range: $25.00 to $1,200.00 Average Fee: $411.36 Median Fee: $300.00 Most Frequently Cited Fee: $100.00 Standard Deviation: $365.00 CONDITIONAL USE PERMIT FEE Included in this category are five cities which stated a conditional use permit is required. Range: $40.00 to $250.00 Average Fee: $158.00 Median Fee: $125.00 Most Frequently Cited Fee: $125.00 and $250.00 Standard Deviation: $81.00 INVESTIGATION FEE Only six cities require payment of an investigation fee. New Brighton's fee varies depending pe ing on the applicant, and, therefore, an average fee for New Brighton was used to calculate the following figures. Brooklyn Center charges a fee of $100.00 except to liquor establishments. Range: $3.00 to $300.00 Average Fee: $94.67 Median Fee: $100.00 Most Frequently Cited Fee:- $100.00 Standard Deviation: $96.00 OTHER F Please review the report for the various fees and specific commnts. Brooklyn Center charges a $150.00 annual vendor license fee. RE CENT OR EXPECTED CHANGES Five cities have recently lowered their fees and six cities plan to increase their fees in 1986. Note that several cities that have lowered their fees have done so at the request of license applicants. GENERAL COMMENTS Please review the attached for other comments. Page AMUSFMn DEVICE LICENSE FEE SURVEY 1 November, 1985 CITY OF BROOKLYN CENTER Annual Annual License Fe.e Operator's Amusement Center Conditional Investigation Recent or City ( Per Mach Fee License Fee Use Permit Fee Fee Other Fees Expected Changes General Comments Anoka $60.00 $300.00 $100.00 $25.00 Premise Per machine fee Investigation fee for Amuse- Investigation Fee was $100, but ment Centers is $150.00; for each new machine lowered due to Amusement Centers are limited complaints to 10 machines per location; limit is 8 machines per location for all others --------------------------------- --- - - - - -- ---------- - - - - -- -------- - - - - -- ------- - - - - -- ---------------- - - ---- ---------------- ------------------------------ Apple Valley - - - - - $150 - 1 -5 machines - - $200 - 6 -10 machines $250 -11 -15 machines $250 plus $10 per machine -16 or more (all annual fees) Blaine $100.00 - $100.00 plus ° $125.00 - Liquor establishment - Recently Theisen Vending Co. $35.00 per (Amusement that are not amuse- requested changes and, after chine addi- Centers only) centers pay $100 per review, the City Council made tional machine for the no changes. Locations are first three machines limited to 3 machines (except and $35.00 per liquor establishments and machine for four or Amusement Centers) more machines (no limit) -- - - - - -- --- - - - - -- - - - - -- - - -- --------------- - -- - -- ---------- -- - - -- - ------------------- --- - - - - -- Bloomington $39.00 - - - Locations are limited to 6 machines unless in a Commercial Recreational Zone where there is no limit - - - - - -- - --- - - - - -- ---------- - - - - -- -- ------ - - - - -- ------- - - - - -- --------------- - - - - -- ---- -- ---- -- - - - -- ---------------------------- Brooklyn Center $50.00 - - $100.00 $150.00 annual - Liquor establishments do not per vendors license pay the investigation fee machine ----------------- -------- - - - - -- -------------- ----------------------- ------------------ ------------------------------- Brooklyn Park $40.00 - $450.00 - ----- ---- - -- - - -- -------- - - - - -- ---- --- - - - - -- - - Champlin $50.00 ------------------ - -- -- - - -- -- ---------- - - - - -- -- ------------------ ----- - --- -- -------- - - - - -- AMUS1M4T DEVICE LICENSE FEE SURVEY Page 2 November, 1985 CITY OF BROOKLYN CENTER Annual Annual License Fee Operator's Amusement Center Conditional Investigation Recent or C ity _ ( Machine Fee License Fee Use Permit Fee Fee Other Fees Expected Changes General Comments Chanhassen $25.00 - - - - - This ordinance was passed two years ago and has never been enforced (no one is charged the license fee) - - -- - - -- ---------- - - - - -- ------ - - - - -- -- ------ - - - - - -- --------------- -- - ° - - - - ------ -•-- - - -- - -- --------------- - - -- - - - - - - _ -- - - - --- Chaska $25.00 ----------------------------------------------- ---------------- -------- - - - - -- ------- - - - - -- ----------- ---- - - - - -- ---------------- ----------------------------- Columbia Heights $50.00 - 500 plus $5,000 - - - - Nine or more machines bond requires an amusement Center lice..nse. ----------------------------------- ______ _ ___- _-- _____ -__ __-- _- _________ -- ____- _ -_ -_ -_ _____-- __-- _- __ - - -___ ---- ___- __ - - - -__ _-_---____-________------___- Coon Rapids - _. $25.00 -• - - _ ---------------------------------------------- __- ____ _____ _ ___ ____ ____ __ ____ Cottage Grove $35.00 - - - - - -- ----------------------------- $65.00 - - - -- - - -- -- -------- - -- - -- - - - -- _ __ _______ Crystal $104.50 - - - - See General Comments - For 10 or more machines, an additional annual fee of $3,000 is charged. For more than 30 machines, an addi- tional annual fee of $30 per machine is charged ------- - - - - -- - ------- - - - - -- ------- - - - - -- - - - - - -- Eagan - $250 first - $25 1 -3 machines Fees recently - year, $50 for $200 - 4 -15 machines reviewed and no each year $400 -16 or more changes made renewed machines (all annual fees) - -- --- - - - - -- ---------- - - - - -- ------- - - - - -- - -------- - - - - -- - --------------- - - - - -- -- -- Eden Prairie $25.00 - - - Current rate - lowered from $150 per machin (after receiving pressure to lower) - - - - - -- --- - - - - -- - ---- ----- --- - -- ____ Edina. - --------------- - - - - -- ---------- - - - - -- ---------------------- $5.00 - - - $25.00 - per location Locations in Planned Commer- cial. I zones are limited to 2 machines,- there are no limits to those locations in Planned. Commercial II zones AMUSF4ENT DEVICE LICENSE FEE SURVEY November, 1985 Page 3 CITY OF BROOKLYN CENTER Annual Annual License Fee Operator's Amusement Center Conditional Investigation Recent or City (P er Machine) Fee License Fee Use Permit Fee Fee Other Fees Expected Chan4_es General Comments Falcon Heights - - - _ _ _ - $25 per machine annual fee at locations with 4 or fewer machines; $15 per machine annual fee in a name room -------------------- ------- - - - - -- --- - - - - -- ---- ------- - - - - -- ------- - - - - --------------------------------------- ---------- - - -- -- ------------------------------ Golden Valley $50.00 -- ----------------- -------- - - - - -- ------------- --------------- - ° - -- ---------- - - - - -- ----------------------------- Hastings $25.00 $3.00 - - - - -- ---------- - - - - -- -------- - - - - -- -------- - - - - -- . ----------------------------- Hopkins $90.00 - $300.00 - - - Limit is 3 in the main down- (4 or more town area; no limit outside machines only) this area; however, those with more than 3 in downtown area prior to passage of the current ordinance were grand fathered in and have no limits -------------------------------------------------------- --------------------------------------- ----------------------------- Lakeville $25.00 - - - - - - - - -- - ---- --- - -- ---------- - - - - -- -------- - - - - -- ------- - - - - - -- --------------- - - - - -- ---------- - - - - -- ------------------------------ Maple Grove $50.00 - $500.00 $125.00 - - Conditional use permit is needed in certain zoned areas only and when more than 6 machines are at one location ------------- - - - - -- ------- - - - - -- - -- -- ----- - - - - -- --- - - - - -- --------- - - - - -- ------------°--- Maplewood $27.00 - - - $100.00 per location Will increase i-n $30.00 sp 1986 to $121 per ecial use permit for location and $30 amusement centers (more than _ - --- - - - - -- - ------ - - - - -- -- ----- - - - - -- ----- ---------- - - - - -- -- -- - - - - -- per machine 6 machines) - -- -- - --- -- - --- I --- -------------- Minneapolis $37.00 0 -4 $123 - - - Locations with 4--6 machines 5 -9 $242 pay an additional annual fee 10- 19$482 of $250. Bars with any 20- 30$721 number of machines over 3 pay 31 + $961 an additional annual fee of $50. Amusement centers (7 or more machines) pay an addi.- tional annual fee of $500.00 - -- - - -- -- - - - - - -- ------- - - - - -- - - - -- ---------- - -- - -- - - - - - -- - - - - -- -- °--- - - - - -- ---- -- - - - - -- - - - - -- ---------- - - - - -- ----------------------- - - - - -- AMUSEMENT DEVICE LICENSE FEE SURVEY Page 4 November, 1985 CITY OF BROOKLYN CENTER Annual Annual License Fee Operator's Amusement Center Conditional Investigation Recent or City ( Per - Mach - ne) Fee License Fee Use Permit Fee Fee Other Fees Expected Chanqes General Comments Minnetonka $11.00 - $40.00 - Will increase Locations with more than 6 in 1986, but machines must obtain a rate not yet set conditional use permit ------ - - -- - -------- - - - - -- ------- - - - - -- --------------------- --------- - - - - -- -------------------------- Mound $25.00 - - - -- ^ $100.00 - - - _ - Locations pay Amusement Center fee when the machines are the primary use ---------- ----- - - - - -- ------- - - - - -- --- - - - - -- --------- -- -- - - -- --------- - - -- -- ------- - - - - -- --------------- - - - - -- ----- ------ - --- -- ----------------------------- Mounds View $50.00 - $100.00 - - - Per machine fee Locations pay Amusement will increase Center fee when more than 5 to $55.00 and machines are present amusement cente fee to $110.00 (1 -1 -86) - --- - - - - -- -- --------- - - - - -- -------- - - - - -- 4 ------- - - - - -- --------------- - - - - -- ---------- - - - - -- ----------------------------- New Brighton - $50.00 Set on case -by- See General Ownership fees Proposal for Investigation fees are for per case basis by Comments 1 -2 machines $120 1986 is to Amusement Centers only as machine Council; $1,200 3 -15 machines $450 eliminate the follows_ Single Natural for one location 16+ machines $600 ownership fees Person: $75.00; Partnership- $150.00; Corporation or other association: $300,00; for changes in ownership, an additional $50.00 investi- gation fee is charged. Locations in certain zoned areas are limited to 4 machines -------------------------------- --------- -- New Hope - - _ -- - - - - -° 1 -6 machines: annual fee of $100.00 per machine; for every machine over 6, annual fee is $50.00 per machine - - -- - - - - -- ---- - - - - -- -- -------------------------------------------------- ----------------------------------------------- Newport $25.00 - _ _ _ Only General Business Zones are allowed to have machines and the limit is 10 per location, must be 19 or older to use the devices ---------- - - - --- - -- ------ ° - - - - -- - -- -- - - -- --- ------- -- - --- -- ---------- --- - -- -------- - --- -- --------- ----- - - - - -- -- ------ - - - - -- --------------- ------- - - - - -- AMUS1 DEVICE•. LICENSE FEE SURVEY Page 5 November, 1985 CITY OF BROOKLYN CENTER I I Annual Annual License Fee Operator's Amusement Center Conditional Investigation Recent or City ( Per Machine) Fee License Fee Use Permit Fee Fee Other Fees Expected Chanqes General Ccttments North St. Paul $15.00 - - - -- ---------- - - - - -- ------- - - - - -- - -- --------------------------- Oakdale $25.00 $100.00 per location - - --------------- - - - - -- ---- •-- - - - - - -- --- - - - - -- ---------- - - - - -- -------- - - - - -- ------- - - - - -- ---------------- - - - - -- ---------- - - - - ------------------------------ Orono $25.00 - - - - $100.00 per location - - ---------- ----- - - - - -- ------- - - - - -- --- - - - - -- ----- ------ - - - - -- -------- - - - - -- ------- - - - - -- ---------------- - - - - -- --------- - - - - -- --------------------------- Osseo $10.00 - - - - - - With six or more machines per location, it is necessary to obtain a conditional use permit --------------- - - - - -- ------- - - - - -- --- - - - - -- ---------------- Plymouth - - $1,000.00 plus - - - Amusement Centers are $50.00 per defined as those locations machine with 7 or more machines; locations with 6 or fewer machines pay no fees - -- - -------- - - - - -- -------- - - - - -- ------- - - - - -- --------------- - - - - -- ---------------- --------------------------- Ramsey - - - - $25.00 annual fee - per location --------------------------------------------- ---------- - - - - -- - - -- ---------- ------- - - - - -- - - -- Richfield $110.00 - - - 1986 proposed Amusement Centers are not changes - $19 allowed in the City per machine and $60 -$80 per location - -- ---- --- - - - - -- ------- -- - - - -- + -- --------------------------- Robbinsdale $50.00 - - - - Increased fee from $25 per machine in 1994 - - - -- ----- ---- -- - - -- ----- -- - - - - -- ------- - --- -- ---- ------- ---- - -- - -- -------------------------------------------- Roserount $12.00 - - - - Roseville $60.00 - -- -------- - - - - -- ------- - - - - -- - - - - - -- -------------------------- St. Anthony $50.00 ° - Recently A total of 106 machines are increased from allowed in the entire City $25 per machine - - AMUSE DEVICE LICENSE FEE'SUWEY Page 6 November, 1985 CITY OF BROOKLYN CENTER Annual Annual License Fee Operator's Amusement Center Conditional Investigation Recent or City ( Machine) Fee License Fee Use Permit Fee Fee Other Fees Expected Changes General Comments St. Francis $12.00 - - -- - ----- ---- --- --- -- ----- - - - - -- -- ----- - - - - -- - ------ -------- - - - - -- --- ------ - - - - - -- --------------------------- St. Louis Park $30.00 - - - - - Recently reduced In certain zoned areas , the from $50.00 per the maxinxn number of machine; also machines allowed per location eliminated owner is 20 ship & investi- gations fees - - -- -------- - - - - -- ------- - - - - -- -- - - - - -- ------- ----- ------- - - - - -- St. Paul $59.00 $889.00 $2.50 application fee 1986 increases - - $60.25 per chine and $909.25 operator's fee -------------------------------------------------------------- ------- - - - - -- ----- -- - - - - -- --------------- - - - - -- j ---------- - --- -- j -- ------------------------- St. Paul Park $30.00 Locations are limited to 5 chines - - - - - -- ---- ----- -- - - -- ----- -- - - - - -- ------ - - - - -- - - - - - -- South St. Paul $35.00 - - -- - ------ - - - - -- ---- - - - - -- _ Spring Park -- -- - °------ - - - - °- -------------------- - - - - -- - - $293 owner fee and - - 37.40 per machine operator fee - - - - -- - ------- - - - - -- -- - - - - -- - Wayzata $25.00 ------ - - - - -- ------- --- - - - - -- ------------------- -- - ------ - - - - -- ------- - - - - -- W i ---------------------------- West St. Paul $25.00 - $250.00 - - Recently reduced Conditional use permit fees from $440 operatoi for Amusement Centers only fee and $50 per vachine fee; may increase per - iachine fee back to $50.00 - ----- - - - - -- ------- - - - --- ------ - -- - -- -------------- - - - - -- -------------------------------------------- White Bear Lake $85.00 - _ _ _ Locations are limited to 1.1 chines -- - - - - - -- ---------- - - - - -- -------- - - - - -- - ----- - - - - -- ----- - - - - -- -------------------------------------------- - -------- Woodbury $60.00 - $250.00 _ _ ---------- •----- - - - - -- ------- - - -- -- - -- - - - - -- ----------- --- - -- -------- - - - - -- - --- •--- - - - - -' -------------- - - - - -- ------ --- - - - - -- --------------------- - - - - -- IDS , MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Administrative Assistant DATE: November 15, 1985 SUBJECT: Council Meeting Schedule for 1986 The following dates are recommended for adoption by the City Council as the Council meeting schedule for 1986. January 13 July 14 January 27 July 28 February 10 August 11 February 24 August 25 March 10 September 8 March 24 September 15* September 22 April 7 September 24* April 21 October 13 May 5 October 27 May 19 November 10 June 2 November 24 (Board of Equalization) June 9 December 8 June 23 December 22 *Special budget session 5800 85th AVENUE NORTH / BROOKLYN PARIS, MN 55443 / 612 -425- J� y - CITY OF November 8, 1985 BROOl4LYN PA Dear Mayors: Tuesday, November 19, 1985, will be the fourth meeting of our Mayor's group. To establish ourselves as a formal organization we need to have our cities adopt a Joint Powers Agreement. We will then be able to create a Board of Directors, establish an operating committee, and levy an operating assessment. As a result, I request that you be prepared to discuss the enclosed Joint Powers Agreement at our next meeting. At our Blaine meeting I asked you to take a proposed Joint Powers Agreement and legislative issues statement back to your City Councils. Staff representatives from cities that officially responded to my request met to discuss those documents. They recommended a shorter, less formal Joint Powers Agreement. This committee also felt our group's effectiveness would be better if we focused our attention on one or two issues i.e., transportation and economic development. Also, at the request of the committee, Brooklyn Park met with Vern Peterson, Association of Metropolitan Municipalities, to see if AMM would be interested in supplyin clerical assistance to our group. Mr. Peterson offered to present the idea to his Board but felt the idea may not be in the best interest of the Association. Regardless of who supplies clerical support, we need money to continue with a "program ". A modest operating assessment to cover operating costs is needed. If the group determines a need to hire a consultant at a future date, then an additional levy would be imposed. I recommend two cents per capita for full city members and $200 for associate city members be charged to fund our groups operations. Financial contributions from private associations, entities, or financial, institutions would be based on employees, members and /or deposit base. Mr. Darth from my City has volunteered to assist the officers of our proposed organization. His office and City of Brooklyn Park's clerical staff, therefore, will be available (on a limited basis) to assist our group. The use of Humphrey Institute or similar - school graduate students has also been recommended for special projects. Likewise, this person could also work out of my city. A 1986 legislative program can develop after we formally organize. Since February is only two months away, quick action is needed on a Joint Powers Agreement to start our program. Sincerely, Jame J. Krautkremer, Mayon City of Brooklyn Park 5800 85th AVENUE NORTH / BROOKLYN PARK, MN 55443 / 612- 425 -4502 CITY OF BROOKLYN Mayors' Group PARK AGENDA Fourth Meeting 5:30 p.m. November 19, 1985 Season's Restaurant 12800 NW Bunker Prairie Road Coon Rapids, Minnesota 1. CALL TO ORDER AND REPORT FROM MAYOR'KRAUTKREMER 2. STATE /METRO ISSUES UPDATE (Rep. Bill Schreiber, Chairman Tax Committee A. Fiscal Disparities =.aB. Tax Increment Financing C. Industrial Revenue Bonding D. State Budget Revenues E. Mega -Mall 3. DISCUSSION: Formal organization - `Joint Powers Agreement 4. ISSUES FOR ORGANIZATION: Transportation and Economic Development 5. SCHEDULE FUTURE MEETINGS /SPEAKERS 6. OTHER BUSINESS 7.'- ADJOURNMENT NOTE: Effort will be made to keep meetings to two hours. Notice of Meeting Metro Mayors' Group DATE: Tuesday, November 19, 1985 PLACE: Season's Restaurant 12800 NW Bunker Prairie Road Coon Rapids, Minnesota TIME: 5:30 p.m. Social Hour 6:00 p.m. Dinner 6:30 P.M. Meeting RESERVATIONS: Please call Charlie Darth at 424 -8000, Ext. 269, no later than 12:00 noon on Monday, November 18, 1985. Meal Choice: 1. Baked Chicken 2. Ribs & Chicken Combination 3. Broiled Walleye Prise: City of Coon Rapids hosting NOTE: Both Mayors and City Managers are invited! T JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMUNITIES This Agreement, made and entered into effective the first day of January, 1986, by and between the Cities and entities of hereinafter referred to as the "Agencies." The Agencies hereto agree to establish an organization to be known as the to promote transportation and economic development projects. Any other public or private entity may become an Agency upon approval by a majority of the then Agencies. Minnesota Statutes Section 471.59 authorizes two or more governmental units to enter into an agreement for the joint and cooperative exercise of any power common to the contracting parties. Whereas, improvements to transportation systems serve the Agencies by promoting the public's health, safety and general welfare and economic development enhances the local tax base thereby enabling Agencies to provide needed municipal services at acceptable tax rates. Now, therefore, pursuant to the authority granted by Minnesota Statutes Section 471.59, the parties ,hereto do agree as follows: 1. BO O DIRECT The governing body of the Coalition shall be its Board of Directors. Each Agency shall be entitled to two (2) directors. Each director shall have one (1) vote.. Each Agency shall appoint two (2) directors, one (1) of whom shall be the City Manager or Administrator. A majority of the Board of Directors shall constitute a quorum of the Board. 2. MEETINGS. The Coalition shall meet on call of the President or by the Operating Committee. 3. OPERATING COMMITTEE The Board of Directors shall appoint an Operating Committee. The Operating Committee shall have authority to manage the affairs and business of the Coalition between Coalition meetings, but at all times, shall be subject to the control and director of the Board. The Operating Committee shall meet monthly at a time and place to be determined by the Operating Committee. 1 JOINT POWERS AGREEMENT ..Page 2 4. FINAN M ATTERS . Coalition funds may be expended by the Board.- Other legal instruments shall be executed with authority of the Board. The financial contributions of the Agencies in support of the Coalition shall be per capita. Each of the Agencies shall pay to the Coalition an amount as annually determined by the Coalition by February 1 of each year based on the most recent Metropolitan Council population estimates.` The Board may authorize changes in the per capita charge for all members upon majority vote. Financial contributions from private associations, entities, or financial institutions shall be based on employees, members, and /or deposit base. 5. WITH Any Agency may withdraw from this Agreement' effective on January 1 of any year by giving notice prior to October 15 of the preceding year. 6. ADDITIO PARTIES. Other cities, entities, counties or Chambers of Commerce may join the Agencies by executing a counterpart to this Agreement and by filing of the same with the designated representatives. 7. TERMINATION. The Coalition shall be dissolved if less than three (3) Agencies remain, or by mutual signed agreement of all of the Agencies. 8. NOTICE all notices or other communications required hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified maid, postage prepaid, addressed to the following parties: President, Board of Directors Chairman, Operating Committee 9. AM This Agreement may be amended only by written agreement entered into by a majority of the then Agencies to this Agreement. 10. M ULT I PLE EXE This Joint Powers Agreement may be executed simultaneously in any number of counterparts, each of which counterpart shall be deemed to be an original and all such counterparts shall constitute but one and the same instrument. An originally executed counterpart shall be filed with Charles Darth, City of Brooklyn Park. Each of the participating agencies shall also file a certified copy of a resolution of its governing body authorizing the execution of the Agreement. i 2 HARRISON PRICE MEGA -MALL REPORT Section 2 SUMMARY OF FINDINGS The principal findings and conclusions of HPC's analysis of performance forecasts for Minnesota International Center (MIC) are highlighted in this section of the report. No attempt is made here to present detailed findings or supporting documenta- tion, which are fully set forth in Section 3. RETAIL FACILITIES An examination of the Twin Cities retail market, including sel- ected comparisons with Edmonton, yielded the following major findings: • The retail trade base in metropolitan Minneapolis -St. Paul, currently amounting to almost $15 billion, is not only substantially larger than that of Edmonton, but also demon- strated greater resilience during the recent economic reces- sion. Retail sales in Edmonton, in fact, have exhibited only marginal growth since 1981 which, after adjusting for inflation, translates into a real- dollar loss. • In view of the lackluster performance of Edmonton's retail sector, the impact of the West Edmonton Mall (WEM) has probably been negative. Data suggest a considerable net displacement of sales from other retail businesses. • Additionally, there is little evidence that WEM has had any impact on Edmonton's visitor industry, which has shown a consistent downward trend since the late 1970s. -3- • Retail ' trade in the Twin Cities is projected to grow to more than $25 billion by 1 tourists contributing some , 13 percent, or $3.3 billion, of this total. Expressed . in constant 1984 dollars, 1990 retail volume will amount to 519.4 billion. This translates into a total incremental gain over the 1984 -1990 period of some $4.5 billion, or an average of 5750 million per year. The $1.2 billion needed to meet the Triple 5 Corporation forecast for MIC (an optimistic but not necessarily unattainable objective) consequently equals about two years' worth of growth in the market before allocating any of the increase to existing retail centers.. • MIC's implied share of the cumulative 1984.- 1990 growth increment amounts to 27 percent, an enormous proportional displacement for a single development. Fortunately, the Twin Cities retail market is strong enough so that only growth - is displaced - -no net erosion of retail activity (as • apparently occurred in Edmonton) need be anticipated. AMUSEMENT AND ENTERTAINMENT FACILITIES Conclusions with respect to the amusement, and entertainment component of MIC encompass the following: • Physical capacity limitations intrinsic to the envisioned sizing of the MIC amusement complex imply a maximum aggre- gate attendance volume of slightly less than 5 million. This estimate covers the ride complex, the submarine lake and dolphin show, the ice and roller skating facilities, .the waterpark, and other ancillary attractions contained in the development plan. • Thee developer's Corecast of 7.5 million' visits for this component is thus one -third higher than the physical plant can in fact accommodate even under the most favorable of operating assumptions. -4- f • It might also be mentioned in passing that the Triple 5 - projection of an average per capita amusement expenditure Of $15_ on -site exceeds all comparable experience except the Disney parks, despite the fact that capacity (and hence entertainment value) is much lower than that of comparable facilities. CONVENTION CENTER .The last of the major component facilities with which /this analysis was concerned is the convention center. Findings in this instance are:' The developer has P projected t ea P 80 0 � o0o de le g ates ele,ates for the proposed MIC convention center, 0 h 2 0 OOO of which would be displaced from existing venues in the area and the re- mainder induced. Netting out the displacement and adding back attendance at'the new center, total convention volume in the Twin Cities would rise to twice its present level as a_result of the project. + Nationwide, convention center construction is nearing the end of an unprecedented boom that began in the mid- 1970s. No less than eight major new or newly expanded centers will be added to the already extensive competitive inventory by the end of this decade. • If a center of the envisioned scale is developed at tiIC, Minneapolis -St Paul would be suddenly thrust into what is becoming an inordinately competitive scramble for conven- tion business. Development timing could not be worse. • A commentary on the developer's attendance and impact projections for this particular facility is academic in this context, and HPC strongly recommends that the whole issue of the convention center be separated from -5- 4 that..of the retail, amusement, and other facilities planned # for the site and evaluated on its own merits. POTENTIAL OVERALL IMPACT OF THE MIC PROJECT Merging the retail and amusement components proposed for Minnesota International Center, the following conclusions per- tain to the.overall performance and impact of the development as z a whole: ( • Triple 5 Corporation has estimated 26.4 million visits in the aggregate (exclusive of the convention center) for the MIC project. This figure includes the 7.5 million amuse- ment visits previously noted as physically impossible unless sizing parameters are materially enlarged. In E order to assess market penetrations implied by developer forecasts, however, this figure will be retained for illus- tration purposes. • 0 The implied retail /amusement market capture rate (total attendance divided by total market size) for MIC amounts to more than 600 percent for the resident market and roughly 50 percent for the tourist market. Rates in excess of l00 percent are associated with repeat visitation, meaning that the forecast implies that metropolitan residents will visit the center an average of six times pec year. The weighted average penetration of both market segments comes to 108 percent. • In the absence of reliable documentation that experience in Edmonton (the only direct comparable) supports capture rates of this magnitude, examination of partly comparable experience in this country -- including the Disney theme parks and major festival centers such as the Rouse Company attractions in Boston, Baltimore, and elsewhere -- indicates that MIC forecasts appear very optimistic and are perhaps grossly overstated. -6- • HPC considers a combined retail and amusement e t visitor . volume in the range of 15 million to 17 million to be generous (and sensitive to the notion that the 'unique ` project concept and sheer scale of development will ,gener- ate an above- average public response) , giving MIC an over- all market penetration rate of 60 to 70 percent. • Experience with massive development P projects in other locations, including Edmonton, suggests that little or none of this visitation and associated spending will be "new," or induced by the project. Whatever does occur will likely be limited to the first year or two of operation,: when public curiosity is at its peak. • Realistically, perhaps the best that can be expected over the longer term is that MIC will not have a negative impact on other Twin Cities entertainment attractions or shopping centers, r -7- M I N U T E S MAYORS' MEETING Thursday, September 5,1985 5 :30 p.m. Brook Hal Blaine, MN Mayor James Krautkremer convened the meeting at 6:17 p.m. The purpose of the meeting was to consider a Mega -Mall Resolution, discuss formation of a proactive coalition, and listen to Bloomington Mayor Lindau on the Mega -Mall 4 In attendance: Margaret: Chuba, Post Publications; Jack Irving and Tom Aaker, Crystal; Bill Barnhart, Minneapolis; Richard Johnson and Fran Fogerty, Blaine; Charles Darth and Jim Krautkremer, Brooklyn Park; Doug Reeder, Maple Grove; Richard Setzler and Gene Hakanson, Osseo; Ray Mattson and Walt Fehst, Robbinsdale; Don Busch, Spring Lake.f Park; Gregg Harcus, New Brighton; Dean Nyquist, Brooklyn Center; Robert Lewis and Bob Thistle, Coon Rapids; Dick Wedell, Shoreview; and Bruce Nawrocki, Columbia Heights. Mayor Lindau provided a brief history of the Metropolitan Sports Stadium Site and the Airport South Development District. Bloomington's financial involvement started in 1984 when the city's Port Authority paid $15,000,000 for the 85 -acre site. Shortly thereafter the city had a generic Environment Impact Study done. On July 2, 1985, the Port Authority awarded development rights to Triple Five Corporation for a facility that included office and shopping PP� g t space, entertainment center, and a convention center. Mr. Lindaw stated Bloomington offered to subsidize the project by contributing 100 of the project's development cost... $140,000,000 in Tax Increment financing is the proposed method of providing the project subsidy. Sufficient Tax Increments cannot be generated, however, unless Bloomington's Airport South Site is exempt from Fiscal Disparities. Also, Bloomington is asking the state to exempt construction materials from sales tax and an increase in the city's hotel /motel tax. A brief (heated) question- and - answer session followed Mayor Lindau's presentation. { At the conclusion of discussion, the Mayors debated and adopted a Mega -Mall Resolution... (See attached). The Mega -Mall Resolution addressed the following issues: f 1. Need for project study by Metro Council because of its metropolitan significance; 2. Concern about granting project exemption from Fiscal Disparities; and R 3. The granting of public subsidies. The final item of business was an organizational discussion. Members I had been supplied with a sample Mission Statement, a joint powers agreement draft, and a legislative program. Participants were r requested to` take -the documents back to their respective Councils for MAYORS' MEETING 9 -5 -85 Page 2 discussion. If their communities support the concept, they are to appoint a person to serve on a task force. Mayor Robert Lewis, City of Coon Rapids, offered to host the next meeting. Meeting was adjourned at 9:10 p.m. r MEMORANDUM T0: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: November 14, 1985 SUBJECT: On -Sale Liquor Licenses for,1986 The State has requested that those licenses that they issue be sent to them by December 1, 1985. This would be the On -Sale Intoxicating Liquor, On -Sale Sunday Liquor, On -Sale Club, and - On- Sale Wine licenses. Those being considered at this time are: Class A (Food 80% or above): General Mills Restaurant Group (Red Lobster) 86.6% Food Yen Ching (figures from accountant still pending but will be available Monday night) Class B (Food 50% to 79%). Midwest Restaurant Associates (T. J. Applebee's) 74.5% Food Earle Brown Bowl 54.5% Food Green Mill 75.3% Food Brock Hotel Corporation (Holiday Inn) 65.6% Food C.A. Muer Corporation (Chuck Muer's) 73.2% Food T. Wrights 67.8% Food Class C (Food 40% to 49 %, only if other is primary business, such as hotels and bowling establishments): Lynbrook Bowl 42.0% Food All of the above establishments also carry the Oh -Sale Sunday Liquor license which allows them to serve liquor on Sundays in connection with the sale of food. Memo to Gerald G. Splinter Page 2 November 14, 1985 On -Sale Club License: Duoos Brothers American Legion 132 members On -Sale Wine License: Denny's Restaurant 98.5% Food As the On -Sale Nonintoxicating Malt Liquor Licenses (3.2 beer) do not have to be certified to the state, they will be placed on the agenda for Council consideration during the month of December. Also, attached is memorandum concerning the yearly report of incidents at liquor establishments. If you have any questions, please contact me. MEMORANDUM TO: Gerald Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: November 14, 1985 SUBJECT: Police Department Liquor License Annual Report This report is a summary of all Police Department actions taken in and around all liquor establishments holding On -Sale liquor lic- enses and On -Sale wine and nonintoxicating liquor licenses within the City of Brooklyn Center. In 1985 we made a departure from past record keeping procedures and we have included for the first time, a full 12 month period from November 1, 1984, through October 31, 1985. This was made possible by the computer system which has been added to the Police Department through which we can gain a complete tabulation all reports and calls, regardless of the calendar year. Included in the report are 20 establishments; two (2) more than last year. For the reporting period, there was a grand total of 684 calls for service to these establishments, which is a decrease from 738 total calls in the reporting period for 1984, which was approximately 10 -1/2 months, as compared to a 12 month reporting period in 1985. There were 164 tags written for various parking violations in the 1985 reporting period as compared with 217 written in 1984 with a net result of approximately the same number of calls - 520 for 1985, 521 for 1984 - for the _reporting periods, although, we have an in- creased length of reporting period in 1985. The Police Department continues to have a_good working rapport with the management of all the liquor establishments and has spent con- siderable-time with the managers relating what we expect from them and coming to an understanding with them. The American Legion Club - 4307 70th Avenue North There were three (3) reported incidents in the reporting year of 1985 with only one (1) of those being an actual incident, the other two (2) being background investigations as they changed the make- up of their governing body at the establishment. The one (1) liquor law violation was thoroughly investigated by the Police Department, in light of the problems with the American Legion Club early in 1984 and it was eventually found to be Unfounded in its entirety. Memorandum Gerald Splinter, City Manager Page 2 1 -,Liquor Law Violation (Unfounded) 2 - Background Investigations T. J. Appleby's - 1347 Brookdale Center There were only two (2) reported incidents that Appleby's during the reporting period since it was just opened in the Fall of 1985, both of which were Miscellaneous Public incidents. 2 - Miscellaneous Public The Beacon Bowl - 6525 Lyndale Avenue North There were four (4) reported incidents at the Beacon Bowl during this reporting period, two (2) of which were Aid and Assist Calls, a Theft and a Miscellaneous Public. 2 Aid & Assist 1 Theft 1 - Miscellaneous Public Chuck Meur's - 2101'Freeway Boulevard There were ten (10) reported incidents at Chuck Meur's, one (1)" of which was a Background Investigation and one (1) was a violation of a sign ordinance, i.e., a banner which was hung on their building without a permit. None of the calls appear to be a problem with the management other than the sign violation. 1 - Auto Theft 1 - Background Investigation 1 - False Alarm 1 - Insecure Area 1 - Warrant Arrest 3 - Aid & Assist 1 - Medical 1 - Rules & Regulations Chuck Wagon Inn 5720 Morgan Avenue North There was only (1) Aid and Assist Call to the Chuck Wagon during the previous 12 months. 1 - Aid & Assist Davanni's - 5937 Summit Drive There were a total of 13 incidents at Davanni's, none of which was of a nature which called for any scrutiny by the Police Department dur- ing this reporting period. Memorandum Gerald Splinter, City Manager Page 3 8 - Aid & Assist 3 Miscellaneous Public 1 - Vandalism 1 - Theft Denny's Restaurant 3901 Lakebreeze Avenue North There were 25 reported incidents during the past year at Denny's. A close scrutiny of the assaults which took place there showed that both of them were "rolling" assaults in which people were in cars and came into their lot and the victim came into the restaurant to report the assault rather than having anything to do with the establishment it- self. The two (2) robberies which took place at Denny's have both been solved by the arrest of a husband and wife team in late 1985. 5 - Aid & Assist 2 - Assault 2 - Theft 3 - Hit & Run Property Damage Accidents 1 - Background Investigation 3 - Medicals 3 Accidental Falls 1 Assist Other Jurisdiction 2"" - Miscellaneous 1 - Warrant Arrest 2 Robberies The Earle Brown Bowl - 6440 James Circle There were a total of 70 incidents at the Earle Brown Bowl, three (3) of which involved assaults, all taking place in the lot (the exterior of the bowling alley itself.) Two (2) of these assaults have resulted in arrests; the other two (2) involved domestic situations, or at least parties who knew each other, and the parties involved did not wish the Police Department to take any action. Also, there was one (1) robbery which was solved successfully by one (1) arrest during the period. 16 Handicap Parking Tags 1 - Background Investigation 4 - Assaults 7 - Thefts 15 - Aid & Assist 9 - Miscellaneous Public 3 Assist Other Jurisdiction 4 - Vandalism 1 Obscenity 1 - Theft Related 1 - Warrant Arrest 1 - Robbery 2 - Disturbing the Peace 2 Vehicle Thefts 3 - Medicals Memorandum Gerald Splinter, City Manager Page 4 50's Grille - 5524 Brooklyn Boulevard This is an establishment which opened up in late Summer of 1985 and, at the present time, we have a total of seven (7) incidents taking place at the 50's Grille; six (6) of which were Aid and Assists to the public. There appears to be no problem at this establishment, at this time. 6 - Aid & Assist 1 - Miscellaneous Public The Good Earth Restaurant - 5717 Xerxes Avenue North There were only eight (8) reported incidents at the Good Earth during the reporting period, none of which were liquor related nor any cause for concern. 1 - Background Investigation 3 Aid & Assist 3 - Theft 1 Miscellaneous Public The Green Mill Restaurant - 5540 Brooklyn Boulevard There were 25 reported incidents at The Green Mill, none of which were liquor related. One (1) was a tag written for failure to properly post handicap parking areas. 1 - Fire (Unfounded) 6 - Miscellaneous Public 4 - Aid & Assist 3 - False Alarm 1 - Medical 1 Theft 2 - Handicap Parking Tags 2 - Insecure Area 1 Theft Related 1 - Lost Person 1 - Vandalism 1 - Rules & Regulations 1 Prohibited Parking The Ground Round - 2545 County Road 10 There were 27 calls for service during the reporting period; ten (10) of which were Aid and Assist calls. Two (2) were for Disturbing the Peace which involved patrons causing problems for other patrons within - the building and the establishment appears to be working hard to co- operate with the Brooklyn Center Police Department. Memorandum Gerald Splinter, City Manager Page 5 10 Aid & Assist 1 - Theft (Unfounded) 2 - Disturbing the Peace 1 Fire Hydrant Violation 5 False Alarms 3 Miscellaneous Public 1 - Theft Related 1 - Fire Lane Violation 1 Medical 1 - Vandalism 1 - Background Investigation The Holiday Inn - 1501 Freeway Boulevard There were a grand total of 159 calls at the Holiday Inn. Of the 159 calls, 70 of the calls were to assist citizens with lock -outs, directions, etc., and eight (8) were handicap parking violations. Of the remainder, there were only two (2) Disturbing the Peace calls to the bar itself. One (1) Disturbing the Peace call was to a room at the other end of the building nd one 1 was fo 9 ( ) r a Detox ick -u P P from a party who had wandered in the front door and passed out in the lobby. At this time, we see no problem with the management of the Holiday Inn or their liquor license. 70 - Aid & Assist 5 - Fires 2 - Stolen Vehicles Recovered 8 - Handicap Parking Tags 2 Fire Lane Violations 2 False Alarms 3 - Loud Party 8 - Vandalism 28 - Thefts 4 --Vehicle Theft 1 To Detox 1 - Abandoned Vehicle 3 - Theft Related 2 Warrant Arrests 2 - Found Property 3 - Property Damage Accidents , 1 Lost Property 3 - Disturbing the Peace 1 - Background Investigation _. 3 - -Burglaries__. _. 1 - Fall (Accident) 4 - Medicals 1 - Hit & Run Accident 1 - Obscenity 1 - Mental Case Memorandum Gerald Splinter, City Manager Page 6 Little Brooklyn -6219 Brooklyn Boulevard There were six (6) calls during the reporting period at Little Brook- lyn, four (4) of which were Aid and Assist calls. One (1) was a theft call which involved an internal theft and an arrest was made. There appears to be no problem with the liquor license at this estab- lishment. 4 - Aid & Assist 1 - Theft 1 - Miscellaneous Public The Lynbrook Bowl 6357 North Lilac Drive There were 213 total calls to this establishment during the reporting period. Again, in 1985 there were several arrests made in the parking lot itself for various violations of Minor in Possession, Curfew Viola- tions, Drug arrests, Vandalism and Disorderly Conduct for patrons who are not in the establishment itself nor are they in the liquor estab lishment, but instead are hanging around outside of the building. Lt appears that with increased enforcement and increased patrol, the problems in the lot have subsided a great deal through this reporting period. The Police Department sees no problem, at this time, with this liquor license. 20 - Aid & Assist 51 - Miscellaneous Public 1 - Medical 58 - Handicap Parking Tags 8 - Assaults 17 - Thefts 4 - Prohibited Parking 9 - Warrant Arrests 2 - Liquor Law Violations 1 - Driving Violation 1 - Fire Lane Violation 7 Vandalism 1 - Forgery 1 - Disorderly Conduct 1 - Drugs 1 - Careless Driving 1 Found Property 1 - Curfew 1 - Minor in Possession 3 - Assist Other Jurisdiction 2 - Vehicle Theft 1 - Property Damage Accident Memorandum Gerald Splinter, City Manager Page 7 2 - Theft Related 2 DWI (arrests) 1 - Burglary 1 Disturbing the Peace 1 - D.L. Restriction 1 - D.L. Violation l Weapons OFfense Pizza Factory 6800 Humboldt Avenue North There were no calls to this liquor establishment during the reporting period. The Red Lobster Restaurant - 7235 Brooklyn Boulevard There were 18 calls to this establishment during the reporting period, only one (1) of which involved liquor and that was a patron who had - come into the establishment intoxicated and who was taken to the Henne- pin County Detox Center in Minneapolis. There does not appear to be any problem with this license, at this time. 7 - Aid & Assist 1 To Detox_ 1 - Miscellaneous Public 1 - Fire 4 - Medical 1 - Hit and Run Accident 1 - Theft 1 - False Alarm 1 - Background Investigation ShowBiz Pizza - 5939 John Martin Drive There were a total of 39 calls to the ShowBiz Pizza establishment dur- ing this reporting period; ten (10) of which were false alarms and 11 of which were Aid and Assist calls to parties locked out of their cars, etc., at the establishment. There was one (1) assault incident involving some juveniles and a patron who came in to pickup a pizza who was eventually arrested and charged in the incident. There were no other liquor related incidents at this establishment during the reporting period. 10 False Alarms 1 Assault 11 Aid & Assist 2 - Larceny 2 - Accidents 3 - Vandalism 3 - Miscellaneous Public 1 - Hit and Run Accident 3 - Thefts 2 - Bikes Found Memorandum Gerald Splinter, City Manager Page 8 l - Vehicle Theft T. Wright's - 5800 Shingle Creek Parkway There were 49 reported incidents.at this establishment during this time period. Of these, two (2) were assaults; one (1) in the Fall of 1984, and one (1) in the Fall of 1985, which were related to patrons getting into arguments. Other than those two (2) calls, none of the incidents were directly liquor related, but they did have a considerable problem with thefts and vandalisms taking place out in the parking lot. There does not appear to be a problem with this establishment, at this time. 2 - Assaults 5 - Miscellaneous Public 16 Aid & Assist 1 - Vandalism 1 - Handicap Parking 2 - Vehicle Thefts 7 Thefts 8 - False Alarms 1 - Accidental Fall 2 - Hit and Run Accidents 1 - Insecure Area 1 - Impounded Vehicle 1 - Theft Related 1 - Criminal Damage to Property The Yen Ching Restaurant - 5900 Shingle Creek Parkway There were five (5) reported incidents to this liquor establishment during the reporting period, none of which was related to their liq- uor license. There appears to be no problem with this license. 2 - Aid & Assist 2 - Vandalism 1 - Miscellaneous Public �l MEMORANDUM T0: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: November 18, 1985 SUBJECT: Yen Ching Food /Liquor Split Figures Ralph'Kuo, owner of Yen Ching Restaurant has changed accountants. Because of this, they are unable to supply the liquor /food ratio at this time as required under the ordinance. It is believed that the ratio of food to liquor will exceed the 80% mark as it has in the past, qualifying them for a Class A license. I recommend the license be granted conditionally at this time so that the Police Department can verify the actual ratio upon receipt of the certified figures from his new accountant. The State requires the license certification from the City by December 1st this year. Because this is the last Council meeting before that date we have made the above recommendation: - Licenses to be approved by the City Council on November 18, 1985 CHRISTMAS TREE SALES LOT Twin Cities Youth for Christ Dayton's Home Store 0 City Cler FOOD ESTABLISHMENT LICENSE Beacon Bowl 6525 Lyndale Ave. N. J.C. Penney Brookdale Center Plitt Brookdale Theater 2501 Cty. Rd. 10 1t1 Sanitarian � GASOLINE SERVICE STATION LICENSE Brooklyn Center City Garage 6844 Shingle Cr. Pkwy. Brooklyn Center Post Office 6848 Lee Ave. N. Brooklyn Service Center 6901 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. Howe, Inc. 4821 Xerxes Ave. N. M.T.C. 6845 Shingle Cr. Pkwy. Northern States Power 4501 68th Ave. N. Wes' Standard Service 6044 Brooklyn Blvd. City Clerk MECHANICAL SYSTEMS LICENSE Palen- Kimball Company 5500 Vandalia St. 0 ui i g i W NTAL DWELLING LICENSE Initial: Chippewa Park Investment Group Chippewa Park Apts. Douglas & Kathleen Williams 5107 Drew Ave. N. Carlin Shefveland 5308 Emerson Ave. N. Thomas K. Williams 5200 France Ave. N. Steven D. Zanier 5256 E. Twin Lake Blvd. S. Janson & S. Gutmann 5353 72nd Circle N. Renewal: Patrick Breitkreutz 6301 Brooklyn Dr. Elaine V. Nelson 7213 Bryant Ave. N. Gerald D. Abraham 5125 Ewing Ave. N. Rafael Rocha 5324, 26 James Ave. N. Clifford Lane & Doroty Ernst 6927 June Ave. N. Dale & Rose Ketelboeter 4201 Lakeside Ave. #217 Michael E. Schultz 4207 Lakeside Ave. #127 Jonathan Cain 4207 Lakeside Ave. #135 J.G. Strand 5329 Penn Ave. N. Ernest W. Gertzen 5347, 49 Penn Ave. N. Dennis Tollefson 5328, 30 Queen Ave. N. Gene & Anna Gullord 5337, 39 Queen Ave. N. H. Swanson & H. Swanson 7240 W. River Rd. J.J. Barnett 2922 68th Ln. Janice L. Van Denberg 4406 71st Ave. N. V Director of Planning and Inspection GENERAL APPROVAL: Gerald G. Splinte City Clerk L Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROBERT ZIMBRICK WHEREAS, Robert Zimbrick has served the City of Brooklyn Center as an employee since March 15, 1959; and WHEREAS, he is retiring from public service on December 6, 1985; and WHEREAS, as Supervisor of Public Utilities, he was responsible for the operation and maintenance of the City's excellent Public Utilities systems; and WHEREAS, his devotion to the tasks and responsibilities as Supervisor of Public Utilities contributed substantially to the efficiency and level -of- service of the City's public utilities; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that the dedicated public service of Robert Zimbrick is recognized and appreciated by the City of Brooklyn Center and that the City wishes him a lon g and happy retirement. Date Mayor ATTEST: Clerk b The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being g taken thereon, the following voted in favor thereof; and the following voted against the same: whereupon said resolution was declared duly passed and adopted. J Member introduced the following resolution and moved its adoption:, RESOLUTION N0. RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSED HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AND AUTHORIZING PUBLICATION OF NOTICE THEREFOR WHEREAS, Minnesota Statutes Chapter 462C, authorizes a City to plan, administer and make or purchase a loan or loans to finance one or more multifamily housing developments or the rehabilitation of multifamily housing developments after adoption of a housing plan; and WHEREAS, the housing plan must be considered at a public hearing held after notice published not more than thirty (30) days prior to the date of said hearing after which the housing plan may be adopted by resolution of the governing body of the City with or without amendment; and WHEREAS, the program for the issuance of bonds to finance a multifamily housing development must be considered at a public hearing after notice published at least fifteen (15) days prior to the date of said hearing after which the program may be adopted by resolution of the governing body of the City with or without amendment; and WHEREAS, there has been presented to this City Council (the "City Council ") a proposal for the acquisition of land and construction of a 2.69 -unit Earle Brown Commons multifamily housing project (the "Project "). NOW, T "HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, THAT: 1. The City Council of the City of Brooklyn Center (the "City ") will conduct a public hearing on the proposed housing program on December 2, 1985 at 7:30 p.m. 2. The City Manager of the City is hereby authorized to cause a public notice, substantially in the form of the notice attached hereto as Exhibit A, to be published once in a newspaper of general circulation in the City at least fifteen days prior to the date established for the public hearing by the preceding paragraph of this resolution. 3. The City Manager of the City is hereby authorized to proceed, in cooperation with the law firm of Estes Parsinen & Levy, Chartered, with the preparation of the housing program relating to the Project, for presentation to this City Council at the public hearing herein authorized. Je Date Mayor .ATTEST: Clerk �f RESOLUTION NO. 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 APPROVING AGREEMENT WITH C.S. MCCROSSAN FOR PROVIDING FILL MATERIALS FOR CENTERBROOK GOLF COURSE PROJECT NO. 1985 -23 WHEREAS, the City Manager has advised the City Council that approximately 20,000 cubic yards of fill materials need to be imported to the site of the proposed Centerbrook Golf Course for the purpose of establishing design grades; and WHEREAS, the City Manager has negotiated a proposed agreement with C.S. McCrossan, Inc. to furnish and deliver approximately 20,000 cubic yards of fill materials to the site at no cost to the City provided the City reimburses said company for the rental costs of equipment needed at the golf course site for the purpose of stockpiling and /or spreading the fill materials: NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: a: 1. that the Mayor and City Manager are hereby authorized and directed to execute an agreement with C.S. McCrossan providing for rental of the required equipment at prescribed hourly rental rates, at an estimated cost of $8,000 to $10,000, provided C.S. McCrossan furnishes and delivers the required fill materials to the site at no cost to the City. 2 that the charges for equipment rental shall be charged to Division 48 of the Capital Projects Fund. 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.