Loading...
HomeMy WebLinkAbout1984 09-10 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER is SEPTEMBER 10, 1984 7:00 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 requests, se P crate discussion of these items unless a Council members o 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 - August 20, 1984 * 7., Proclamation Declaring September 17 through September 23 as Constitution Week in Brooklyn Center 8. Review of City's :Policy on Removal of Diseased Shade Trees on Boulevards 9. Resolutions: * a. Calling for a Public Hearing on a Multifamily Housing Revenue Bond for the Earle Brown Farm Apartments Property P P Y * b. Accepting Work under Sidewalk Improvement Project No. 1984 -14 This project provided for construction of sidewalk along the west side of Humboldt Avenue from Amy Lane northerly to 72nd Avenue. c. Approving Plans and Specifications and Ordering Advertisement for Bids PP g P g for Central Park Plaza Improvement Project No. 1984. -10 (Contract 1984 J) * d. Expressing Recognition of and Appreciation for the Dedicated Public Service of Glen Brueninger e. Authorizing the Mayor and City Manager to Execute an Agreement with the City of Robbinsdale Relative to Providing Utility Service to Property at 4650 Indiana Avenue North 10. Planning Commission Items (7:30 p.m.): a. Planning Commission Application No. 84031 submitted by Rod Bernu for site and building plan approval to construct 12 townhouses on existing lots within the Earle Brown Farm Townhouses Development at 69th Avenue North and York Place. The Planning Commission recommended approval of Application No. 84031 at its August 23, 1984 meeting. CITY COUNCIL AGENDA - September 10 1984 4 2 P � 9 11. Public Hearings (8:00 p.m.) a. Public Hearing on Annual City Budget and Use of Federal Revenue Sharing Funds b. Public Hearing on An Ordinance Amending Chapter 35 of the City Ordinances Changing the Zoning Classification of Certain Land This ordinance at the t i ance was a roved for first reading a Au us 6 19$ 4 PP g- g � City Council meeting, published on August 16, 1984, and is scheduled for a public hearing this evening. Approval of the second reading of the ordinance is contingent upon submission of a final plat by H.E. Homes, Inc. The ordinance comprehends the proposed office condominium project by H.E. Homes, Inc. on Brooklyn Boulevard. 12. Discussion Items: a. Request by Showbiz Pizza for Amendment to the City's Amusement Device Ordinance which Would Allow Prizes to Be Given for Skeeball. b. Report on Water Quality Problems in West Central Neighborhood c. Earle Brown Farm Development Advisory Committee Appointments 1 Consideration of Renewal of Chippewa Park Apartments Rental License 3 PP P * 14. Licenses 15. Adjournment ICI t;I'��t` OF THE CITY Of- Lf(OO'KLY(N CENTER IN THE COI:l.TY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 20, 1984 CITY HALL CALL TO ORDER iTie E;r ooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Police Chief James Lindsay, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Rich Theis. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Forum session this evening from Mr. Ron Blake, 3812 Janet Lane in Brooklyn Center. Mayor Nyquist recognized Mr. Blake who stated that he was here this evening•to address the garage sale sign ordinance which prohibits placing signs on boulevards. He explained the City's code enforcement officers return any such signs to the homeowner. Mr. Blake stated his question was regarding real estate signs on boulevards and why the City's ordinance does not pertain to real estate signs the f same way it does to garage sale signs. The City Manager stated he recollected that the City changed this portion of the sign ordinance some years ago. The Director of Planning & Inspection stated the ordinance stipulates that real e n permitted on boulevards but estate sig are also of erm u p g A only on private property with the permission of property owners. Mr. Blake then inquired why the sign ordinance is not being enforced against real estate signs. The City Manager stated that he would check on the enforcement but that he believed real estate signs have also been picked up by the City's code enforcement officer. Councilmember Hawes commented he believes the requirement that garage sale signs be placed on private property only, stems back to the problem that often garage sale signs are not taken down after the sale. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested items 10e and 10h removed from the Consent Agenda, and Councilmember Lhotka requested item 10a removed from the Consent Agenda. APPROVAL OF MINUTES - AUGUST 6, 1984 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of August 6, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 8 -20 -84 -1- PERFORM BOND RELEASE - SHOWBIZ PIZZA PLACE, 5939 JOHN MARTIN DRIVE There was a motion by Co ^ unci m�embe Scott an3 seconded by Councilmember Hawes to approve the release of the performance guarantee for Showbiz Pizza Place, 5939 John Martin Drive (Planning Commission Application No. 81053) in the amount of ,$5,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -119 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DELIVERY UNDER CONTRACT 1984 -D (LIFT STATION IMPROVEMENT PROJECT NO 1983 -09, PHASE II) 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: Dean Nyquist, Gene Lhotka, I 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. 84 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CANCELLING SPECIAL ASSESSMENT ON HIGHWAY RIGHT OF WAY 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: 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. RESOLUTION NO. 84 -121 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 - 04 (SHINGLE CREEK PARKWAY TURN LANE CONSTRUCTION) 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: 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. RESOLUTION NO. 84 -122 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS; FOR PUBLIC UTILITY HOOKUP CHARGES; FOR DELINQUENT PUBLIC UTILITY ACCOUNTS; DELINQUENT WEED REMOVAL ACCOUNTS; AND NUISANCE ABATEMENT COSTS The motion for the adoption of the foregoing resolution was duly seconded by member Eill Hawes, and upon vu'Le bc- ng taken th €.yreon, the following voted in f :vor 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. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brookdale East Cinema 5801 John Martin Drive Earle Brown Bowl /JEM Amusements 6440 James Circle Pizza Palace 5001 Drew Avenue North AMUSEMENT DEVICE - VENDOR Carousel International Corp. P.O. Box 307 RENTAL DWELLING LICENSE Initial: D. Gee & P. Jacobson 1537 Humboldt Place D. Gee & P. Jacobson 1543 Humboldt Place Bart Greenwood 4201 Lakeside Ave. #218 Wayne K. Pearson 6900 Toledo Ave. N. John DeVries 2931 67th Lane John DeVries 2911 68th Lane Duluth Redevelopment 401 69th Ave. N. Gene Bevers 419 69th Ave. N. Renewal: Lyn River Corp. Lyn River Apartments Gale W. Pierce 5960 Brooklyn Blvd. Keith L. Nordby 5964 Brooklyn Blvd. Bertil G. Johnson 6107 Brooklyn Blvd Welcome Home, Inc. 6451 Brooklyn Blvd. Norman D. Sorensen 5432 Dupont Ave. N. Roland Scherber 5243 Ewing Ave. N. Howard Breuninger 5401 Fremont Ave. N. Roland Scherber 7212 Newton Ave. N. Dave Bradley 6725 W. River Road Harshad Bhatt 7206 -7212 W. River Road Irwin Ketroser 6525, 27, 29 Willow Ln. Roger & Marie Krawiecki 5209 Xerxes Ave. N. Bernard & Margaret Gilvin 2901 61st Ave. N. John DeVries 2936 69th Lane John DeVries 2937 69th Lane TAXICAB LICENSE Yellow Taxi Service 127 1st Ave. NE Voting in favor: -Mayor Nyquist Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 8 -20 -84 -3- CRIME PREVENTION WEEK Mayor Nyquist recognized Mr. Phil Cohen who presented a request to the City Council to declare September 16 to September 22, 1984 as Crime Prevention Week in Brooklyn Center. He reviewed for Council members the various activities planned for Crime Prevention Week in the City. He then explained that since the program was organized in 1981 the Crime Prevention Program has grown and is an excellent example of a public private partnership. He then called the Council's attention to the contest held to create a crime watch sign, and noted that the winner of the contest was Mr. Gre g pp Tomatz. He added that he would appreciate it very much if the Council would" pass the resolution regarding Crime Prevention Week. RESOLUTION NO. 84 -123 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING SEPTEMBER 16 TO SEPTEMBER 22, 1984 AS CRIME PREVENTION WEEK IN BROOKLYN CENTER 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. REVIEW OF CITY POLICY ON REMOVAL OF DISEASED SHADE TREES ON BOULEVARDS The City Manager reviewed the request made at the July 23, 1984 Open Forum session regarding the cost of removal of diseased shade trees along boulevards, and then proceeded to review M &C No. 84 -09, and pointed out that if the Council wishes to remain historically consistent with past City policy the policy should remain as is. 1 Councilmember Theis inquired as to the reason for the $15 administrative fee charged for the removal of diseased elm trees along boulevards. The City Manager' explained the $15 charge is for handling and processing the agreement between, the City and the property owner and with the $15 fee the City does not recover all costs related to the processing and handling of the agreement. that she had an commented t e experience-with one tree which was Councilmember Scott p removed on the City program and cost $50 to remove, and one tree removed without the City program which cost $275 to remove. She pointed out that the trees were both similar size and in similar locations. Councilmember Hawes inquired whether the $65 removal cost was an average cost for City trees or was it the cost charged for all boulevard trees. The p Ci Manager re Y g lied that the $65 amount was an average and that the actual cost of removal of boulevard trees varied. Councilmember Theis commented that if the average cost of removal of trees is $50, then the $15 administrative fee appears somewhat high. Councilmember Theis then introduced a motion to take separate action on the $15 administrative fee and the policy of charging 50% of the removal of boulevard trees to homeowners. Mayor Nyquist commented that he could find little justification for changing a policy that has served well for 12 years. Councilmember Lhotka stated that he believes the policy has served the City well and that he would not be in favor of ,changing it. 8 -20 -84 -4- Councilmember Scott seconded the motion made by Councilmember Theis. The following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Theis made a motion to waive the $15 administrative fee for the removal of boulevard trees. The motion failed for lack of a second. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reconfirm the City's existing policy with regard to the removal of diseased shade trees on City boulevards. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: Councilmember Theis. Councilmember Hawes commented that he believes the Council would be doing a disservice to persons who have had trees removed previously under the City's existing policy. RESOLUTIONS (CONTINUED) RESOLUTION NO. 84 -124 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A JOINT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member " Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: 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. The City Manager introduced a Resolution Approving Specifications for Furnishing and Delivery of Bleachers and Press Box and Directing Advertisement for Bids. He explained the bleachers and press box will be installed in Evergreen Park and that funding for the items will be from the capital projects fund. The Director of Public Works reviewed the site plan for the Evergreen Park soccer field area, including the proposed irrigation system, lighting system, and landscaping. Councilmember Lhotka inquired whether the fields would be used for both football and soccer. The City Manager explained the fields would be used for organized games for both soccer and football The Council continued to review and discuss the site plan and the proposed Evergreen Park improvements. Councilmember Hawes suggested referring the site plan to the Park and Recreation Commission. The Director of Public Works recommended referring the plans to the Park & Recreation Commission prior to letting the contract for the project. Councilmember Lhotka inquired whether any estimates had been prepared for the project. The Director of Public Works explained the preliminary estimates had been made but a more in depth estimate will be presented before the final contract is let. RESOLUTION NO. 84 -125 Member Bill Hawes introduced the following resolution and moved its adoption: 8 -20 -84 -5- RESOLUTION APPROVING SPECIFICATIONS FOR FURNISHING AND DELIVERY OF BLEACHERS AND PRESS BOX AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: 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. RESOLUTION NO. 84 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR EVERGREEN PARK /AREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE II (CONTRACT 1984 -I) 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. The City Manager introduced a Resolution Accepting Work under Contract 1984 -E (Water Main Improvement Project No. 1984 -02 and Water Service REpair Project No. 1984 -06). Councilmember Hawes noted a correction in the resolution and explained that the project No. 1982 -06 should be changed to No. 1984 -06 in the second to the bottom line in the resolution. RESOLUTION NO. 84 -127 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -E (WATER MAIN IMPROVEMENT PROJECT NO. 1984 -02 AND WATER SERVICE REPAIR PROJECT NO. 1984 -06) 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. RESOLUTION NO. 84 -128 Member Celia Scott introduced the following resolution and moved its adoptions RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -02 (WATER MAIN INSTALLATION ON LEE, MAJOR, AND 70TH AVENUES) 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: 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. - The City Manager introduced a Resolution Declaring Cost to be Assessed and providing 8 -20 -84 -6- f AV , ,41d 0u Avenue trcot 1:`n,;r )v (.r.t) . In )nse to a question from Councilmember Hawes, the Director of Public Works nc ,,; : :,hat the landscaping cost for the project was set up to be paid by the City. C( ,!member Theis requested the staff to prepare a- report on how the traffic c is operating. The City Manager replied that there is substantial c(,1- , rance with the traffic circle but some vehicles are short cutting the circle. Th -ector of Public Works stated that he spoke with two neighbors who were pleased with the operation of the traffic circle. Councilmember Theis commented that he believes the configuration has created more opportunities to break the traffic laws. RESOLUTION NO. 84 -129 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -03 (HALIFAX AVENUE AND 70TH AVENUE STREET IMPROVEMENT) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: 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. Councilmember Scott left the Council table at 8:09 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION ITEM APPLICATIONv` NO. 84027 SUBMITTED BY H.E. HOMES, INC. FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL FOR Aid OFFICE CONDOMI DEVELOPMENT ON THE LAND PRESENTLY OCCUPIED BY RESIDENCES ADDRESSED 7020 AND 7040 BROOKLYN BOULEVARD PLANNING COMMISSION APPLICATION NO. 84028 SUBMITTED BY H.E. HOMES, INC. FOR PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE INTO TWO PARCELS THE LAND CONTAINED IN THE LOTS ADDRESSED 7020 AND 7010 BROOKLYN BOULEVARD AND 7025 HALIFAX AVENUE NORTH (ST. ALPHONSUS CHURCH) The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 4 of the August 9, 1984 Planning Commission meeting minutes and also the Planning Commission information sheets prepared for Application Nos. 84027 and $4028. He then reviewed the location of the subject parcel and explained the zoning , was R3 and that office uses are special uses in an R3 zone. He next reviewed a transparency of the site and building plan, parking plan, and landscaping plan, included with the application. He then reviewed the building plans submitted for the office condominium project. The Director of Planning & Inspection reviewed a transparency of the preliminary plat submitted with Application No. 84028. He noted the Planning Commission held a combined public hearing on the applications and recommended approval of Application No. 84027, subject to 13 conditions, which he reviewed for Council members.: He noted that condition No. 9 of the Planning Commission's recommended conditions has been met and can be disregarded by the Council. He also noted the Planning Commission recommended approval of Application No. 84028, subject to 5 conditions which he reviewed for Council members. 8 -20 -84 -7 -, The Director of Planning & Inspection stated a public hearing is required on the application for special use permit and the preliminary plat, and that the required notices had been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application Nos. 84027 and 84028. 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 Hawes and seconded by Councilmember Theis to close the public hearing on Application Nos. 84027 and 84028. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Application No.. 84027, 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. 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 i Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. q. Plan approval acknowledges the retention of 21 existing trees as part of the proposed landscape plan. Should any of these existing trees be removed or die prior to release of the performance guarantee, they shall be replaced with an equal number of shade trees, a minimum of 2 112 inches in diameter at appropriate locations on the site, i 8 -20 -84 -8- 1O. As -built utility drawings will be provided to the City Engineer prior to the release of the performance guarantee. 11. The special use permit acknowledges an office condominium use in the R3 zoning district and is subject to all applicable codes., ordinances and regulations and violations thereof shall be grounds for revocation. 12. Plan approval acknowledges the proposed landscape treatment along the east side of the property as acceptable opaque screening required between the office condominium use and the St. Alphonsus Church property. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Application No. 84028, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3 • The preliminary plat shall be modified prior to consideration by the City Council to provide the following: a. underlying and adjacent property lines b. an access easement to 7015 Kyle Avenue North c. expanded utility easement area adjacent to Lot 1 4. The two existing residences and accessory structures shall be removed from Lot 1 prior to final plat approval. 5. The applicant shall enter into an agreement for the payment of hookup charges for Lot 1 of the plat. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 84029 SUBMITTED BY GROUP HEALTH, INC. FOR - SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 20' X 20' STORAGE GARAGE IN THE NORTHEAST PRRTION OF THE CLINIC SITE AT 6845 LEE U — NOUE NORTH The Director of Planning& Inspection presented and reviewed for Council members page 4 of the August 9, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84029• He explained the land is zoned C1 and that the clinic is a permitted use in that zone but the City ordinance stipulates that storage areas must be within an enclosed space. He noted the location of the storage garage would be on the northwest portion of the existing site. He explained the Planning Commission recommended approval of the 8 -20 -84 -9- application, subject to one condition which he reviewed for Council members. He added that no public hearing is required on the application but that a representative of the applicant is present this evening. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Application No. 84029, 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. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 84030 SUBMITTED BY SHARON MCNAMARA FOR SPECIAL USE PERMIT APP ROVAL TO CONDUCT A HOME BEAUTY SHOP IN THE BASEMENT OF THE RESIDENCE AT 25 QUAIL AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages 4 through 6 of the August 9, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84030. He explained the applicant is requesting a special use permit for a home beauty shop. He reviewed the location of the subject parcel and noted the zoning was R1. He then reviewed the applicant's letter requesting the special use permit. He explained that after holding a public hearing, the Planning Commission recommended approval of the application, subject to eight conditions, which he reviewed for Council members. He noted the applicant was present this evening and that the required notices had been sent regarding this evening's public hearing. Councilmember Lhotka expressed a concern over the parking required for the home occupation and suggested that the customer's car be parked as close as possible to the garage. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No, 84030. 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 Lhotka and seconded by Councilmember Hawes to close the public hearing on Application No. 84030. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 84030, subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 3. All parking associated with the home beauty shop shall be off— street on improved space provided b the applicant. t p P P Y PP -20-84 -10 4. All building modifications associated with the home occupation shall be completed pursuant to properly obtained permits and be inspected by City inspectors prior to the issuance of the special use permit. 5. The home occupation shall be conducted on an appointment only basis with all work completed not later than 10 :00 p.m. in the evening. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Permit approval acknowledges a single- operator home beauty shop. 8. The applicant shall provide a current copy of her State operator's license which shall be kept on file with the City. Voting in favor: Mayor Nyquist, Councilmembers Lhotka; Hawes, and Theis. Voting against: none. The motion passed RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 9 :00 p.m. RECOMMENDATION FOR SUSPENSION OF ON -SALE CLUB LICENSE FOR BROOKLYN CENTER AMERICAN LEGION POST NO. 630 TFe_CTt_Ymanager reviewed M &C No. 84 -10 which introduced a memorandum from the City's Police Department' indicating violations of the City's liquor license laws and gambling statutes by the American Legion Club No. 630. He explained the City's Police Chief is recommending a 20 day suspension. The City Manager then reviewed the requirements for holding a hearing with regard to the proposed suspension. The City Attorney recommended that the City Council decide first which way to investigate the incident, then if the Council chooses to do so, the City Manager could arrange for a hearing examiner. He explained the City Council has the authority to make the final decision after reviewing the examiner's report and recommend atrion. He explained that a written record of the testimony would be produced. He added that, the Council as an alternative could act in its own behalf at the hearing, however, because of the length of such a hearing he recommended the use of a hearing examiner. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to proceed with holding the required hearing with regard to the proposed suspension for the American Legion Post No. 630, and to direct the City Manager to arrange for scheduling the date of the hearing and arranging for the hiring of a hearing examiner. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS ('CONTINUED) The City Manager introduced a Resolution Approving Purchase of Microprocessor for Use by the Vehicle Maintenance Division, and pointed out the item was considered at the August 6 Council meeting and was tabled with a request for additional information. 8 -20 -84 -11- ' a Councilmember Theis inquired whether the staff had any idea of the time estimates and savings, if the microprocessor were put in place. The Director of Public Works replied that it would take between four to six months to load the system and another four to six months to receive any benefit from the program. , He explained the savings aspect of the program would come from having the correct equipment for the job, good records of equipment cost, and also information to make decisions as to whether or not to buy or lease equipment. Councilmember Lhotka questioned whether it was correct that 5% to 10% more is now spent on maintenance than what should be. The Director of Public Works explained that this estimate was correct. Councilmember Lhotka then requested an example. The Director of Public Works explained that the history of repair on a given piece of equipment would be programmed and would provide information on whether equipment should be repaired or a new one bought. Currently, no life to date information is available on equipment owned by the City. Councilmember Lhotka inquired whether there are any examples of another program showing a decreasing cost. The City Manager explained that LOGIS charges are based on CPU time and storage. He added that the staff believes the computer is the only way to develop the management information needed to do a better job with the City's equipment. Councilmember Lhotka then inquired whether the City could purchase a personal computer to accomplish the same task. The City Manager explained that the staff had investigated the use of a personal computer, but this would mean that the City would be locked into a single vendor and estimates show that it would be more expensive than going with LOGIS. The Director of Public Works commented that the advantage in going with LOGIS is the technical support and comparison to other cities on the LOGIS system. RESOLUTION NO. 84-130 3 Member Gene Lhotka introduced the following resolution and moved its adoption with the condition that once the system is on line the Council be given a report on what information the City is receiving and what the benefits are from the use of the system RESOLUTION APPROVING PURCHASE OF A MICROPROCESSOR FOR USE BY THE VEHICLE MAINTENANCE DIVISION -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: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS AD HOC CITIZENS ADVISORY COMMITTEE FOR EARLE BROWN FARM DEVELOPMENT The City Manager explained that development proposals are now being received for the Earle Brown Farm area. He stated he believes it would be useful in the next few months of planning to advise the Council and staff with regard to development of this area similar to the structure of the Brookwood project. He added that he would recommend more groups be involved than were involved in the Brookwood project. He pointed out that the groups could include the historical society, citizens at large, senior citizens, and representatives from the business community. He recommended the group be from between five to seven members. 1 Y After Council discussion of the Ad Hoc Citizens Advisory Committee, there was a motion by Councilmember Lhotka and seconded by Councilmember Theis to establish the Earle Brown Farm Development Ad Hoc Committee and to solicit members for the committee from 'appropriate groups. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. EARLE BROWN DAYS FIREWORKS DISPLAY Mayor Nyquist stated that the Earle Brown Days Committee which organized the Earle Brown Days festivities in June of this year have an outstanding bill for the fireworks display. lie pointed out that the rainy weather interfered with the revenue from the various events, including the soft ball tournament. Councilmember Theis commented that he would have no problem with authorizing a reduced contribution from what was contributed for the first year of the fireworks display. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to authorize the Mayor and City Manager to investigate the option of contributing funds for the fireworks display at the 1984 Earle Brown Days and to report to the Council on this matter. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. BYERLY'S STORE Mayor Nyquist noted that Byerly's is no longer planning to locate in Brooklyn Center as was originally planned. He noted he had spoken with Don Byerly and Mr. Byerly assured him City that Brooklyn Center had been very cooperative with the venture but it was a financial decision on the part of the corporation. CABLE TELEVISION Councilmember Lhotka inquired as to the status of cable televson in Brooklyn Center. The City Manager explained there is a tentative agreement to sell the system to Hauser Cable Casting Inc., contingent upon approval of the Cable Communications Commission. CONSIDERATION OF TAXICAB LICENSE FOR YELLOW CAB COMPANY There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the taxicab license for 10 cabs from Yellow Taxi. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. CLASS B GAMBLING LICENSE FOR EARLE BROWN PARENT /TEACHERS ASSOCIATION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the Class B gambling license for the Earle Brown Parent /Teachers Association. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and .Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the waiver of the $10,000 fidelity bond for the Earle Brown Parent /Teachers Association. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 84 -131 Member Rich Theis introduced the following resolution and moved its adoption: 8 -20 -84 -13- i Y R C EN T E R r {C. r 10 s S.' Y' ,i'a ifs �� Led i$7 .S6, O ne 1 � :J �. [ri ��� i.. ,,r he f 3 � . '+fie, _ Suncilramter Lonc PPOCI ,AMAT I UN DECLARING SEPTEMBER 17 THROUGH 23 AS CONSTITU'IION WEEK WHEREAS, September 17, 1984 marks the one hundred ninety - seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional convention; and WHEREAS, To accord official recognition to this memorable anniversary, and to the patriotic exercise that will form a noteworthy feature of the occasion, seems "fitting and proper; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17, through September 23 as Constitution Week. NOW, THEREFORE, I, Dean Nyquist by virtue of the authority vested in me as Mayor of the City of Brooklyn Center in the State of Minnesota do hereby proclaim the week of September 17 through 23 as Constitution Week, in the City of Brooklyn Center, and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantages of American Citizenship. In Witness Whereof, I have hereunto set my hand and caused the Seal of the City to be affixed at September this 10th day in the year of our Lord one thousand nine hundred and eighty -four and the Independence of the United States of America, the two hundred and eighth. Date Mayor Seal Attest Clerk - sf '✓4t gel" '? ?�CPr✓l ,I 2 . Aa a0 � 3 I f ! ! E l j f , 40,Z�.A00 1 .4 , 1 r } I I -- -- t } 0A 71,1: 1 i t i - i f I /0a,6. lc 17 _ 1� 3 yak oo 09 2 0 i , 23 1 . — 241` _ 25! i I r I 27t 28' ! "�. A _l., t - 5 e S`SM1 4 1 - 9" u PA" 29 .:_ : Pit : h ai % e.. , ; Vt) � a vaL, hi /` _ rl L - -- - -- I , ' 32 31 ! III ! I t , I n •_ I !1(e � �- �y+f�7� �c� T�zf c0u �� �� Re •�c�., � �r. .�o� !!�Ll1t �n } acYrr, 34 iIn�SG9 1n1��.�Cit'. �usfn.,,t RQ r - tA,o 4 5� .%Yli�7r1 35 r ji I � 1 37, 1 38 , //7 f °"ember introduced the following resolution and moved its adoption RESOLUTION NO. RESOLUTION RELATING TO THE PROPOSED ADOPTION OF A PROGRAM AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES; ORDERING A PUBLIC HEARING AND THE PUBLICATION OF A NOTICE OF THE PUBLIC HEARING BE IT RESOLVED by the City Council (this Council) of the City of Brooklyn Center, Minnesota (the City), as follows: Section 1. Recitals. 1.01 Under Minnesota Statutes, Chapter 462C, as amended (the Act), the City is authorized to issue and sell revenue bonds or obligations to make or purchase loans to finance the construction of multifamily housing developments and the acquisition and rehabilitation of multifamily housing developments within its boundaries. The Act requires that the City adopt a program in connection with a proposal to finance the construction of a multifamily housing development or the acquisition and rehabilitation of a multifamily housing development within its boundaries meeting the requirements of Section 462C.05 of the Act, after conducting a public hearing on the proposal to adopt the program, and that notice of the public hearing be published at least 15 days before the public hearing with respect to the proposed adoption of the program. 1.02. Representatives of Gary S. Holmes and C. E. Sheehy and a partnership in which they are the general partners (the Developer) have advised this Council that the Developer proposes to acquire an apartment complex located at 1701 - 1707 69th Avenue North in the City, composed of 120 apartment units and other functionally related and subordinate facilities, to rehabilitate the facilities, to construct up to 36 additional apartments and to operate the facilities as a multifamily housing development under the Act (the Project). The Developer has requested that the City issue its revenue bonds or obligations (the Bonds) under the Act and make a loan of the proceeds of the sale of the Bonds in order to finance the purchase, rehabilitation and construction of the described facilities. Under the Developer's proposal, the maximum aggregate face amount of the Bonds proposed to be issued and sold is Four Million Six Hundred Thousand Dollars ($4,600,000). 1.03. It is further proposed that the City adopt a program under the Act with respect to the financing of the Project (the Program). 1.04. The Act provides that a public hearing regarding the proposed adoption of the Program is to be held prior to its adoption, after notice of the public hearing is published at least 15 days prior to the date set for the public hearing. 1.05. The Bonds of the City would be "industrial development bonds" within the meaning of Section 103 of the Internal Revenue Code of 1954, as amended (the Code). Section 103(k) of the Code, and the regulations promulgated and proposed thereunder, require that the City hold a public hearing relating to the proposed issuance of the Bonds prior to approving their issuance, which hearing is to be held after notice of the hearing is published at least 15 days prior to the date for the hearing. Section 2. Public Hc. ► irk;. O 2.01. A public hearing regarding the proposed adoption of the Program un ier the Act, including the proposed issuance of the Bonds, shall be held on October 1, 1384 at o'clock p.m. at the City Hall. 2.02. The City Clerk is hereby directed to cause notice of such public hearing to be published in a newspaper of general circulation in the City at least once not less than 15 days prior to the date fixed for the public hearing, in substantially the form of the notice attached hereto. 2.03. A copy of the proposed Program shall be placed on file with the City Clerk and be available for public inspection following publication of the notice of public heaing, between the hours of 8:00 a.m. and 4:30 p.m. on Monday through Friday. 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: 'L and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF B " R %0 L Y N BROOKLYN CENTER MINNESOTA 55430 TELEPHONE 561-5440 ENTER EMERGENCY- POLICE -FIRE 1 911 TO: Gerald G. Splinter, City Manager I FROM: Sy Knapp, Director of Public Works DATE: August 17, 1984 RE: Earle Brown Farm Apartment Development It is my understanding that you are conducting negotiations with the developers of the Earle Brown Farm Apartments relating to the use of Industrial Revenue bonds for financing the construction of additional development. Following are some of the items which should be resolved prior to completion of plans and granting City approval for the sale of these bonds. I . 1. Special Assessments - Jim Grube tells me we have potential water main hookup fees totaling approximately $10,800, depending on how the site is developed. Please check out details regarding these assessments with Jim. 2. Street Right -Of -lay The basic 1/2 street right -of -way width for 69th Avenue is 33 feet (from centerline to South property line). In addition, we have a 10 ' foot wide easement for street purposes. I recommend that we ask for an additional 7 foot wide easement (or right-of-way dedication) to give us a total half- street width of 1 sidewalk from 50 feet.- to allow us to widen the street and install s Humboldt Avenue to the North -South sidewalk which we now have along the West side of this property. 3. I recommend that we require that driveway access to 69th Avenue be located as far West as possible - so as to minimize interference with the 69th Avenue /Humboldt Avenue intersection traffic flow. The best solution would be to connect to the existing driveway to the existing apartment complex. cc: Brad Hoffman Ron Warren Jim Grube SK:jn "74c _%~e44t9 Note 6:r#., EARL APARTMENTS PROJECT $4,600,000 MULTIFAMILY HOUSING REVENUE BONDS CITY OF BROOKLYN CENTER, MINNESOTA August 31, 1984 r Municipals, Inc. Miller & Schroede p , Mitm ... �ota (800) 81,j f feet Ott-ttr States (800) 328 6121 Miller & Schroeder Municipals, Inc. Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 (612) 831 -1500 August 31, 1984 Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Earl Apartments Project $4,600,000 Multifamily Housing Revenue Bonds Brooklyn Center, Minnesota Dear Mr. Splinter: We are asking the City of Brooklyn Center to consider approval of a multi- family housing revenue bond in the amount of $4,600,000 for the applicant, Earl Apartments Partnership. Title to the project will be vested in Earl Apartments Partnership. Their intention is to acquire all of the interest in Earl Apartments. Earl Apartments Partnership, subject to the approval of the bonds by the City of Brooklyn Center, plans to acquire, renovate, build onto, and own the Earl Apartments. Enclosed with this letter is information supporting our request. Included with the formal application is a breakdown of the use of bond pro - ceeds, present ownership of the project, feasibility letter, project pro- forma, and inducement resolution. It is estimated that the partnership will start renovation immediately upon receipt of the inducement resolu tion. Miller &Schroeder and the Earl Apartments Partnership have entered into an Investment Banking Agreement. The bonds to be sold will be an investment grade private placement with a rating of AA or better. We are forwarding to you two copies of the application and exhibits thereto along with a check in the amount of $2,000 covering the City of Brooklyn Center's bond application fee. In addition, David Kennedy has been sent a copy of the documents contained in the application. _ Neadquattees: Minnealxtlis. Minnextta branch Offices: Downtown Mi • Solana f3each, California • Northbrook, Illinois - St, Paul, Minnesota • Naples, Florida • Tallahassee, Florida • Carson City, Nevada -' Mr. Gerald Splinter August 31, 1984 Page Two Please do not hesitate to call me if you have any questions or are in need of any additional informaton. Sincerely, MILLER & SCHROEDER MUNICIPALS, INC. Marcia A. Cohodes Underwriter MAC /pmh Enclosures Table of Contents A. Application to the City B. Indemnification Letter C. Feasibility Letter D. Preliminary Resolution E. Bond Counsel Opinion F. Resolution Calling for a Public Hearing G. Notice of Public Hearing H. Program CORPORAMON �, A 680 Kosoro Avenue, Minneapolis, Minnesota 55414 (612) 623 - 3311 August 28, 1984 City of Brooklyn Center Brooklyn Center, Minnesota Re: Earl Apartments Dear Sir or Madam: This letter, together with the enclosed, is to constitute our formal application for approval for multifamily housing revenue bonds in the amount of $4,600,000 with respect to the aquisition, renovation and construction of additional units for Earl Apartments, as follows: 1. Applicant A. Business Name: Earl Apartments B. S ; State and Year of Organization: Minnesota, 1984 C. Contact Person: Gary S. Holmes, 623 -3311 D. Names and Addresses of Principals: Gary S. Holmes 680 Kasota Avenue Minneapolis, Minnesota 55414 Cyril E. Sheehy, Jr. 360 W. Larpenteur Avenue St. Paul, Minnesota 55113 The general partners have extensive business and real estate experience. Mr. Holmes and Mr. Sheehy are general partners active in the real estate business and in the renovation of multifamily projects in Minnesota and Colorado. II. Nature of Business Ownership and Management of 120 unit apartment project in Brooklyn Center, Minnesota, consisting of 54 one - bedroom units and 66 two - bedroom units. Construction of up to an additional 36 apartment units. The project is presently owned by a partnership consisting of Deil Gustafson and Cyril E. Sheehy, Jr. III.Development: The project is presently zoned multifamily residential, no zoning change or variance is required. No additional impact is expected on streets and utility services. Current real estate taxes are $98,034 and current special assessments are $20,447.55, and will increase based upon the rehabilitation and construc- tion. The expected time table for the competion of the project is 12 -18 months from issuance of bonds. The project will employ additional personnel for rehabilitation and con- struction. IV. Financing A. Amount: $4,600,000 B. Proposed Date of Issuance: October 31, 1984 Term of Bonds: Twenty years Interest Rate: Floating rate based upon 80% of prime, or less, with right to fix rate, or lower- floater based upon 53 -55% of prime, together with additional costs. C. Source of Financing Not Provided By Bond Issue: Equity investment by the .partners D. Manner in which bonds s will be sold: Lower - floater, private placement, mortgage or private placement secured by letter of credit. E. Alternative Financing: The aquisition and rehabilitation of the project can be accomplished only with housing revenue bond financing. Based upon conventional financing rates, the applicant will not aquire the project without housing revenue bond approval. F. Rehabilitation costs to be incurred: Rehabilitation costs are anti- cipated to be in excess of $450,000. Sincerely, EARL APARTMENTS r `Gary ,S. Holmes Partner APPLICATION FOR INDUSTRIA .L DE" ELOP':ENT Dr-ND PROJECT FINANCING CITY OF BROOKLYN CENTER Applicant: a. Business Name: Earl Apartments b. Business Address: Phone: (612) 623 -3311 680 Kasota Avenue area code Minneapolis, MN 55414 C. Authorized Representative Gary S. Holmes d. Address: 680 Kasota Avenue Phone: 623 -3371 Minneapolis, MN 55414 area code e. Business Form: (partnership, sole proprietor, corporation) Nature usiness: (provide a description of p your business .and /or products and as proposed with this development if different) Acquisition of existing 120 unit apartment project in construction of up to an addi- tional 36 apartment units. -I. Proposed Development: a. Describe the proposed project and its location. 1701 through 1707 -69th Avenue North, Brooklyn Center, Minnesota b. Is the proposed project a new facility or an expansion? Describe. Acquisition of an existing facility and expansion for the construction of uo:: to an additional 36 units. C. Explain the need for the project in Brooklyn Center. 1. Rehabilitation of an existing roject in'need of repair 2. Maintenance of rental housing for a minimum of 10 years a. 3 l ktjy,I,r IkAr Iei: i g� :.�c�.� L�• None other han multi- family residential e. Will the proposed facility attract other business to the area? Describe. Creation of additional, affordable housing will serve to keep-and attract business to the area. _'V. Financing: a. Estimated Costs: 1. land and building $ 2.tvdt�c 3. equipment 4. other (explain) S. Total: $ b. Total amount of financing requested: $ 4,600,000.00 C. Source of other funds to be used for the proposed project. Equity investment by the partners d. Have you applied for conventional financing? If yes, describe: The acquisition, rehabilitation and construction can be accomplished only with housing revenue bond financing. Based upon conventional ' financing rates, the project cannot be aquired or expanded. If no, why not: x c,rt. at+_' CAE gill i. No f. Have you ever defaulted on any bond or mortgage payment? If yes, provide details. No g. Has your business ever received industrial revenue bonds before? yes,. provide details. No, Earl Apartments, a partnership, has never received industrial revenue bonds before. The general partners, however, have interest in other ventures which V. Other: have received revenue bond financing. a. Provide the names and addresses for your underwriter, bond counsel, corporate counsel. Underwriter: Miller and Schroeder ,% Inc. NW F inancial Center, 7900 Xerxes Avenue S., Minneapolis, hN 55431. Bond Counsel: Stepp Solcmon, Larkin Hoffman, 7900 Xerxes Avenue South, Suite 1500, Minneapolis, MN 55431 b. What is your target date for: October 1984 1. construction start 2. construction completion _ December, 1985 VI. Financial References: a• Bank First National Ban k of Paul Frank Dutke 332 Minnesota Street St. Paul. MN 55101 _.F irst Natinnal Rank MinnPnp -1jS Richard FrandPPn - 120 South 6th Straar Minneapolis, MN 55480 —_ -EARL APARTMFrITS i l Applicant By Date August �C� 1984 Further Information, Contact y Manager's Office City of Brooklyn Center, Minnesota 55430 Phone (612) 561 -5440 EARL APARTMENTS PARTNERSHIP 680 Kasota Avenue Minneapolis, Minnesota 55414 August 31, 984 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Earl Apartments Project $4,600,000 Multifamily Housing Revenue Bonds Brooklyn Center, Minnesota Gentlemen: We, Earl Apartments Partnership, have submitted a request for multifamily housing revenue bonds to the City in the amount of $4,600,000. If the bonds are not sold or the project is not completed, we agree to pay for all reasonable and necessary expenses and costs which the City may incur for the Public Hearing and Resolution Notifications, reasonable bond counsel fees and underwriters fees determined by work actually completed. Sincerely, y 3. Holmes GSH /pmh y"AAi Miler & Schroeder Municipals, Inc. Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 • (612) 831 -1500 August 31, 1984 City of Brooklyn Center, Minnesota 6301 Shingle Creek Parkway Brooklyn, Center 55430 Re: City of Brooklyn Center $4,600,000 Multifamly Housing Revenue Bonds (Earl Apartments Project) At the request of Earl Apartments Partnership, we have conducted an informal study as to the economic feasibility of the proposal that the City of Brooklyn Center (the "City") issue revenue bonds or a tax- exempt mortgage under the provisions of Minnesota Statutes, Chapter 462C, to provide funds for the acquisition and rehabilition of the existing 120 unit Earl Apartment project plus the construction of approximately 36 additional units (the "Pro - ject ") located in the City of Brooklyn Center, Minnesota, B Pr i Based on our preliminary investigation, we believe the Project s economically feasible and the bonds, whether issued as revenue bonds or as a tax - exempt mortgage, can be successfully issued and sold. If the bonds are issued as revenue bonds, we propose to purchase the bonds subject to the approval of the project by the Minnesota Housing Finance Agency and subject to final agreement by and among the City of of Brooklyn Center, Earl Apartments Partnership and Miller & Schroeder Municipals, Inc. as to the terms and conditions of the issuance and sale of the bonds. Sincerely, MILLER & SCHROEDER MUNICIPALS, INC. Y its /pmh Headquarters: Minneapolis. Minnesota riranch Offices: Downtown Minneapolis • Solana Beach. California • Northhrook, Ilhnots - St I'aUI. Minnesota • Naples. Florida • Tallahassee. Flonda • Carson Cav, Nevada Mrrnher of the ti, i untie, imr.lur P"It"lrm erne »"'Itwll Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE ADOPTION OF A PROGRAM AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, FOR THE PURPOSE OF FINANCING A MULTI- FAMILY HOUSING DEVELOPMENT UNDER THE ACT;' AUTHORIZING SUBMISSION OF THE PROGRAM TO THE MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING THE PREPARATION OF DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF REVENUE BONDS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the City), as follows: Section 1. Recitals 1.01. Under Minnesota Statutes, Chapter 462C, as amended (the Act), the City is authorized to issue and sell revenue bonds or obligations to make or purchase loans to finance the construction of multi- family housing developments and the acquisition and rehabilitation of multi- family housing developments within its boundaries. The Act requires that the City adopt a program in connection.with a proposal to finance the construction of a multi - family housing development on the acquisition and rehabilitation of a multi - family housing development within its boundaries meeting the requirements of Section 462C.05 of the Act, after conducting a public hearing on the proposal to adopt the program, and that notice of the public hearing be published at least fifteen 15 days before the public hearing with respect to the proposed adoption of the program. 1.02. Representatives of Gary S. Holmes and C. E. Sheehy, and a partnership in which they are the general partners (the Developer) have advised this Council that the Developer ro oses to acquire re an apartment - 1707 P P com complex located at 1701 q p 69th Avenue North in the City, composed of one hundred twenty (120) apartment units and other functionally related and subordinate facilities, to rehabilitate the facilities, to construct up to thirty -six (36) additional apartments, and to operate the facilities as a multi- family housing development under the Act (the Project). The Developer has requested that the City issue its revenue bonds or obligations (the Bonds) under the Act and make a loan o a f the P roceeds of the sale of the Bonds in order to finance the purchase, rehabilitation, and construction of the described facilities. Under the Developer's proposal, the maximum aggregate _face amount of the Bonds proposed to be issued and sold is_Four Million Six Hundred Thousand Dollars ($4,600,000). 1.03. It is proposed that the City adopt a program under the Act with respect to the financing of the Project (the Program) 1.04. The City has been advised by representatives of the Developer that conventional commercial financing of the costs of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of the Project would be significantly affected, but that with the aid of municipal financing the Project will be more economically feasible. 1.05. This Council has been advised by representatives of Miller & Schroeder Municipals, Inc., Minneapolis, Minnesota, representing the Developer, that on the basis of information available to them, the Project is economically feasible,.and the Bonds could be successfully issued and sold. 1.06. Neither the full faith and credit, nor the taxing powers of the City nor any property of the City will be pledged to the payment of the Bonds. The Bonds are to be paid from the revenues of the Project. 1.07. Pursuant to the requirements of the Act and Section 103(k) of the Internal Revenue Code (the Code), a public hearing has been held relating to the proposed adoption of the Program, including the proposed issuance of the Bonds, after proper publication of notice of the public hearing in accord with the requirements of the Act and the Code. Section 2. Approval and Authorization 2.01. The Program is hereby adopted by the City pursuant to the requirements q ments of the .Act. The Mayor and the other officers, employees, and agents of the City are hereby authorized to prepare and execute the required certifications and to take such other actions as they deem necessary or advisable in order to submit the Program to the Minnesota Housing Finance Agency for review and approval in accordance with the provisions of the Act. 2.02. It is hereby found and determined, based upon the information presented to this Council by the representatives of the Developer, that it would be in the best interest of the City to issue the Bonds under the provisions of the Act in order to finance costs to be incurred by the Developer in the acquisition, rehabilitation, and construction of the described facilities. The City hereby gives its preliminary approval to the issuance of the Bonds in the approximate aggregate face amount of Four Million Six Hundred Thousand Dollars ($4,600,000), subject to the review and approval of the Program by the Minnesota Housing Finance Agency under the provisions of the Act and subject to the City, the Developer, and the purchaser of the Bonds reaching definitive agreement regarding the terms and conditions under which the Bonds will be issued and the provisions fot their payment. 2 . 2.03. The Mayor and other officers, employees, and agents of the City are authorized, in cooperation with bond counsel, to initiate the preparation of such documents as may be appropriate to evidence the terms of all agreements to be made in connection with the issuance of the Bonds, the security for payment of the Bonds, and the provisions for payment of the principal of, the premium if any, and interest on the Bonds. Adopted by the City Council of the City of Brooklyn Center, Minnesota, this 1st day of October, 1984. Mayor ATTEST: 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 votes against the same: Whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Clerk. 3. STATE OF MINNESOTA COUNTY OF HENNEPIN- CITY OF BROOKLYN CENTER I, the undersigned being the duly qualified and acting undersigned, g Y 9 c 9 City Clerk of the City of Brooklyn Center, Minnesota, or an appropriate official of said City authorized to execute documents on behalf of said City Clerk, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true, and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes` relate to the adoption of a Program and preliminary approval for issuance of housing revenue bonds under Minnesota Statutes, Chapter 462C relating to the apartment complex located at 1700 -1707 69th Avenue North in the City. WITNESS my hand and seal this day of October, 1984. (SEAL) City Clerk LARKiN ATTORNEYS AT LAW "'. L. HOFFMAN PETER K. BECK DAIY JON 9. SWIE RZEWS K1 MICHAEL S. MARGULIES 0M .TLOCK OGPEN 1500 NORTHWESTERN FINANCIAL CENTER THOMAS J. FLYNN N IELSON RODERICK 1. MACKENZIE DERSON 7900 XERXES AVENUE SOUTH JAMES P. OU1NN EDELL - ROBERT G. RENNER MINNEAPOLIS, MINNESOTA 55431 DANIEL A.OUINLAN E. MULLIGAN JEROME H. KAHNKE `PT J. HENNESSEY TELEPHONE 16121 83S -3800 TODD 1. FREEMAN -D R. FLETCHER CATHY E. GOBLIN C. ERICKSON TELECOPIER NO. (6121 835 - ANDREW J. MITCHELL D J. DRISCOLL MICHELE P. MCGEE P. MILEY DAVID O. MOELLER A. MCHUGH 1700 FIRST. BANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP JOHN A. COTTER• N. FULLER KATHLEEN M. OATESA vH W. ANTHONY 120 SOUTH SIXTH STREET LARKIN, MCCARTHY, NOEL, FALK 6 MINSHALL THOMAS G. MACDONALO+ C. SELLERGREN BRADLEY H. LEHRMAN - D. FULLMER MINNEAPOLIS, MINNESOTA 55402 SUITE 1110 BEATRICE A. ROTHWEILER `RT E. BOYLE TELEPHONE 1612) 338 -6610 1301 PENNSYLVANIA, N.W. SHERRILL OMAN KURETICH I. HARVEY PAUL B. PLUNKETT .RD A. FORSCHLER WASHINGTON, D.C. 20004 SUSAN R. BURNIGHT ARO A. NORDBYE SUSAN E. BARNES - MT T. MONTAGUE, JR. TELEPHONE 12021737-1000 AMY DARR GRADY -LES S. MODELL ALAN I M. 3TOPHER J. DIETZEN WILLI NAOMI M. WILLIAM SON -=.RD 1. DIAMOND � GARTH C. COLLER­ R. BEATTtE ':S M. STROTHER —� OF COUNSEL H. FISHER DR !�. JOSEPH GITIS =ASR STOLTMAN I " Y =N G. LEVIN I -I r -ALSO ADMITTED :EST 0. NOWLIN IN WISCONSIN _EL C. JACKMAN — PRESENTLY ADMITTEO ONLY -HEN B. SOLOMON J IN FLORIDA E. DIEHL DGIfO'S .R Q REICHGOTT �nnesota Housing Finance Agency Ir3 Sibley Street -ite 200 . Paul, Minnesota 55101 �la ty of Brooklyn Center, Minnesota rl Apartments Project :dies and Gentlemen: -_is relates to a program (the Program) for the financing of the _quisition, rehabilitation, and construction of an addition to a .-lti- family residential rental development under the provisions of nnesota Statutes, Chapter 462C ( the Act) . The Program relates to an - _iartment- complex known as Earl Apartments. The Program has been improved by the City of Brooklyn Center, Minnesota (the City) and is . be submitted to the Minnesota Housing Finance Agency.(the MHFA) for 7view and approval in accordance with the provisions of the Act. _der the Program, the City contemplates issuing its revenue bonds in -_e approximate aggregate maximum face amount of Four Million Six Y:ndred Thousand Dollars ($4,600,000). �sed upon the information set forth in the Program and the submission the MHFA and the information imparted tows by representatives of :_e Developer, it is our opinion that: 1. The revenue bonds to be issued by the City under the Program will bear interest that is not includable in the gross income of bondholders for federal income tax purposes under the provisions of Section 103(a) and 103(b)(4)(A) of the Internal Revenue Code. The revenue bonds to be issued under the Program will not be classified as mortgage subsidy bonds under the Mortgage Subsidy Bond Tax Act of 1980, Chapter 103A of the Internal LARKIN, 1101' FNIAN, D,\.j: Y Lr». r ota Housing Finance Agency' Revenue Code, or diminish the MHFA's authority to issue bonds under Chapter 103A. gated at Minneapolis, Minnesota this day of October, 1984. CITY OF BROOKLYN PARK, MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the City Council of the City of Brooklyn Center, Minnesota (the City), will meet at the City Hall, 6301 Shingle Creek Parkway, in the City on October 1, 1984, at o'clock p.m. to conduct a public hearing regarding the proposed adoption of a Program under the Minnesota Statutes, Chapter 462C } (the Act), relating to the issuance of revenue bonds under the Act to finance the acquisition and rehabilitation of and the construction of additional housing units for a multifamily housing development in the City. The Program describes a proposal made to the City by Gary S. Holmes and C. E. Sheehy on behalf of a partnership in which they will be the general partners (the Developer) proposing the acquisition and rehabilitation of an apartment complex located at 1701 1707 69th Avenue North, in the City, consisting of 120 apartment units and other functionally related and subordinate facilities, to rehabilitate the facilities, to construct up to 36 additional apartments, and to operate the facilities as a multifamily rental housing development under the Act. The Developer has requested that the Citv issue its revenue bonds t or obligations (the Revenue Bonds) under the Act and that the City lend the proceeds of the sale of the Revenue Bonds to the Developer in order finance the acquisition, rehabilitation and construction of the de- ibed facilities. The approximate maximum aggregate face amount of 4 t e Revenue Bonds to be issued and sold under the Developer's proposal would be Four Million Six Hundred Thousand Dollars ($4,600,000). The j Revenue Bonds would be payable solely from revenues as described in f the Program and shall not constitute a debt of the City. Copies of the proposed Program are on file and available for inspection in the offices of the City Clerk at the City Hall, 6301 Shingle Creek Parkway, in the City, on Monday through Friday between 8:00 a.m. and 4:30 p.m. All persons desiring to appear at the public hearing will be afforded an opportunity to express their views with respect to the proposed adoption of the Program, including the proposed issuance of the Revenue Bonds. - Interested persons may also file written comments expressing their views with the City Clerk prior to the date of the public hearing. Following the public hearing, the City Council will consider and act upon a proposal that it adopt resolutions adopting the Program and giving preliminary approval to the issuance of the Revenue Bonds. Dated at Brooklyn Center, Minnesota this day of September, 1984. 0 BY ORDER OF THE CITY COUNCIL` *tame and Title YROGIR M FOR TliE, CONSI'RUC'TTON OF A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act "), the City of Brooklyn Center (the City ") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City has received a proposal from Earl Apartments Partnership, a Minnesota General Partnership to be formed that, pursuant to the authority found in the Act, the City approve a program providing for the acquisition and rehabilitation of the existing one hundred twenty (120) units plus, the construction of approximately thirty -six (36) additional units of rental housing ( "Housing Units ") located at 1701 through 1707 69th Avenue North in the City (the "Project "). The construction of the Project is to be funded through the issuance of up to 14,600,000 in revenue bonds issued by the City (the "Bonds "). It is proposed that the bonds be privately placed through an underwriter and that the Bonds will include some form of credit enhancement, such as additional collateral, insurance or a letter of credit, in order to provide favorable interest rates. Following construction of the Project, the Developer, or a' related entity, will own and operate the Project as a multifamily residential rental project. The one hundred twenty (120) existing units f , and the approximate thirty -six (36) additional units will consist of fifty-four (54) one - bedroom units, sixty -six (66) two - bedroom units, and thirty -six (36) units to be constructed, of which twenty percent (20 %) of the units will be specifically reserved for tenants whose incomes are not greater than eighty percent (80%) of the area median income. It is estimated that rents for the Housing Units will be between $395 and $480 per month. The City, in establishing this multifamily housing program (the "Program "), has considered the information contained in the City's 462C Housing Plan, adopted on February 14, 1983 (the "Housing Plan "),' including particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private market financing for the construction of multifamily housing units; (iii) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, in adopting the Program, has further considered (i) the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the costs to the City, including future administrative expenses; (v) E the restrictions of the multifamily development to be financed under the Program; and (vi) certain other limitations. g The City, in adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; households with incomes at the lower end of the range that can be served by the Program; (iii) households displaced by public or private actions; (iv) families with children; and (v) accessibility to the handicapped. The Project will be rehabilitated, constructed and financed pursuant to Subdivisions i and 2 of Section 462C.05 of the Act. Subsection A. Definitions The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. (2) "Adjusted Gross Income" shall mean gross family income less $750 for each adult and less X500 for each other dependent in the family. (3) "Bonds" shall mean the Revenue Bonds to be issued by the City to finance the Program. (4) "City" shall mean the City of Brooklyn Center, County of Hennepin, State of Minnesota. (5) "Developer" shall mean Earl Apartments Partnership, a Minnesota General Partnership to be formed (6) "Housing Plan" shall mean the City of Brooklyn Center 462C Housing Plan, adopted on February 14, 1983, setting forth certain information required by the Act. (7) "Housing Unit" shall mean any one of the market rate apartment ,< units located in the Project, occupied by one person or family, and containing complete living facilities. (8) "Land" shall mean the real property upon which the Project is situated. (9) "Program" shall mean the program for the financing of the Project pursuant to the Act. (10) "Project" shall mean the multifamily housing development consisting of the acquisition and rehabilitation of one hundred twenty E (120) rental units and the construction of approximately thirty -six (36) additional rental units by Earl Apartments Partnership on the Land, subject to review and approval by the City Council in accordance with the 4 Brooklyn Center Zoning Ordinance. 4 -2- Subsection B. Program for Financing the Project It is proposed that the City establish this Pro to acquire and J q z. rehabilitate the existing one hundred twenty (120) housing units and to construct approximately thirty -six (36) additional housing units to be owned by the Developer, or a related entity, at the price and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the Lender and the Developer. To do this, the City expects to issue Bonds, the proceeds of which will be loaned to the Developer for the construction of the Project. It is expected that a Trustee will be appointed by 'the City to monitor the construction of the Project and any payments of principal and interest on the Bonds. The cost of a credit enhancement item will be borne by the Developer and payable in addition to the principal and interest on the Bonds. It is contemplated that the Bonds shall contain a maturity of at least ten (10) years and will be priced to the market at the time of issuance. The City.will hire no additional staff for the administration of the Program. The City intends to select and contract with a trustee, experienced in trust matters to administrate the Bonds. Insofar as the City will be contracting with underwriters, legal r counsel, bond counsel, the trustee, and others, all of whom will be eimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program. The Bonds will not be general obligation bonds of the City, but are expected to be paid from properties pledged to the payment thereof, which may include a credit enhancement item such as additional .collateral, insurance or a letter of credit. Subsection C. Local Contributions to the Program It is not contemplated that any additional financing or contributions from the City ill b d y e needed for the completion of the Project, or for the operation of the Program. Subsection D. Standards and Requirements Relating to the Financing of the Project Pursuant to the Pro The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program. (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition, rehabilitation, and construction of the Project, which will provide approximately one hundred fifty -six (156) market rate residential units. The funds will be made available to the Developer pursuant to the terms of the Bond offering, :which may include certain covenants to be entered into between the City nd the Developer. 4 t i -3- t. 10 (2) The Developer or owner of the Project, will not arbitrarily ject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, age or status with regard to public assistance or disability. (3) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state >' building code as set forth under Minnesota Statutes, Section 16.83, et seq. (4) Pursuant to Section 462C.05, Subdivision 2 of the Act, at least' twenty percent (20%) of the Housing Units wll be held for occupancy by � families or individuals with an Adjusted Gross Income not in excess of eighty percent (80 %) of the median family income as estimated by the United States Department of Housing and Urban Development for the Minneapolis -St. Paul metropolitan area. . The remaining Housing Units in the Project shall be designed to be affordable by persons and families with an Adjusted Gross Income not in excess of the limits set forth in Section 462C.03, Subdivision 2 of the Act.` Subsection E. Evidence of Compliance The City may require from the Developer or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory the City of the ability and intention of the Developer to complete the oject, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein;, and in connection therewith, the City of its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Developer or such other person deemed necessary concerning compliance with various aspects of this Program. Subsection F. Issuance of Bonds To .finance the Program authorized by this Section, the City may by resolution authorize, issue and sell its Revenue bonds in an aggregate principal amount estimated to be approximately $4,600,000. The bonds shall be issued prusuant to Section 462C.07, Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. Subsection G. Severability The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held i unconstitutional, contrary to statute, exceeding the authority of the { ity or otherwise illegal or inoperative by any court of competent risdiction, the decision of such court shall not affect or impair any the remaining provisions. t -4- Subsection H. Amendment The City shall not amend this Program while Bonds authorized hereby are outstanding to the detriment of the holders of such Bonds. g t a gg C C t j t 111'1'J�C3 1t:S ,,t.1Qjit.i(�r "t: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1984 -14 WHEREAS, pursuant to written Contract for Improvement Project-No. 1984 -14 signed with the City of Brooklyn Center, Minnesota. Thomas•& Sons Construction, Inc. has satisfactorily completed the following improvement in accordance with said contract: SIDEWALK IMPROVEMENT PROJECT NO. 1984 - (ALONG HUMBOLDT AVENUE FROM AMY LANE TO 72ND AVENUE) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center,.Minnesota, that: 1. The work completed under said contract is accepted and approved as follows: As Approved Final Amount Original Award $ 2,460.00 $ 2,611.96 2. The value of work performed is more than the original contract amount by $151.96 due to a general underestimation of planned quantities. 3. It,is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $2,611.96. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. There is appropriated the sum of $167.16 for additional contract and overhead costs incurred in the project. 2. The appropriation will be financed by: MSA Fund (Fund Balance #2600) $167.16 _._ 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. 11( xc r introduced the foll..owi.ncq ree (Auti.on anc2 r clv(�d itS adoption: - RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CENTRAL PARK PLAZA IMPROVEMENT PROJECT NO. 1984 -10 (CONTRACT 1984 -J) WHEREAS, pursuant to Resolution No. 84 -50 adopted by the Council on the 9th day of April, 1984, Brauer & Associates, Ltd. has prepared plans and specifications for Improvement Project No. 1984 -10 and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The plans and specifications for the following improvement as prepared by Brauer & Associates, Ltd. are approved and ordered filed with the City Clerk: CENTRAL PARK PLAZA IMPROVEMENT PROJECT NO. 1984 - CONTRACT 1984 -1 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on October 10, 1984, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on October 15, 1984, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. Date Mayor ATTEST: Date 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. 1 i:,ir�xr3�r��9 tIIE..: tollowi:.q r III I aIIC F F,c;OLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GLENN BREUNINGER WHEREAS, Glenn Breuninger served the City of Brooklyn Center as an employee of the Park Maintenance Division for more than twenty four years from May 20, 1960 to September 14, 1984; and WHEREAS, he will retire from public service on September 14, 1984: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that the dedicated public service of Glenn Breuninger is recognized and appreciated by the City of Brooklyn Center and that the City wishes him a long and happy retirement. 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. r PESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF ROBBINSDALE RELATIVE TO PROVIDING UTILIT SERVICE TO PROPERTY AT 4650 INDIANA AVENUE N WHEREAS, the City of Robbinsdale has preliminarily agreed that the Brooklyn Center property owner at 4650 Indiana Avenue North would be allowed to connect to Robbinsdale's utility lines located adjacent to the City limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized and directed to execute an agreement with the City of Robbinsdale relative to providing utility service to the property at 4650 Indiana Avenue North, (P.I.D. No. 10- 118 -21 -31- 0003). .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 TELEPHONE 561 - 5440 C Y EMERGENCY- POLICE -FIRE 911 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: September 7, 1984 RE: Utility Service Extension to 4650 Indiana Avenue North Attached are a resolution and inter -city agreement providing for the connection of the Brooklyn Center residence at 4650 Indiana Avenue North to the Robbinsdale municipal utility system. This residence is the only Brooklyn Center property located southeasterly of T.H. 100 at its inter- section with Indiana Avenue North and, as such, cannot be served by Brooklyn Center utilities (all utilities terminate northwesterly of T.H. 100 on Lakeside Avenue). Background The residence at 4650 Indiana Avenue North was constructed in (or about) 1951, being one of the first homes in the area. Accordingly, the owner installed a well and drainage field to serve the residence. The City of Robbinsdale installed municipal utilities (water and sanitary sewer) in the mid to late '60 at approximately the same time MN /DOT considered recon- structing the T.H. 100 Indiana Avenue intersection. The property owner, I. upon learning that the property was subject to acquisition in conjunction with the proposed intersection modification, chose not to connect to the Robbinsdale system at that time. As time passed, the owner realized that the MN /DOT plan had been "shelved" and approached the City of Robbinsdale with a request to connect to the previously installed mains. In response, the City of Robbinsdale informed the owner that said connections could not be approved because the owner's (Brooklyn Center) property could not be assessed by Robbinsdale. Both parties overlooked the option of including the City of Brooklyn Center as a "go- between and the subject was subsequently dropped. . ?le S'o�xethi.cq �c'oxe �Y �� The City of Brooklyn Center became involved in 1984, durinq the period of increased rainfall (arid subsequently increased lake levels), at which time staff volunteered to approach the City of Robbinsdale on behalf of the owner. Accordingly, the attached agreement was drafted and reviewed by both staffs and the owner was approached regarding the related costs. Upon review of the conditions and costs, the owner has again confirmed his intention to have the City of Brooklyn Center represent him. Cost Reimbursement The attached agreement provides for payment of $1,435.00 by the City of Brooklyn Center to the City of Robbinsdale, with said costs to be reimbursed by the property owner. The attached letter of acknowledgement, executed by the owner, indicates he has chosen to repay the costs in one lump sum cash payment. Timing Work is scheduled for fall, 1984. Recommendation Staff recommends the City Council pass the attached resolution at its September 10 meeting. A G R E E M E N T TIIS AGREEMENT, made and entered into this day of , 1984, by and between the City of Robbinsdale and the City of Brooklyn Center, WITNESSETEI: WHEREAS, the boundary between the City of Robbinsdale and the City of Brooklyn Center and the geometric configuration of T.H. 100 are situated so as to isolate the Brooklyn Center residence at 4650 Indiana Avenue North from municipal water and sanitary sewer utilities; and WHEREAS, the City of Robbinsdale has both water main and sanitary 'sewer in place in Indiana Avenue North; and WHEREAS, the City of Robbinsdale has indicated that they would allow water and sanitary sewer service connections to be made to said utility lines; and WHEREAS, the charges and costs for said sanitary sewer and water connections are based on and limited to providing service to the following described Brooklyn Center property: Commencing at the intersection of the south line of Government Lot 3 and the southeasterly line of State Highway No. 100, thence east 200 feet, thence at right angles north to the southwesterly line of State Highway No. 100, thence southwesterly along said highway line to the point of beginning. NOW, THEREFORE, in consideration of the mutual covenants'and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS: 1. The resident of the City of Brooklyn Center shall be allowed to connect to and become a part of the water and sanitary sewer systems of the City of Robbinsdale, and shall be subject to the same charges and regulations as a resident of the City of Robbinsdale: 2. The City of Brooklyn Center shall pay to the City of Robbinsdale $1,435.00 in accordance with the following schedule: System Fee $ 500.00 Water Fee - Water Main Laterals 54.48 - Hardware - Meter & connections $44.15 _ - Curb stop and box 44.15 - Corporation Stop 9.20 Subtotal 97.50 Tax 5.85 Total 103.35 - Tapping Fee 50.00 - Inspection Fee 30.00 TOTAL $ 237.83 Sanitary Sewer Fees Sanitary laterals 71.67 - Inspection Fee 30.00 - Permit surcharge .50 Sewer Availability Charge 425.00 TOTAL $ 527.17 i Street Repair Fees - Permit 50.00 - Repair fee Basic 120.00 - Excess ($5.00 /SF over 30 SF) TOTAL $ 170.00 Total Cost Payable to Robbinsdale = $1,435.00 3. The Brooklyn Center resident utilizing the Robbinsdale utility systems shall be charged the same rates as charged to residents of the City of Robbinsdale, said rates presently being; Water - $9.50 for 1st 1,000 cubic feet $ .80 for each additional 100 cubic feet Sanitary Sewer $23.60 per quarter The City of Robbinsdale shall bill the Brooklyn Center resident directly with payment of said charges to be guaranteed by the'City of Brooklyn Center subject to cooperation and the providing of information by the City of Robbinsdale to the City of Brooklyn Center which will allow the City of Brooklyn Center to specially assess any unpaid utility charges. 4. The City of Robbinsdale shall not be responsible to any person, firm, or Corporation for damages claimed as a result of backing of the sewer into the basement of the Brooklyn Center resident. 5. Robbinsdale street surfacing damaged during utility connections shall be restored to its original condition by the City of Robbinsdale with the cost of said repair to be borne by the City of Brooklyn Center as outlined in Paragraph 2 above. 6. Water and sanitary sewer service construction shall be completed by a plumber licensed in the State of Minnesota and City of Robbinsdale and shall meet the City of Robbinsdale standard requirements for such installations. . � w 7. The Brooklyn Center property owner shall be liable for all repair or grade adjustments to the utility services between the building and the respective mains. . 8. The City of Robbinsdale agrees to cooperate and make available any and all records, plans, specifications, and other materials which may be necessary to allow the City of Brooklyn Center to specially assess any and all costs which the City of Brooklyn Center may be required to pay to the City of Robbinsdale as a result of said utility service connections. IN WITNESS W[EREOF, the parties have hereunto authorized and entered into this agreement upon authority of the City Council of the City of Robbinsdale and the City Council of the City of Brooklyn Center. CITY OF ROBBINSDALE BY Mayor BY City Manager CITY OF BROOKLYN CENTER _ BY i Mayor BY City Manager CITY .6301 SHINGLE CREEK PARKWAY OF ..� � ��������� BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER --- � EMERGENCY - POLICE -FIRE .... 911 August 17, 1984 Mr. Virgil F. Dahinden 4650 Indiana Avenue ;Forth Brooklyn Center, Minnesota 55429 RE: Connection to Municipal Water and Sanitary Sewer Dear Mr Dahinden: At your request, the City of Brooklyn Center has approached the City of Robbinsdale regarding the feasibility of connecting your residence to the Robbinsdale municipal water and sanitary sewer systems. The City of Robbinsdale agrees that said connec- tions may be made under the general conditions outlined below: 1. Necessary hookup fees must be paid to the City of Robbinsdale before hookups can be made. In your case the City of Brooklyn Center must guarantee payment of the fees, therefore you must make payment to the City of Brooklyn Center, which will in turn pay the City of Robbinsdale. Your payment to Brooklyn Center may be completed in one of two ways 1) Cash payment of all costs (estimated at $1,435.00); or 2) cash payment of all non- assessable costs (estimated at $808.85) and repayment of assessable costs with property taxes over a five (5) year period. Please refer to the attached summary of fees and charges for a breakdown of the payable costs. '2. You must hire a plumber licensed in both the State of Minnesota and City of Robbinsdale to complete the connections, with all permits issued by the City of Robbinsdale. Note: The City of Robbinsdale will tap the water main, but the plumber must tap the sanitary sewer. Street repair would be completed by the City of Robbinsdale. 3. You would be responsible for payment of utility bills issued quarterly by the City of Robbinsdale (minimum bills each quarter - $9.50 for water,' $23.60 for sewer) In the event you fail to pay any bill, the City of Brooklyn Center will make payment to Robbinsdale and assess your property, placing the unpaid amount (plus overhead costs) on the succeeding year's taxes. " ?� So.Ktttcng �t ou ��t� Auj ist l;`, 1984 VJ. kiiiincic•n As you review the conditions outlined please be advised that it would be in your best interests to speak with a plumber regarding all other costs i.nvolvcd in connecting to the municipal system, especially a need to install a household grinder pump to transport sewage into the municipal sewer system. (A brief review of conditions shows that the basement floor elevation at the walkout door is 311 feet above the existing sanitary sewer.) Also be advised that the formal procedure for connection of your residence to the Robbinsdale system involves petition by the Brooklyn Center City Council to the City of Robbinsdale on your behalf. Included in the process is the execution of various agreements which provide for payment of the fees and charges outlined. Accordingly, it is requested that you acknowledge your intent to connect to the Robbinsdale system as soon as possible to insure the timely completion of all negotiations and the subsequent installation of the utility services. If you consider the described arrangement to be acceptable, please sign the acknowledgement below, indicating the preferred method of payment. Please contact our office if you have any questions in regard to this matter. Sincerely, J es N. Grube, P.E. City Engineer cc; Ron Warren, Director of Planning and Inspection Lee Gustafson, City of Robbinsdale JNG: j n Z. ACKNOIVLEDG EA T I hereby request the City of Brooklyn Center petition the City of Robbinsdale on - my behalf for authorization to connect to the Robbinsdale municipal water and sanitary sewer systems I hereby agree to make payment to the City, of Brooklyn Center in the method selected below, acknowledging that the City of Brooklyn Center will make necessary payment to the City of Robbinsdale on my behalf. (Select One) I will make full cash payment. I will make cash payment of all non- assessable fees and accept responsibility for repayment of assessable fees as special assessments over a five •ear period. � 1 b 'ilk OF THE CITY UF I 1'011YN CENTER Ir, TI!E' COUNTY OF HENNEP114 AND THE STATE OF MINNESOTA STUDY SESSION ST 1 AUGUST 23, 98 4 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:31 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Lowell Ainas; Carl Sandstrom, and Mike Nelson. Also present were Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross. Chairman Lucht explained Commissioners Simmons and Manson had informed staff that they would be unable to attend the evening's meeting and were excused. APPROVAL OF MINUTES - AUGUST 9, 1984 Motion by Commissioner Nelson seconded by Commissioner Malecki to approve the minutes of the August 9, 1984 meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki and Nelson. Voting against: none. Not voting: Commissioners Ainas and Sandstrom. The motion passed. APPLICA NO. 84031 (Rod Bernu) Following the Chairman's exp anation, the Secretary introduced the first item of business, a request for site and building plan approval to construct 12 townhouse n units on the existin g lots within the Earle Brown Farm Townhouse development on 69th Avenue North and York Place. The Secretary reviewed the contents of the staff report (see Plannnnn Commission Information Sheet for Application No. 84031 P g attached). The Secretary also noted that the grading plan submitted for the project was not complete. He explained that staff had received revised plans late that day. He stated that the grading plan was not adequate, but that most of the revisions requested in the staff report had been completed. Neveretheless, he recommended that the conditions in the staff report be adopted.- Chairman Lucht noted that the new plans show 15' wide driveways, rather than the 18' driveways recommended by staff. The Secretary explained that staff had not requested that existing driveways less than 18' be widened, but that any new driveways serving the units be at least 18' wide. He stated that some of these driveways have been changed on the new plans. Commissioner Sandstrom inquired as to the size of the units. Mr. Bernu answered that they were about 1,000 sq. ft. of living space with two -car garages. Commissioner Sandstrom also inquired as to the price of the units. Mr. Bernu showed the Planning Commission the materials to be used in construction, the Enercept system, and stated that he expected the units to sell in the $70,000 range. Mr. Bernu also explained that the existing platted townhouse units would be used as they were and that no replatting of the property would be necessary. He added that he would put in the 18' wide driveways requested by staff. F The Planning Assistant noted that well - insulated houses sometimes develop moisture problems and asked whether heat exchangers would be installed to relieve this 8 -23 -84 -1- moisture problem. Mr. Bernu stated that a fan system recommended by Enercept would be installed. He added that each unit would have a high efficiency gas furnace and that moisture from washer, dryer and range would be vented out of the home. Chairman Lucht asked Mr. Bernu whether he understood the condition requesting an additional parking lot light. Mr. Bernu answered that he would add such a light in the area recommended. The Secretary noted the additional guest parking shown on the plans, equal to roughly one stall per townhouse unit. He stated that it would be preferable to spread these stalls out in the common area, but that this was difficult to do in some portions of the site. Chairman Lucht then opened the meeting, explaining that although there is no public hearing on the application, neighboring residents may offer comments if they wish. Mrs. Betty Anderson, one of the existing residents in the complex, pointed out that the fence along the south side of the development had been installed by Sheehy Construction, but that, on the west side, the fence belonged to the single - family homes to the west. The Secretary stated that the existing opaque fencing is adequate to meet the requirements of the City ordinance, but that if it should.be removed, the burden would be on the townhouse association to replace the fence. Mrs. Anderson stated that she preferred vertical siding to the horizontal siding proposed for the new townhouse units. She stated that vertical siding would blend better with the existing units. She also asked why there were no basements in the proposed townhouses. Mr. Bernu stated that the addition of a basement would add to the cost of the townhouses and that he was seeking to put quality into the upper levels of the townhouses. A gentleman presently living at about 70th and Willow Lane, and who described himself as a potential resident of the complex, stated that he was frankly disappointed with the proposed townhouses. He stated that they were not as high quality as the existing units, that they were an inferior type of structure. He stated, based on the information he had about the proposed units, that he would not buy one. Ms. Mary Ann Sanderson, also a resident of the existing complex, stated that she felt the units were inferior, but that they were far superior to what was originally proposed by Mr. Bernu. She stated that she felt the townhouses being built in Brooklyn Center at present are pretty cheap. She stated that there was a need for more rambler -type townhouses that appeal to' elderly residents. Chairman Lucht stated that the Planning Commission could not make a decision based on the size of the units, basements, etc. He stated that those are the concerns of the developer as he tries to appeal to the private market. Commissioner Sandstrom stated that basements are generally needed for resale value. Chairman Lucht answered that most townhouses in Brooklyn Center don't have basements. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84031 (Rod Bernu) Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 84031, 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. 2- 23 -f;f -2- 4 3. A site performance agreett.ent and supportinf, financial gubrutlte' - (in an amount to be determined by the City r'anager) 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. B612 curb and gutter shall be provided_ around all common parking and driving areas. 7. The plans shall be revised to provide for the following: a. a grading plan b. indication of B612 curb and gutter around all common parking and driving areas. c. driveway widths of no less than 18' in locations where the driveways are not in d. the addition of 20 guest parking stalls in the common area e. relocation of trees scheduled for the future Shingle Creek Parkway boulevard to other areas on the site. f. an additional lightpost in the common area north of the northeast quad home. 8. The applicant shall enter into a standard utility maintenance agreement for common area utilities prior to the issuance of permits. 9. The applicant shall provide the City Engineer as -built utility information prior to the release of the performance guarantee. 10. The grading and utility plans must be revised and certified by a registered architect or engineer prior to the issuance of building permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Sandstrom and Nelson. Voting against: none. The motion passed. DISCUSSION ITEMS The Secretary noted that staff had no material to offer the Planning Commission on two family dwellings. He then referred the Commission's attention to a draft ordinance amendment regarding spatial limitations for home occupations. The Secretary reviewed with 8 -23 -84 -3- the Commission the background of the Dr. Lescault application which involved a chiropractor who wished to expand the office within his home. It was judged by the Planning Commission and City Council that such an expansion would make the home occupation more than incidental and secondary to the residential use of his property. The Secretary then read the draft ordinance which would allow up to 35% of the gross floor area of the dwelling or 500 sq. ft. whichever is less to be devoted to the home occupation. In the case of special home occupations, up to 70% of the basement floor area or 700 sq. ft. could be devoted to the home occupation, whichever is less. Commissioner Sandstrom asked how this ordinance would compare to existing situations. The Planning Assistant explained that the City does not have information on the area devoted to home occupations. He pointed out that most special use home occupations are conducted in either the basement or a garage. He added that, based on the information he has received from the Building Official's inspections and inquiries over the phone, the Limits suggested in the draft ordinance would probably cover the vast majority of home occupations Commissioner Sandstrom asked whether other cities have these types of regulations. The Secretary responded that many cities have provisions for home occupations, but that Brooklyn Center's are probably more precise than most. The Secretary pointed out that, under the ordinance, a home occupation would still have to be incidental and secondary to the residential use of the premises. He 'stated that the draft ordinance was an attempt to put numbers on what is meant by incidental and secondary. He added, however, that such an ordinance would, to an extent, put the City in a box in evaluating home occupations. There followed a lengthy discussion regarding the merits of placing limits or not placing limits on the amount of space that can be devoted to a home occupation. It was stated, on the one hand, that a definite spatial limitation would make it easier to make a determination in cases like those of Dr. Lescault. On the other hand, it was noted that any limitation would be imperfect and would ultimately lead to conflicts in certain cases. Chairman Lucht suggested that the Planning Commission and staff hold off on making any recommendations at this time, but gather history on the space used in home occupations for awhile and perhaps reconsider the ordinance at a later date. The Secretary asked the Planning Commission how it felt at this time about the whole idea of having an ordinance regarding spatial limitations. Commissioner Ainas stated that he felt such an ordinance was needed to better define "secondary and incidental." - Commissioner Nelson stated that he felt an ordinance would be too restrictive. He stated that the amount of space devoted to a home occupation should be a consideration in determining whether it lives within the spirit and intent of the ordinance, but that it would be a mistake to put specific limits in the ordinance. Commissioner Sandstrom stated that he did not feel there was a big problem with the amount of space devoted to home occupations and saw no reason at this time to adopt an ordinance. ADJOl4RNMENT Following further discussion, there was a motion by Commissioner Sandstrom sec(.,nded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9 :04 p.m. Qi ir;r���x7 App Ii 1, ion No. 84031 Applicant: Rod Berms Location: 69th and York Place North Request: Site and Building Plan The applicant requests site and building plan approval to construct 12 townhouses on undeveloped lots at the Earle Brown Farm Townhouses at 69th Avenue North and York Place North. The complex is zoned R3, contains -8 existing townhouses, and is bounded on the north by 69th Avenue North, by the Earle Brown Farm Estates and a portion of Shingle Creek Parkway right -of -way on the east, by old Xerxes Avenue North right-of- way and single- family homes on the south, and by single - family homes on the west. Townhouses are a permitted use in the R3 zoning district. The original Earle Brown Farm Townhouse development provided for 28 townhouse units arranged in quads on an approximate 4.5 acre parcel. The City has begun negotiations for approximately .75 acres of this parcel to realign the intersection of Shingle Creek Parkway and 69th Avenue North which will make 8 of the existing lots unbuild- able. A proposal that called for the maximum number of units in linear clusters on the remaining land was approved by the Planning Commission and City Council last year under Applications No. 83010 and 83017. The replat to support this development, however, was blocked by the owners of the eight existing units who objected to the number and style of the proposed units. Mr. Bernu has, therefore, proposed to build quad_ townhouses on the twelve remaining lots that are unaffected by the right -of -way acquisition. No replatting of the property will be necessary. The proposed plan, of course, follows the layout established by the original approval (Application No. 72050) with somewhat smaller units within the established townhouse lots. The main driveway serving the development is 30' wide. Driveways coming off this main drive are proposed to be 15' wide along the lines of the original plan. Staff recommend in cases where these smaller driveways have not already been instal - led, that they be expanded to a 18' width consistent with more recent plan approvals for similar developments. The plans call for double tuck-under garages in each unit and, of course, a two -car driveway for a total of four parking stalls per unit. This is well in excess of the ordinance required two stalls per unit. Nevertheless, staff recommend that guest parking stalls, equal to one stall per unit be added in the common areas, consistent with recent plan approvals. The proposed landscape plan calls for preserving a number of existing trees along the south and west property lines. A 6' high wood fence also exists along the south and west property lines to provide ordinance required screening from the single - family residential area. Proposed plantings include: 12 Red Splendor Crab (one in front of each unit) and 12 Froebel Spirea (one in front of each unit) and 6 Marshal- l's Ash, one at each end of each quad. In the large green area at the northeast corner of the site, the plan proposes 3 Radiant Crab, 5 Colorado Spruce and 5 Mar- shall's Ash. Six (6) Skyline Locust and 4 Norway Maple have been proposed for the future boulevard area adjacent to Shingle Creek Parkway. Staff recommend that these trees be relocated to other places on the site since they would impede construction of the future roadway. All green areas are to be sodded. No grading plan has yet been submitted. For the most part, it will be identical to the grading plan approved in 1972, except that a berm will be placed along the east and north edges of the site. Main utility lines have already been installed. All that remains to put in are the individual services. Curb and gutter has not yet been indicated on the plans. Staff have requested a note to that effect and there will, of course, be a condition that curb and gutter be provided around all common parking and driving areas. 8 -23 -84 -1- e Application No. 84031 continued Each _ under h n tow house unit in i a quad a s ap irna 1 21 x 44 with 1 q P to 6 t a double tuck -under Y garage even with the first floor. The first floor living area contains a mud room between the garage and kitchen, a kitchen, dining room and living room with an option vaulted ceiling. The upper floor will have one very large master bedroom over the garage, a full bath, and either a loft or second bedroom above first floor living area. Fireplaces are standard for each unit. The exterior treatment consists of pre - finished hard board horizontal siding. The plan calls for decks off the master bedroom above the garage. Skylights above the loft are an option also. Concrete patios off the ends of the living rooms are also to be provided. Site lighting is to be provided by three freestanding lightposts in the southeastern portion of the site. Each quad will also have two light fixtures on each side (or eicght per quad). It is recommended that an additional lightpost be added in the area north of the northeasterly quad to provide lighting to the driveway area and guest parking which should be added in this location. Although the plans require a number of revisions, we expect many of these revisions to be made by or before the Planning Commission meeting. It should, therefore, be possible to take favorable action on the application, subject to at least the follow- ing 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. N 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. B612 curb and gutter shall be provided around all common parking ,and driving areas. 7. The plans shall be revised to provide for the following: a. a grading plan b. indication of B612 curb and gutter around all common parking and driving areas c. driveway widths of no less than 18' in locations where the driveways are not in d. the addition of 20 guest parking stalls in the common area 8 -13 -84 �_ 1 {.d 1, ,)Il e. relocation of trees scheduled for the future Shingle Creek Parkway boulevard to other areas on the site f. an additional lightpost in the common area north of the northeast quad home. 8. The applicant shall enter into a standard utility maintenance agreement for common area utilities prior to the issuance of permits. 9. The applicant shall provide the City Engineer as -built utility information prior.to the release of the performance guarantee. 8 -23 -84 -3- `1a SLIDES CITY MANAGER'S PROPOSED BUDGET • t • CITY MANAGER'S 1985 PROPOSED BUDGET RECAP TOTAL BUDGET 1985 PROPOSED - - - -- $7. 489, 95'.3 1984 ADOPTED - - - - -- $6, 912, 52G INCREASE ---- - - - - -- $ 577.483 PERCENTAGE INCREASE - - -- 8.35% NET OPERATING BUDGET (EXCLUDES CAPITAL OUTLAY 8 DEBT RETIREMENT) 1985 PROPOSED - - -- $6p543p896 1984 ADOPTED - - - -- $6 P 226P890 INCREASE --- - - - - -- $ 316.998 PERCENTAGE INCREASE - -- -5.09% PROPO APPROPRIATI GENERAL GOVER 1 p 818,084 PUBLIC SAFETY --- - 2. 210, 352 PUBLIC WORKS - $1, 518, 247 HEALTH & WELFARE - - -- $ 28,911 RECREAT ION _ ._�._ ._ $1, 362P 150 UNALLOCATED .- $ 671, 8E DEBT REDEMPTION - -- $ 870,801 TOTAL $7, 489, 959 0 APPROPRIATIONS BY FUNCTION 1 CITY MW .. RIBLIC Y CaW Raic vmKs r 2Q M '� J I e WAO.TH AND VWAM L 4: ¢* ; a, F , M3T MMITIa p; REMtION M2X1 UNNIM (VT EXP aW 17.8x C) CD LO m - R;t N O 0 O E - 4 ra)0 O �N cv O I i 1 I i I I Z I I W i I W I 1 M: I 1 Of I I Z fa.4 Z I< I 1® 1 W 1-- CI) -I I 1- >WyW 0 C 0LLCr3zWM: 0 <C O 0 1- W 0 <C U U m <C O CL CZ'_ " " I-_ W .I J w I -i -i w -i - <C 0 Z m m <U < - m 1- W O O W W Z W LD CL CL = W Z) 0 1-- 0 APPROPRIATIONS BY OBJECT CLASSIFICATION 19M F ff= CITY MUff PERM SERV MW L M =r r a F CCm TItl �W 0. J PRMIGM ,.,iICE M 5X 7.72 ,l r DEBT REURBUT C TIAL GUTLAY UTILITIES 15.2X3 ALL OTHER 01.6X) 511PP1.IM REPAIRS, MTC i > n n - H n To C m T F00Z >x --icm F Z M M TOM F-I TM 0 ,"'{ C X °i m r- 0 ZZ > >M X _"'i -. Z _0 '��ZFcnm m> � mmnn H—iMMr XZ >m0OHU)'O (� -1 C Z ;u ! -�{ I-I I . ---i > m I X m 0 I r r: I m 0 i z I m I T< M Z I > r! I m -! I I--- n tj ! I I I; I X M. I m i -1 O E-- 0 �4 -P Ul CJl O 0 PROPOSED CAPITAL 1985 PROPOSED - - - -- $575,262 1984 ADOPTED - - - - -- X311,087 INCREASE ---- - - - - -- X264,175 PERCENTAGE INCREASE - 84.9% DEBT RETIREME 1085 PROPOSED ---_ -- $370, 801 1084 ADOPTED - - -- $574.541 DECREASE ----- - - - - -- $ S, 740 PERCENTAGE DECREASE 1.00% E S REVEN ---- --- ---- -- 5 , G02 PROPERTY TAXES �. 50.x BUSINESS LICENSES & PERMI - - - -- 1S3,C3O NON - BUSINESS LICENSES & PERMITS --- $ 9 , 2O INTERGOVERNMENTAL REVENUES -- - - ---- $3, 013, C GOVERNMENT CHARGES FOR SERVICES -- -- $ 1 S3. 2Z-30 PUBLIC SAFETY CHARGES FOR SERVICES $ 3,C00 RECREATION FEES -------------- ----- $ 545,042 FINES AND FORFEITS ---------- - - - - -- $ 170.000 MISCELLANEOUS REVENUE - ---- --------- - 4'%" FUND BALANCE - - _- _. - - - - -- -- - - - - -- 355,54 TOTAL ----------------------------- $7.489P959 ESTIMATED SOON CES OF FINANCING /* I 408x .^-'— MU FI. '. IICEeR�- , i F' -ITS 5,29 Ft 1 BNAME t4. GBERAL PRWERW ?AX Cif. S f 4 _ NISMIAN CIZRGES FOR SERVICES Q 21) REVENUE INTERGOVERNMENTAL 40. GENERAL PROPERTY TAX 34. " CHARGES FOR SERVICES - - --- g. MISCELLAN SOUS ----- - - - - -- S. S�o/ ' LICENSES AND PERMITS - ---- 3,4% COURT FINES 2. FUND BALANCE - ---- - - 4. 100, 0/ TOTAL V �� �p L OCA L 1955 STATE ESTIMATE $1, 1 984 STATE REVISED ESTIMATE $ 1, 742. INCREASE 104P 52 PERCENTAGE INCREASE --- - - - - -- 6.0% FEDERAL REVENUE SHARING 1985 PROPOSED 152, O 1984 ADOPTED --.- $272, 7 67 DECREASE .------ --- - -- $ 90 787 PERCENTAGE DECREASE 33.3% FUND BALANCE 1 FROM SUPPLEMENTAL LOCAL GOVERNMENT AID TO BE RECEIVED IN 1904 WHICH WAS NOT ANTICIPATED WHEN THE 1984 BUDGET WAS ADOPTED. ------------------------- - - - - -- $179P C7 7 (TO BE APPLIED AGAINST PROPERTY TAX.) 2. FROM FUND BALANCE ACCRUED FROM PRIOR YEARS' FAVORABLE BUDGET PERFORMANCE. -- $176,473 (TO BE USED FOR CAPITAL OUTLAY APPROPRIATIONS.? 3. TOTAL 1985 PROPOSED USE - - -- ------- -----`- $355.543 3 • t • PROPERTY TAX LEVY 1985 PROPOSED - - - -- $3, 390, 60 1984 ADAPTED - - - - -- $3, 390, 602 INCREASE ---- - - -- -- $ - 0 - PERCENTAGE INCREASE - - - - - -- 0% ASSESSABLE VALUATION 1085 ESTIMATED -- $207, 350P-05(",) 10 84 ACTUAL -- $204, 950, 11 INCREASE .- - -- $ 2, 000, 00 PERCENTAGE INCREASE - --- - -- -- 1. 1985 ASSESSED VALUATION FORM CHANG 1984 1935 ASSUME MARKET VALUE OF S 83, 40O S 63-4400 F I RST S 30,000 S 31,000 OF MV IS H0" :7"* T ': AD AND ASSESSED AT 17 17Z OF MARKET VALUE. is S 5r 100 S 5, 27® SECOND 3 , r S 0 000 S 31,000 OF MV IS H0< /E7T V AND ASSESSED AT 19X 19Z OF MARKET VALUE is S 5, 7OO S 5, 890 BALANCE OF s 3,400 S 1,400 OF MV IS HC:f'E�'TEAD AND ASSESSED AT 30x 30X OF MARKET VALUE is s 1 42 TOTAL ASSESSED VALUE IS 110820 _ 11.530 MILL - RATE 1955 PROPOSED ESTIMATE 16.352 MILLS 1954 ACTUAL --- - - - - -- - 16.763 MILL DECREASE --------- - - - - -- . 411 MILLS PERCENTAGE DECREASE ------ - - - - -- 2.5% TAX FORGIVENESS 1905: 54% OF TOTAL TAX TO A MAXIMUM OF ON A MAXIMUM MARKET VALUE OF 57, 000 PROPERTY PROPOSED 1J85 TAX ON A X60, 400 HOME -- $ 92. 80 1984 TAX ON A X63, 200 HOME -- $ 96. 6 DECREASE -- -_.- - - $ 5.81 PERCENTAGE DECREASE O.9% PROPOSED BUDGET TAX IMPACT 1984 BUDGET 1985 PROPOSED BUDGET - w- w--- w- --- -------- -- - - - - -- --------------- ---- w--- ------- -- - --- 1983 1984 1984 1984 1985 CITY TAX GECk" EA.111: MARKET TOTAL CITY MARKET CITY ------ ---~---w__- VALUE TAX TAX VALUE TAX DOLLARS P RC T - w --w -- - - -wwww - ww - -ww w -- - - -w w -- - - -w - - - - - -- - - - - --- $54 S 481.94 s 74.47 $54.200 S 72.79 8 1.88 2.: $839200 S 825.48 S 98.87 *83v400 S 92.88 $ 3.81 3. 9 $85.000 * 1.334.78 $208.30 *85.300 $199-80 8.70 3.2% i DISTRIBUTION OF TAX DOLLAR COLLECTED ME am MM DIST. M IN 11 , ey � b r " ITIA o.A. 3 T CM r' r ep , ,,,r y N. £a } C IN Cuff l / t °' CITY OF C1R (11 DISTRIBUTION OF TAX DOLLAR C \ PUBLIC SCHOOLS .S1 COUNTY '2 CITY a 16 VOCATIONAL SCHOOLS .O1 METRO TRANSIT .03 MISCELLANEOUS .02 TOTAL $ 1.00 y MAJOR CAPITAL OUTLAY *CITY HALL CARPET /PAINT 32,000 *BOILER REBUILDING iO,OOO' *HVAC SYSTEM CLEANIN 15POOO *CIVIC CENTER R JOINT SEAL lO, OOC *SERVICE GARAGE EXT WALLS 16,50 *W. FIRE STATION HEATING 10, 2SC *REMODEL POLICE OFFICES $ 28,OOO *POLICE CARS (4) $ 44. SOO *RESCUE VAN (FIRE) $ 23. OO® *WARNING SIREN $ 13. 000 *STREET DUMP TRUCKS (2) $ 56,000 *CARPET GAME ROOM /OFFICES $ 18.400 *PAINT CEILING OVER POOL. 35 OOO *PARK MOWERS (2) $ 18, 600 *MICROCOMPUTER INSTAL. 17 6 5 *COPIER $ 35. 500 OTHER BUDGET HIGHLIGH *CONTINUATION OF EXISTI SERVICE LEVELS *NO NEW FULL -TIME POSITIONS PROPOSED *ONE PARK MAINTENANCE POSITION ELI l i'N A ' _ 7 *ONE PARK MAINTENANCE POSITION TRA�4J� -Ek TO PUBLIC UTILITIES DIVISION *CONTRACTED STREET SEAL COATING *MUNICIPAL LEGISLATIVE COMMISSION DUES *WATER SHED DISTRICTS DUES *DOMESTIC ASSAULT INTERVENTION PROGRAM . , *ALL EMPLOYEES' SALARIES FOR 1985 UNSETTL.I.�, (SALARIES BUDGETED AT 1984 RATES *CONTINGENCY APPROPRI OF $125v • SLIDES REVENUE SHARING HEARING THE STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1J72 PURPOSE TO ASSIST STATE AND LOCAL GOVERNMENTS TO PROVIDE NECESSARY SERVICES 1972 FI SCAL_ ASSISTANCE ACT ORIGINAL - - - - -- JAN. 1972 THRU DEC. 1976 (5 YEARS) EXTENDED - - - - -- JAN. 1977 THRU SEP. 1980 C3 YRS. 9 ary EXTENDED � - --- OCT ' 1980 THRU SEP. 1983 (3 YEARS) EXTENDED - -- OCT. 1 THRU SEP. 1988 (3 YEARS) REVENUE SHARING EvTITIMMENT PERIODS ENTITLEMENT PERIOD START END DURATION AMOUNT 1 JAN. 72 JUN. 72 6 MONTHS * 2, 650, 000. OOO 2 JUL. 72 DEC. 72 6 MONTHS S 2, 650, 000, 000 3 JAN. 73 JUN. 73 6 MONTHS S 2, 987, 500, O00 4 JUL. 73 JUN. 74 I YEAR 3 6, 050, 000, 000 5 JUL 74 JUN. 75 1 YEAR S 6, 200, 000, 000 6 JUL. 75 JUN. 76 1 YEAR s 6, 350, 000, 000 7 JUL. 76 DEC. 76 6 MONTHS S 3, 325, 000, 000 8 JAN. 77 SEP. 77 9 MONTHS S 4, 987, 500, 000 9 OCT. 77 SEP. 78 1 YEAR $ 6, 850, 000, 000 10 OCT. 78 SEP. 79 1 YEAR S 6, 850, 000, 000 11 OCT. 79 SEP. 80 1 YEAR $ 6, 850, 000, 000 12 OCT. 80 SEP. 81 1 YEAR S 4,583,700,000* 13 OCT. 81 SEP. 82 1 YEAR S 4,5e8,700,000* 14 OCT. 82 SEP. 83 1 YEAR S 4,558,700,000* 15 OCT. 83 SEP. 84 1 YEAR S 4,588,700,000* 18 OCT. 84 SEP. 85 1 YEAR S 4,588,700,000* 17 OCT. 85 SEP. 86 1 YEAR $ 4, 566, 700. 000* -------- - - - - -- TOTAL X83, 150, 200.000 *FOR LOCAL GOVERNMENTS ONLY RESTRICTIONS AND QUALIFICATIONS * HEARINGS * PUBLICATIONS � AUDIT EVERY 3 YEARS -� NON - DISCRIMINATION � LABOR STANDARDS � USE REPORTS REQUIRED REVENUE SHARING HEARINGS BUDGETEEARING � HELD BY THE BUDGET ENACTING AUTHORITY (CITY COUNCIL) I � OPPORTUNITY FOR CITIZENS TO ASK QUESTIONS ABOUT OVERALL BUDGET AND THE RELATIONSHIP OF REVENUE SHARING FUNDS TO THE BUDGET AND TO COMMENT ON THE BUDGET # HELD PRIOR TO THE ENACTMENT OF THE BUDGET 0 CITY POLICY ON THE USE OF REVENUE SHARING FUNDS 1. FOR CAPITAL EXPENDITURES 2. FOR EXPENDITURES THAT 00 NOT CREATE ON GOING PROGRAMS PAST USE OF FUNDS ALL CAPITAL OUTLAY IN GENERAL FUND BUDGETS YEARS 1973 THROUGH 1984 a FUNDS TO RE ALLOCATED FOR 1985 FUND BALANCE AT 12/31/83 S 138.958 ADO RECEIPTS TO BE RECEIVED IN 1984: ENT. PER. NO. 15. 2ND QTR. (MAR 84) # 39.834 ENT. PER. NO. 151 3RD QTR. (JUN 84) 39,834 ENT. PER. NO. 15. 4TH QTR. (SEP 84) 39.834 ENT. PER. NO. 16. 1ST QTR. (DEC 84) 2390 834 S 158,538 LESS 1984 APPROPRIATIONS S 272.787 - - - - -- ADD ANTICIPATED RECEIPTS IN 1985: ENT. PER. NO. 18. 2ND QTR. (MAR 85) # 39,834 ENT. PER. NO. 18.. 3RD QTR. (JUN 85) 39.834 ENT. PER. NO. 18. 4TH QTR. (SEP 85) 39.834 ENT. PER. NO. 17. 1ST QTR. (DEC 85) 39,834 158. 538 REVENUE SHARING FUNDS AVAILABLE FOR 1985 USE S 181.241 ;jivrn u �3 ul 1C .1' r1 P,(" will i,E'' �4ti'1C: on t 1a. t:} l y r of S €� itea�'ter, 138r at D.pi. at the City H 01, 5301 Shingle Crc-1k P - to consider ad :iTt2ni , f,'nLI to the Zonis- Ordin --ncc cha .gin'; th,- zoning clasr..lfl- cation of certain land. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CHANGING THE Z CLA OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 - 1120. MULTIPLE FAMILY RESIDENCE DISTRICT (113). The following pro,.erties are hereby established as being within the (R3) Multiple Family Residence District zoning classification: [Oztlot E, Twin Cities Interchange Park Addition Lot 1, Block 2, Brooklyn V illage Offices Addition. Blocks 2, 3, 4, 5, 6, 7, and 8, Earle Br Farm Estates First Addition. Ear Fe Brown Farm Estates Second Addition, Earle Brown F arm Estates Third Addition, Earle Brown Farm Estates Fourth Addition, Earle Brown Farm Estates Fifth Addition. Section 2. Chapter 35 of the City Ordinances is further amended in the following manner: Section 35- 1140. MULTIPLE FAMILY RESIDENCE DISTRICT (R5). The following properties are hereby established as being within the (R5) Multiple Family Residence District zoning classification: [That part of Lots 4 and 5, Auditor's Subdivision No. 57, described as follows: Commencing at a point in the westerly line of Lot 4 distant 202.5 feet south, measured at right angles, from the north line thereof; thence southeasterly 198.49 feet; thence east 251.39 feet; thence northwesterly at an angle of 132° 10' a distance of 215.39 feet more or less to a point 202.5 feet south, measured at right angles, from the north line of Lot 4; thence west to the point of beginning; except highway. That part of Lot 4, Auditor's Subdivision No. 57, described as follows: Commencing at a point in the north line of Lot 4 distant 34 rods east from the west line of Section 27; thence south 82.5 feet; thence west 81.35 feet to the actual point of beginning; thence south 120 feet; thence west to the northeasterly line of State Highway No. 152; thence northwesterly along said highway line to a point distant 82.5 feet south as measured at right angles from the north line of Lot 4; thence east to the point of beginning; except highway. Section 3: This ordinance shall -lco le effective after adoption and upon thirty (30) gays fc llUWi'G its le al publication. Adopted this day of 19 Mayor ATTEST: Clerk Date.of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). I. TO': Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectjbn ,,,t.a) DATE: September 7, 1984 SUBJECT: Showbiz Pizza Place Request for Ordinance Amendment Attached is a copy of a letter from Mr. Perry Snower, Chairman of the Board for Sweeney Group, Inc. requesting an opportunity to address the City Council regarding a change in the City's Amusement Device Licensing Ordinance. This item is on the September 10, 1984 City Council agenda. Chief Lindsay and I have met and discussed this matter with Mr. Snower who wants to utilize skee -ball games at the Brooklyn Center Showbiz location. He indicated that revenues from the Brooklyn Center store were down in comparison to their other operations in this area and the main difference "between the operations is that the Brooklyn Center store does not offer skee -ball in the same manner as the other operations. Skee -ball is a machine /game in which a 'person rolls a ball down an alleyway attempting to put the ball in various holes that register points based on degree of difficulty. With an accumulation of a certain number of points, the machine will dispense a ticket or tickets redeemable for a prize or merchandise. The game is considered by the State to be a "game of skill" and is not a gambling device. Our ordinance, at Section 23 -2111 and 2112, and also under 23 -2102, Subdivision c(1), the definition for an "amusement device," prohibits payoffs or automatic payoff devices_ that "give any money, token, merchandise or any other thing of value or any reward or prize in lieu of games registered on such device ..." Therefore, to utilize skee -ball in the manner described above is not permitted by City Ordinance. The skee - ball game itself is not prohibited if it is limited to registering free games or additional plays by attaining a certain score. The fact that tickets are awarded which can be redeemed for prizes makes it contrary to City Ordinance. Mr. Snower reviewed with Chief Lindsay and myself the type of prizes given for skee -ball in their other operations. They were trinket -type things that he claims cost Showbiz less than $1.00 each, for the most part, and in his opinion were of little value. He noted, as he points out in his letter, that the lack of skee -ball in the Brooklyn Center location is a large contributing factor in their declining revenue and he would like to be able to have these games with the prizes available. It was explained that in order for this to be accomplished the City Council would have to change the Amusement Device Licensing Ordinance to perhaps allow payoffs of prizes of little value for games of skill. You will recall, that at the time the Amusement Device Licensing Ordinance was adopted in June of 1982, it was pointed out that the ordinance was somewhat more restrictive in terms of gambling and payoffs in that it prohibited any payoffs other than free - games. State law does not consider games of skill as gambling devices, and, therefore, prizes or other payoffs could be given for games of skill and not be considered gambling. Our reasoning for recommending the more restrictive language was based soley on determining what are games of skill. It was pointed out at that time that many electronic games certainly are games of hand -to -eye skill and could potentially be allowed to have payoffs or other prizes. To avoid continuously having to make determinations as to whether or not a game was a game Page 2 September 7, 1984 of chance or ,a game of skill, we recommended that no payoffs other than free games for amusement devices be allowed. This was the reason and rationale for the more restrictive language and, in my opinion, the City Council_ consciously adopted this more restrictive language. There may, or may not, be justification for changing the ordinance based on Showbiz's problems, however, the ordinance, if amended, would affect all establishments allowed to have amusement devices. If the City Council feels the ordinance should be modified to accommodate Showbiz's request, I would suggest they direct the staff to draft an ordinance amendment to allow prizes or payoffs of little or no value for games of skill. mlg i n 'A _ __. . 4 �.� 7 y A SL MID ARY OF RROCK "OFF I COR FOR A TI ON D - 5939 John Martin Drive • Brooklyn Center • MN 55430 -2566 (612) 560 -1354 August 29, 1964 Ronald Warren Director of Planning and Inspection City of Brooklyn Center Dear Mr. Warren: I wish to thank you and Chief Lindsey for the time and consideration that you have taken with me about our Showbiz Pizza Place, Brookl Center situation. As we discussed, our Showbiz Pizza Place store in Brookl Center has shown a sizeable loss of profit to our corporation. After careful analysis based on the other Showbiz Pizza stores in Minneapolis and St. Paul we find that the largest contributing factor to the decline in revenue is due to having no Skee Sall equipment in the Brooklyn Center store, the other 3 Showbiz stores do have Skee Ball. As I have discussed with you and the Chief it is our belief as well as the belief of the Showbiz Pizza franchisor that Skee Ball is definitely a game of ski 11 and not to be . construed a-� a gambling device in any way. Our store is definitely designed to cater to parents and younger children and the prizes that we give for these skillful efforts, as you can see from what I have sent to you, are so insignificant in value that it could hardly be construed as anything really worthwhile, except to children of this young age group. I sincerely feel that we are a community - minded venture and have attempted to operate an establishment that is not only in the best interests of Brooklyn Center but more important, for the Tong range development of the youth of today. It is my sincere feeling that Skee Ball in no way could have adverse effects, but conversely do nothing but good to establish good coordination and fun for the young citizens of Brooklyn Center. ,azaaa � 7 fl Wiz: J AA 1, A SUBSIDIARY OF 9ROCR 1,471`1 CORPORATION 5939 John Martin Drive • Brooklyn Center a MN 55430 -2566 • (612) 560 -1354 I would like to address your city council in an effort to ask them to give us permission- to install these Bkee Ball units. I have also made a very in -depth study as to whether without these small prizes it would be worthwhile for the substantial investment we would have to make. From all indications without a prize for the skillful efforts of these young tots it wouldn't be worthwhile to make this F sizeable investment. I will avail myself to you, your city *counc i l , or whomever you wou suggest at any time. You may contact me at my office in Chicago (BI's) 275 -4540 or through Joe Hollencamp at the Brooklyn Center store directly. Again let me thank you and Chief ,Lindsey for the time you have spent in reviewing our problem.* Thanking you in advance. V er , Perry mower Chai of the Board e Sweeney Group Inc. f' C APNS17IF IT D1 Section 2.3 -2101. LICFIISE REQUIRED. A. No operator as defined herein shall keep, operate, maintain or permit to be operated or iruaintained upon premises within his direct or indirect control within the City of Prooklyn Center any amusement device, unless such person, firm, partnership or corporation shall have first procured a license as hereinafter provided B. No vendor as defined herein shall provide an amusement device or devices to any operator or amusement center located within the City of Brooklyn Center unless such vendor shall have first procured a license as hereinafter provided. Section 23 -2102. DEFINITIONS. A. "Amusement Centers" - The operation of one or more amusement devices (except those designed for and used exclusively as rides for children) as a principal or secondary use available for use by none mployees upon commercial premises other than those listed in Section 23-2109 Subd. B subject to the Special Use Permit requirements of Section 35 -220 of the City Ordinances. B. "Vendor" - A person, firm, partnership or corporation which owns one or more amusement devices and which provides such devices to an amusement center operator, or to the operator (manager or owner) of an establishment authorized to have amusement devices on his /her premises for public use. C. "Amusement Device" -The term amusement device as used herein means any amusement device of the following. types: 1. A machine or contrivance, including "pinball" machines, electronic or video games, mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical or electronic devices and games or amusements patterned after baseball, basketball, hockey and similar games and like devices, machines, or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin(s) or token(s) or at a fee fixed and charged by the establishment in which such devices or machines are, located, and which contain no automatic payoff devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to permit a free play or game. 2. Amusement devices designed for and used exclusively as rides for children such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses and other miniature mechanical devices not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition. D. "Operator" - A person, firm, partnership or corporation which manages any arrrurl-ement device, or for the owner- or operator of any esta.bli.shment where it is located, to knowingly permit the same to be used for gambling or for the making of bets or wagers. Section 23 -2111. PAYOFFS. It shall be unlawful for the licensee or for the owner or operator of the establishment where any amusement device is located to give any money, token, merchandise or any other thing of value or any reward or prize in lieu of free games registered on such device, and all free games so registered shall be played on the device registering such free game, and there shall be no mechanism on the amusement device whereby the operator can cancel registered free games. Section 23- -2112. AUTOMATIC PAYOFFS. It shall be unlawful for any person to keep, maintain, sell or permit to be operated any amusement device which has been converted into an automatic payoff device which shall automatically award money, prizes, tokens, merchandise, gifts or anything of value, other than free games to the operator or player of such amusement device. It shall be unlawful to convert any amusement device into an automatic payoff device. Section 23 -2113. DESTRUCTION OF ILLEGALLY OPERATED FACHITTES. Any amusemenT ec�e knowingly used by the owner in violation of Section 23 -2110, 2111 or 2112 of this ordinance may be seized and destroyed in compliance with the provisions of the Statutes of the State of Minnesota relating to gambling devices. Section 23 -2114. CERTAIN A1 DEVICES NOT LICF.I ?SED. The licensing provisions of this ordinance shall not apply to any of the following amusement devices: 1. Any amusement device held or kept for sale or storage and which is not actually in use or displayed for use. 2. Any amusement device used for private, noncommercial purposes such as home use. 3. Any amusement device located on commercial or industrial premises in lunch rooms, break rooms, employee cafeterias or recreation rooms which is provided for employees use and not available for use by the general public. 4. Any amusement device located in a recreation center or recreation room in a multiple- family or townhouse residential complex which is provided for use by residents and their guests and is not available for use by the general public. Section 23 - 2115. AP- IUSE[ DEVICES - RESTRICTIONS AND LICETISE REVOCATION. — A. It shall be the responsibility of the operator: I. To prevent the harassment of any person in or adjacent to the licensed premise by patrons of the licensed premise; Y 2. To provide adequate and unobstructed ingress, egress and parking areas adjacent to the licensed premise; CITY OF 6301 SHINGLE CREEK PARKWAY � BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 ' N" R EMERGENCY- POLICE -FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: September 7, 1984 RE: Water Quality Problems in West /Southwest Neighborhood. During the past year, we have continued to spend considerable time and effort in monitoring water quality problems as they occur within the system, responding to citizen complaints and inquiries, and attempting to develop feasible solutions. Our observations and evaluations may be summarized as follows: 1 Because,of the high concentration of manganese which occurs naturally in our water supply, we receive a number of "black water" and taste and odor complaints from throughout the City. Nearly all of these problems occur only in the hot water and can almost always be corrected by regular flushing and correct temperature controls of the water heaters. Elimination of these problems could only be accomplished by the construction of a very costly treatment plant. 2 - Because of the high level of hardness which also occurs naturally in our water supply, it is necessary for most customers to have water softeners. Improper operation or failure of water softeners also result in complaints regarding water quality particularly taste and odor complaints. Again, these problems occur randomly throughout the City and could be eliminated only by the construction of a very costly treatment plant. A 1980 report by our consultants (Black and Veatch) estimated the costs for such a plant at $13 million (1980 costs). 3 - During the past several years, we have concentrated on one area of the City in which the most severe water quality problems exist. This is the area between Orchard and Unity Avenues, between 63rd and 65th Avenues. "'ale .So.�ceticiscg �1I a ze �ityc " Gerald r,, :;rdAIItr,r, ('it -;' MI ;,Gpfiember 7, 7934 Within this area, we receive more black water and taste and odor complaints than from any other comparable sized area of the City. Many red water complaints (which are relatively rare throughout the rest of the City, as should be expected from the low iron levels at the wells) are received from residents within this area. 4 Chemical testing in the problem area shows that, under normal operating conditions, the water within the system shows the following symptoms: (a) a lower than normal chlorine residual (b) a lower than normal residual of zinc orthophosphate (a chemical which is needed to inhibit metallic corrosion in the system); and (c) iron levels which are higher than those found in the water at the wells. All of these symptoms indicate that corrosion is occurring within the water mains in this area. 5 - Hydraulic analyses of the water system also indicate that 'this portion of the system operates as a "hydraulic dead - end ", i.e, water tends to stand or move very slowly. 6 - During 1984, we have conducted experiments at two locations within this problem area. During these experiments, we have: (a) created artificial flow conditions by closing certain valves and running water through fire hydrants directly to a storm sewer; and /or (b) added a chemical inhibotor to the water within the problem area. In all cases, residents reported improved water quality while the experiments were in progress and our chemical testing showed improved levels of chlorine and zinc, while showing reduced iron levels. Also, in all cases, residents reported a deterioration of water quality within two weeks after termination of the experiments. Our chemical testing confirmed the deterioration. Recommendation: Based on our observations and experiments, we recommend the installation of permanent in -line pumps and chemical feed equipment at three locations within the problem area, (one in the 6300 block of Orchard Avenue, one in the 6400 block of Regent Avenue, and one in the 6400 block of Unity Avenue). The estimated total cost for the three installations is $11,000 and the estimated operational costs are $1,000 per year. We recommend that these costs be charged to the Public ,Utility Fund. While we know this will not eliminate all problems, we are confident that it would reduce the problems within this small problem area by 75 to 90 per cent. III _ttt ", (.JLy M.Allaife - i- .Sep(.cmht -'.0 1, 19 HA Immediately adjacent areas suffer some of these same problems, but to a somewhat lesser extent. If this proposed solution does help to resolve the problems in the area in question, similar action should be considered in these other areas - on an individual basis, as the severity of the problem is demonstrated. If approval is granted by the City Council, these installations can be completed and placed in operation within the next two months. Respectfully submitted, Sy Knapp SK: ps i 310 ';3t. '.icy'. q; 1, -.. t.. ;. ., :. .,' .. -. •. ._ ___ —__ _ _. - -_ ____ — _. -.Y.- .__. :'nt�st::�ew�a.le� ___ _' saw p NO!Ad 12G ` LANE ' . YJt 412-� " �'rX 5:l'.� `•!3n r�•C i•• ,i i.- `.,i C� - 1 .. `C. `, aR'3 iEC'.7 i r. 1 ' a 1 530 15 Si. sZ— +- --t-- .3 � - IJ1 5 30 7 .0 136 . "539 �. -� l� - J i Iv oa ( L �A N E { C / -- — 1 11 tp 53G. 53 )I 23i�_Z 0..3 1213 L ti�i i;•13 S1 5124 AVE : 6 5 T j .523 Z'+Q 815212 -�'� V ^.?Of 5i 3^ �H ' �, 50061 sn_'i•a� � -:9' <3' ', / I 'r. <� f' f,,,7 t0 'ji � - IP R L' M R 206 - PAU L D.R. 4�0 5212 5 I � ,D •K � m N - ■ J - Y _ 4 - 5213 t - ■ ll-� _ - �I 5207 64TH �� f � 5306 � �, �� ��.�' � a -� 'P > ■} � .�. 5300 -j j i M : Q= ■; ! .� 5309 5305 5301 5213 52.. a jor Y - < ■=` i �C D R m 5324 F i �J:S ` Q.l,� ! - { L _ - i -. l ■, �.. i . r G l.J , ui i� C,:t6 '.32015324\ li - �,O �-?- �� E �� �R�� W r AV E F t r s2�_ 5: =1i2 i51G� 63 R D;.:.,1 H; �:�. - E. .D `+3 c ° :.•a 531- � - �{ 540: viii 5 `i31'J I0K11 - 1.,; 7. r I r 50 _ _ ��� �)c1 3 •_ - y c'3t 800 UJ 1 $ m , o L 6, N D AVE . N 2 :c? ui ORCHARD • L ANE �r x' ,. , _.�w'amr+e+rta. «w.aa a.eA, a -.: -. ..•,o�...«..�c ..,wxnw Asa.^. ...... .. .....: ,,,.,�„.1„�. ,,, ... .. .:... � :� .._ ,..�._.,.. _ -... _. i * 'f FR01 Ronald A. Warren, Director of Planning and Inspection �` DATE: September 6, 1984 SUBJECT: Chippewa Pa rk Apartments Rental Dwelling License On the September 10, 1984 City Council agenda will be an item requesting approval of the, rental dwelling license for the Chippewa Park Apartments. As you will recall, last spring we were having considerable problems with the ownership of the complex involving the proper maintenance and repair of the complex. The problems involved Housing Maintenance Ordinance violations and were considered to be life- safety concerns such as inoperable fire doors, inoperable elevators, inoperable security lights, and loose stairwell handrails. The owner of the complex was cited for three Housing Maintenance Ordinance violations on March 30, 1984 and .another violation on April 11, 1984. At the time of these tags, the owner was on a one year probation stemming from a Housing Maintenance Ordinance violation for which he plead guilty in May, 1983. The tags issued in March and April of this s year have recent been resolved with the owner of the complex Y P pleading guilty to one charge and paying a fine. The other three charges were dismissed and he was again placed on another one year probation. You will also recall that in May and June of this year, a representative of Chippewa Park Properties appealed two compliance orders issued by the Building Inspector. These appeals were heard by the Housing Commission and the City Council with both appeals being denied on two separate dates. On.May 18, 1984 Building Inspector Andrew Alberti, Jim Thomson of the City Attorney's office and myself met with Steve Liefschultz (the son of one of the owners of Chippewa Park Apartments) and two other attorneys, Paul Steffenson and James Dunn to discuss the problems at the complex. It was noted that over the years maintenance of the complex had been minimal which lead the City Council to revoke the rental dwelling license for a short period of time on December 4, 1978. Also, in December, 1980 the City Council began proceedings to again revoke the rental dwelling license due to failure to comply with the City's Housing Maintenance and Occupancy Ordinance and set January 26, 1981 as the date for the owner to show cause why the rental license should not be revoked. Compliance with City Ordinances was achieved prior e p o to that date and the proceedings for revocation were cancelled. Also, during that meeting, it was noted that similar violations had occurred since that time and citations had been issued. It was also pointed out that the lack of maintenance had reached such a oint that serious consideration was then being 9 given to requesting the City Council to revoke the Chippewa Park Apartments rental dwelling license. Steve Liefschultz indicated during the meeting that as of May 4, 1984 his L and D Management, Inc. had taken over as co- managers of the complex and would be responsi- ble forall maintenance and repairs on the property. He assured us that he would correct all deficiencies and turn the complex around in terms of proper maintenance and upkeep. He noted, however, that he felt many of the compliance orders issued were of a petty nature and felt that his father had been unduly harassed by compliance orders and citations. He also felt some of the provisions of the Housing and Maintenance Occupancy Ordinance were vague and perhaps illegal and also expressed a distaste for the compliance order procedure. • Sr-:r]tr, 6, 1 198,4 Following the discussion, it was agreed that L and D Management, Inc. would be given an opportunity to correct the deficiencies at the complex and that if there was not marked improvement by August 31, 1984, the date on which the rental dwelling license for the complex expired, that we would recommend to the City Council that the license be revoked. We also noted that we would continue to make inspections based on complaints and for Metro Section 8 Rent Assistance recipients and send compliance orders as needed. During the past few months, L and D Management, Inc has turned the maintenance of the complex around. The fire door, elevator, lighting and smoke detector problems are under control Outside maintenance and upkeep has been improved and the potholes in the parking lots have been repaired. The Building Inspector, Sanitarian and Fire Inspector conducted an inspection of the complex on July 18, 1984 for the rental license renewal and reported that all problems were corrected and the complex is being properly maintained. The only area that stills needs to be addressed is to find a proper means of screening some of the outside trash containers. The Building Inspector has had discussion with L and D Management regarding this matter and it is felt that this problem, too, will be resolved. Therefore, based on the efforts and accomplishments of L and D Management, Inc., it is recommended that the rental dwelling license for the Chippewa Park Apartments be renewed for a two year period, effective September 1, 1984 to expire August 31, 1986. mlg Licenses to be approved by the City Council on September 10, 1 984 I TINERANT FOOD ESTABLISHMENT LICENSE Yarle Frown PTA '� 5900 Humboldt Ave. N. nights of Columbus Ladies Auxiliary 7025 Halifax Ave. N. Sanitarian MECHANICAL SYSTEMS LICENSE Haove -Aire, Inc. 68+0 Shingle Cr. Pkwy. L.S.V. Metals, Inc. 6800 Shingle Cr. Pkwy. - 86ildirigj Official SIGNHANGERS LICENSE Arrow Sign Company 18607 Highway 65 NE BuildinUOfficial SPECIAL FOOD HANDLING LICENSE T. Penney Brookdale Center -- unitarian GENERAL APPROVAL: �/Y r G. pl' er, City Clerr< 8