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HomeMy WebLinkAbout1985 03-11 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MARCH 11, 1985 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 separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Mayoral Proclamation Regarding a Day of Spiritual Rededication in Brooklyn Center 7. Resolutions: *a. Accepting Bid and Approving Contract 1985 -C (Liquor Store No. 1 Remodeling Project No. 1985 -03) f *b. Amending the 1985 General Fund Budget, Transferring Funds from Council Contingency Account to Fire Department Automotive Equipment Repair Account for the Repair of the Fire Department's Aerial Ladder 8. Planning Commission Items (7:15 p.m.) a. Planning Commission Application No. 85004 submitted by Cathy Rausch for special use permit approval to conduct a home beauty shop with one nonresident employee in the existing family room of the residence at 3000 63rd Avenue North. The Planning Commission recommended approval of Application No. 85004 at its February 14, 1985 meeting. This application was tabled at the February 25, 1985 City Council meeting to allow time for the applicant to consider the conditions of approval discussed by the Council. 9. Consideration of Specified License: a. Brookwood Condo Rental License 10. Consideration of Specified License: a. Wine and Beer License Application for Denny's Restaurant -The wine and beer license for Denny's Restaurant was approved at the February 11, 1985 City Council meeting for 30 days contingent upon clarification of the investigation report regarding the length of tenure of the present restaurant manager. 11. Public Hearing (8:00 p.m.) a. Public Hearing for Water Main Improvement Project No. 1985 -04 and Street Improvement Project No. 1985 -05 (Lyndale Avenue Improvements between 53rd and 57th Avenues) CITY COUNCIL AGENDA -2- March 11, 1985 Notice of the Hearing has been published in the official paper and all property owners have been notified by mail. 1. Resolution Ordering Water Main Improvement Project No. 1985 -04 and Street Improvement Project No. 1985 -05 2. Resolution Ordering Sidewalk Improvement Project No. 1985 -06 3. Resolution Approving Plans and Specifications for Lyndale Avenue Improvement Projects No. 1985- 04,1985 -05, and 1985 -06 and Directing Advertisement for Bids (Contract 1985 -F) 12. Discussion Items: a. Staff Report on Sale of Cable Television Franchise -The staff will be prepared to report on this item at the Council meeting. *13. Licenses 14. Adjournment PROCLAMATION WHEREAS, in 1952, an event was inaugurated by Christian leadership groups in the United States Senate and the House of Representatives; and WHEREAS, the Annual Presidential Prayer Breakfast has become a time for the rededication of the individual and the Nation to God; and WHEREAS, a voluntary committee of concerned citizens have joined together to stage the Annual Brooklyn Center Mayor's Prayer Breakfast on Saturday, April 20, 1985, at the Holiday Inn for a similar rededication of local community leaders and business representatives and our City to high Judeo- Christian ideals; and WHEREAS, a devoted Christian, Jeff Siemon, former Viking star, has consented to be the featured speaker for this event; NOW BE IT HEREBY PROCLAIMED by the Brooklyn Center City Council that Saturday, April 20, 1985, be designated as "A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER" calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self evident; that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men...." AUTHORIZED by the Brooklyn Center City Council this day of , 1985. DEAN A. NYQUIST, MAYOR' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -C (LIQUOR STORE PROJECT NO. 1985 -03) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1985 -03, bids were received, opened, and tabulated b the e City Clerk and Engineer, on the 7th day of March, 1984. Said bids were as follows: Bidder Base Bid Alt. 1 Alt 2 Alt. 3 The Fendler Co. $116,400.00 $11,800.00 $ 6,300.00 $4,265.00 Robbie Const. 121,945.00 8,869.00 4,270.00 3,920.00 Morcon Const. 125,497.00 10,300.00 5,400.00 4,000.00 Nordling Const. 130,774.00 10,897.00 10,634.00 4,480.00 Phillips Klein Co. 132,300.00 11,300.00 6,200.00 4,440.00 George W. Olsen 134,479.00 11,428.00 7,252.00 4,149.00 David N. Volkmann 136,934.00 16,155.00 14,252.0.0 4,312.00 Michael Const. 136,977.00 11,620.00 5,844.00 4,688.00 Steenberg- Henkel 138,450.00 11,500.00 8,900.00 4,300.00 D.N.R. Const. 140,590.00 15,579.00 8,048 00 4,112.00 Gladstone Const. 141,430.00 11,300.00 6,100.00 4,340.00 Cottonwood Const. 142,948.00 11,978.00 8,890.00 4,150.00 McDonnel Const. 148,900.00 16,390.00 6,500.00 4,950.00 Falls & Nyhusmoen 151,730.00 12,090.00 13,112.00 4,520.00 Landborg Brothers 155,715.00 11,476.00 14,915.00 3,920.00 Maertens -B e r nn 163 600.00 15 850.00 0 Y � 5,9 0.00. 4,000.00 Kloster Madsen Inc. 168,300.00 12,500.00 8,500.00 4,300.00 Perry Const. 192,432.00 18,900.00 16,600.00 4,200.00 WHEREAS it a that. The Fen pp ndl r Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. Subject to the City obtaining title and possession of the property on which this improvement is proposed to be made, the Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $134,500 (for Base Bid, Alternate 1 and Alternate 2) with The Fendler Company in the name of the City of Brooklyn Center, for Improvement Project No. 1985 -03 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. RESOLUTION N0. BE IT FURTHER RESOLVED that: 1. The estimated cost of Improvement Project No. 1985 -03 is hereby amended according to the following schedule: As Bid Contract Cost $134,500 Contingency for Landscaping' 3,000 Engineering Cost Consultant 14,500 Administration 1.380 TOTAL $153,380 2. Accounting for Improvement Project No. 1985 -03 will be done in Division 91 of the Liquor Store Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY Z:j OF 6301 SHINGLE CREEK PARKWAY B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: March 8, 1985 RE: Bids for Remodeling of Liquor Store No. 1 (former 7 -11 Store) On March 7, 1985 18 bids were received and opened for remodeling of Liquor Store No. l according to plans and specifications as prepared by architect Bob Pierce. Bid items were established as follows: Base Bid - includes all basic work to enlarge and remodel the building, to install a new metal fascia on the South and East sides of the building, to stain the existing cedar shake "mansard" fascia on the North and West sides of the building to match the new metal fascia, to do minimum repairs in the driveway /parking areas and to install one light standard in the South parking lot. Alternate 1 - includes remodeling the driveway /parking area - to provide parking for 30 cars (instead of the 25 spaces provided under the Base bid), to reconstruct the East driveway to eliminate the severe grade problem, to overlay the entire driveway /parking area, and to install another lighting standard in the East parking lot. Alternate 2 - provides for replacement of the existing cedar shake "mansard" fascia on the North and West sides with a new metal fascia matching the other two sides (thereby assuring total uniformity of appearance on all four sides). Alternate 3 - provides for installation of two advertising sign boards on the outside of the building. Because neither the City of Brooklyn Center nor Architect Pierce have any previous experience with the low bidder (The Fendler Company) we asked Mr. Pierce to check their references. Mr. Pierce reports that he has received excellent reports on their work from several of their clients, including Towle Realty and Fairview Hospital. .., Jlse Sa�srcetli.cg �l ane L� .. March 8, 1985 Page 2 Also, because most of the bids received were considerably higher than the low bid (and second low bid), Mr. Pierce requested them to review their proposal. After consideration, The Fendler Company advised Mr. Pierce that they "are comfortable" in proceeding with the contract at their bid price. After review of all bids, we recommend award of the contract (including Base Bid, Alternate 1 and Alternate 2) to The Fendler Company, at a total contract cost of $134,SOO. Liquor Store Manager Jerry Olson recommends that Alternate 3 not be included into the contract award because he feels this work can be done later, at a lower cost, if it is determined to be needed. This contract does not include landscaping. However, a separate,landscaping contract will be awarded later. Adequate funding for this work is available within the project budget. One final note: The attached resolution provides for award of the contract to the low bidder subject to the City's obtaining title and possession of the property. We are reviewing this question with our attornies at this time. In the event this causes any concern, we may instead recommend that the Council table consid- eration of the award until their March 25 meeting. Our specifications allow the City to "hold" bids for 30 days after the bid opening date. Respectfully submitted, SK: j �J Member introduced the following resolution and r ] b moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET TRANSFERRING FUNDS FROM COUNCIL CONTINGENCY FUND TO FIRE DEPARTMENT AUTOMOTIVE EQUIPMENT REPAIR ACCOUNT AND AUTHORIZING THE REPAIR OF FIRE DEPARTMENT AERIAL LADDER WHEREAS, the Fire Department's American LaFrance Aerial Ladder has been inspected by Underwriter's Laboratories Inc. of Northbrook Illinois in accordance with NFPA standard 1904; and WHEREAS, the inspection of the aerial ladder determined that certain repairs were needed to meet or pass the Underwriter's Laboratories Inc. test; and WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any other kind of construction work by informal quotations when the amount of such contract is $14,999 or less; and WHEREAS, the City's purchasing policy requires the City Council to award contracts for purchases between $5,000 and $14,999; and WHEREAS, the following quotations were obtained for the repair of the American LaFrance Aerial Ladder: American LaFrance $21,677.75 Truck Utilities and Manufacturing Inc. $14,090.00; and WHEREAS, the City Manager has determined that the quotation from Truck Utilities and Manufacturing in the amount of $14,090.00 is the best quotation received from a responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. Increase the. Fire Department Automotive Equipment Repair account (01- 4381- 000 -32) by $14,090 for the repair of the American LaFrance Aerial Ladder. 2. Reduce the Council Contingency appropriation (account #4995) in the Unallocated Departmental Expenses Budget by $14,090.00. 3. Authorize the City Manager to contract for the repair of the American LaFrance Aerial Ladder in the amount of $14,090 from Truck Utilities and Manufacturing Inc. 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 B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE -FIRE 561 -5720 TO: JERRY SPLINTER - CITY MANAGER FROM: RON BOMAN - FIRE CHIEF SUBJECT: AMERICAN LA FRANCE AERIAL LADDER DATE: MARCH 1, 1985 In 1984 I had the American La France Aerial Ladder inspected by Underwriters Laboratories, Inc. of Northbrook, Illinois in accordance with NFPA Standard 1904, regarding aerial ladder inspections. During the inspection, numerous defects were found in the aerial device. These included leakage in the hydraulic system, some drift in the hydraulic cylinders, damanged ladder rungs, a twist in the ladder, and numerous welds on the aerial ladder that do not meet or pass the Under- writers Laboratories, Inc. test. I contacted American La France and spoke with both the Presi- dent and Vice President of the company as I felt some of the repair costs should be absorbed by American La France. After numerous conversations with Mr. Glenn Decker, National Service Manager at American La France, he stated that American La France has taken the position that this was normal wear and tear and thus, would not bear any of the repair costs. I disagreed with this decision and spoke with them at great length and informed them that we would not ,purchase any additional equipment from them in the future; however, this seemed to make no difference. We have received two bids for the repair of the aerial ladder; one from American La France, and one from Truck Utilities and Mfg., Inc. of St. Paul, Minnesota. The bids are as follows: American La France $21,677.75 Truck Utilities & Mfg., Inc. 14;090.00 ,•0 74 .Sosuethi rg nZ are j?i 1V ., i Page 2 March 1, 1985 It is my recommendation that we have Truck Utilities and Mfg. do the repair on the aerial ladder. I have talked with other fire departments that have used them and they are well pleased with the labor and workmanship that was done on their equipment. We would also save additional expenses that would be involved in delivery And pick -up of the truck in Chicago. I would like to see this presented to the Council as soon as possible, as Truck Utilities has informed us that they could do the repairs on our aerial in April of 1985. I feel this is very important as we are not able to use the ladder due to the problems with it. As I have not budgeted for these repairs, I recommend that the monies be taken from the Contingency Fund. If any other problems not covered in the estimate are found, the Fire Department will be notified before any repairs are started. R.B. / Attachments OF F< < CUSTOMER SERVICE December 17, 1984 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attention: Chief Ronald Boman Dear Chief Boman: I have reviewed the Ladder Test Report that was sent to our President, Mr. Clarke. Most of the deficiencies listed in the report are maintenance items; i.e., numerous oil leaks, torquing of bolts, damaged controls, missing rung covers, etc. The damage to the butt section rungs appears to be caused by ladder locks being out of adjustment at some point in time. The "ironing' of the base rails is a result of roller adjustment or rollers not turning freely. American LaFrance has agreed to repair the welds at No Charge to the City of Brooklyn Center. The other defects mentioned above were not present on Delivery. Therefore, we feel our quotation to repair these items is justified. Very truly yours, AMER�CAN LaFRANCE Glenn A. Decker National Service Manager GAD:sw c.c. P. Clarke W. Kasper .N. Stuempges 1051 South Main St., P.O. Box 1 508, Elmira, New York 14902 -1508 FIGGIE 607 -734 -8181 Telex #932 -475 INTERNATIONAL OF AM ERICAN L►NCRA CE CUSTOMER SERVICE September 13, 1984 Mr. Bob Cahlander Re: American La France Brooklyn Center Fire Department Waterchief 6844 Shingle Creek Pkwy Reg# 6714 Brooklyn Center, Minnesota 55430 UL Report 84FES43 Dear Mr. Cahlander: The following is American La France's proposal for the ladder repair of your American La France apparatus Register No. 6714. LADDER AND LADDER HYDRAULICS We will remove the ladder from your apparatus and return it to the factory in Elmira, New York. The rebuilding of the ladder will be totally controlled by the factory and at their option. Should the ladder be such that the factory cannot safely rebuild one or more sections, we will advise you before proceeding. The rebuilding of your existing ladder will include the following: Remove the ladder from the apparatus, ship to the factory for rebuilding. Install new rollers and slides. Properly adjust all rollers, cables and ladder locks on the ladder. Check and adjust all ladder bed supports. Check and adjust or repair ladder bedlock assembly. Repair aerial ladder twist. Repair ladder base rails. 1 390 East Irving Park Road, Wood Dale, Illinois 60191 /312- 595 -x'060 AFKM NTEFNA TK)NAL cxMwwro American LaFrance engineering will inspect and advise as to proper repair or acceptance of base rail minimum tolerance. All damaged or missing rung covers will be replaced. All damaged rungs will be repared or replaced. Reinstall the ladder on your apparatus., All weldments on the aerial ladder questioned by UL will be brought up to current day standards. Aerial ladder twist will be corrected with -in manufacturing limits. Turntable hydraulic oil leak will be repaired. Left outrigger control hydraulic leak will be repaired. Both left and right elevation lift cylinders will be rebuilt. Should the condition of the lift cylinder bore or piston be such that they cannot be rebuilt and return the drift to within manufacturing standards it would then be necessary to replace piston or or cylinder or both you will be advised. The replacement of the piston and /or cylinder is not included in this bid price. Hydraulic relief pressure will be adjusted to manufacturing specifications. Retorque rotation gear reduction box mounting bolts. Repair hydraulic swivel oil leak. Repair hydraulic control valve leak. Repair power take -off transmission leak. Repair hydraulic pump oil leak. Repair turntable pedistal hydraulic oil leak. Repair damaged operator control. Return hydraulic control pressure to original manufactures specifications. Repair extension motor hydraulic oil leak. 2 All hydraulic leaks have been bid accepting the fact they can be repaired using seals and gasket kits with replacement hose and hose fittings. TOTAL PARTS AND LABOR $20,297..00 The following options are available to you at this time. The prices quoted are only valid if they are done at the same time as the rest of the repower /refurbish work. ELECTRIC LADDER LOCKS American LaFrance has designed and engineered electric ladder locks which we would like to offer you as an optional install - ation on your aerial ladder while the other repairs are being made. The electrical ladder locks would operate on the third section of your ladder employing both sets of locks, one set for the fly section and the other set for the second section. Some modification will be completed on the butt section ladder locks, however they will remain cable operated. h This option is an additional cost of $1,189.00 to the bid price LADDER SLIDES American LaFrance has designed and engineered a set of ladder slides that would replace the rollers in your ladder. We would like to offer you the replacement slide kit in place of the rollers at this time. This option is an additional cost of $1,330.00 to the bid, price. WATER CHIEF NOZZLE DRIVE MODIFICATION American LaFrance has designed and engineered a Water Chief nozzle chain drive to replace the hydraulic system presently on your equipment. This option is an additional cost of $1,380.75 to the bid price. FIRE PUMP MASTER DRAIN —� American LaFrance has a new designed fire pump master drain. It is a single arm master drain. This drain carries a cost of $582.00 not installed. Order part number 499 1200061 The workmanship in the rebuilding and /or repower of your fire apparatus will be of the highest quality available to the Fire Industry. All work will be completed in a standard workmanship like manner, according to accepted practices. Any alterations 3 or deviations from the above specifications requiring extra costs will be executed only upon written orders and will become an 4 extra charge over and above the bid price. American La France warrants service completed on y ou ap paratus P Y , as follows: All parts installed during the service function are fully warranteed for one year, labor is warranteed for 90 days. This warranty covers manufacturing defects in both labor and material and does not cover items damaged as a result of abuse or negligence. This quote is valid for 30 days, at which time it will have to be reviewed for any price increases. We must have your purchase order or authorization in writing before we can begin ordering parts. Time required to complete this job is approximately 90 days after we have received the parts in Wood Dale, Illinois. Lead time for most manufactured parts is approximately 90 days. All parts removed become the property of American La France and any trade- in value has been taken into consideration and has been deducted from the installed price. Terms of payment are: Payment in full upon completion and acceptance of the apparatus at American La France Service Center, Wood Dale Illinois. The City of Brooklyn Center, Minnesota is responsible for _delivery and pickup of the apparatus at American La France, Wood Dale, Illinois. Thank you for this opportunity to serve the City of Brooklyn Center, Minnesota. V y truly your G William J. p r��/ Midwest R onal Manager WJK /css cc Glenn Decker 4 CK UTILITIES M Truck Utilities & Mfg L Q `0 484.3305 fr ;•; S Q 2370 ENGLISH - CORNER OF HIGHWAY 36 - SAINT PAUL, MINNESOTA 55109 pA V�, MINN. v DATE: 2 -15 -85 CUSTOMER REF.: Brooklyn Center Fire Dept. TERMS: Net 10 days 6844 Shingle Creek Parkway QUOTE VALID FOR: 60 days Brooklyn Center, MN 55430 F.O.B. POINT: Our Plant DELIVERY: Attn: Bob Cahlander TELEPHONE: 561 - 5440 L CONTRACT: IN RESPONSE TO YOUR INQUIRY, WE SUBMIT THE FOLLOWING PRICE PROPOSAL:' DESCRIPTIO REPAIRS TO 100' AERIAL LADDER 1. Retorque mounting bolts on reduction box. 2. Repair hydraulic leak at main swivel. 3. Repair hydraulic leak at top control valve. 4. Repair elevation lock as needed. S. Remove PTO and reseal unit and reinstall. 6. Repair hydraulic leak at pump. 7. Remove boom cylinders and send out for repair. Reinstall cylinders after repairs. 8. Adjust relief valves to proper pressure settings 9. Repair hydraulic leak at extension motor. 10. Disassemble ladder section. 11. Sandblast ladder sections. 12. Repair all cracked welds in ladder. 13. Build up base rail of 3rd section, if possible. 14. Replace all damaged rollers, approximately 6 sets: 15. Repair damaged rungs. 16. Primer and repaint ladder section acrylic enamel: 17. Reinstall ladder onto truck. 18. Replace damaged rung covers. 19. Replace hydraulic oil filters by pump. "I WISH TO SUBMIT MY ORDER BASED UPON THE ABOVE PRICES, TRUCK UTILITIES AND CIFICATIONS AND TERMS." MANUFACTURING CO. ACCEPTED BY BY /� Z�� DAT P.O. NUMBE CUSTOMER COPY JcK UTILITIES MSC Truck Ut Mfg. Inc. 484 -3305 2370 ENGLISH - CORNER OF HIGHWAY 36 - SAINT PAUL, MINNESOTA 55109 pq �l, • ..MINN• � 0 DATE: CUSTOMER REF.: TERMS: Brooklyn Center Fire Dept. QUOTE VALID FOR: F.O.B. POINT: (Page 2) DELIVERY: TELEPHONE: CONTRACT: IN RESPONSE TO YOUR INQUIRY, WE SUBMIT THE FOLLOWING PRICE PROPOSAL: DESC SUBLET WORK: 20. Cylinder City Install furnished packing kits ..........$ 500.00 21. Have A.T.C. do function tests and safety test ........... $ 650.00 SUBRr j,AL : ............. ............... .....................$ OPTION Modify water nozzle to hydraulic operated rotation, Replace seals ........... ............................ ADD ....$ 655.00 OPTION Paint ladder sections with Imeron Paint .............. ADD ....$ 650.00 TOTAL ...... ............................... ................. * NOTE : After unit is disassembled, if any twists or bows are found in ladders, you will be contacted before repairs are started. If any other problems not covered in estimate are found, you will be contacted before repairs are started. "I WISH TO SUBMIT MY ORDER BASED UPON THE ABOVE PRICES, TRUCK UTILITIES AND I C FICATIONS AND TERMS." MANUFACTURING CO. ACCEPTED BY BY DAT P.O. NUMBE Rod Fleischauer CUSTOMER COPY MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 28, 1985 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, Nancy Manson, Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, Administrative Assistant Brad Hoffman and Planner Gary Shallcross. APPROVAL OF MINUTES - February 14, 1985 The Secretary noted that the spelling of Mrs. WykrentIs name on page 6 was incorrect and offered the correct spelling. Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the February 14, 1985 Planning Commission meeting as corrected. Voting in favor Chairman Lucht, Commissioners Malecki, Sandstrom and Bernards. Voting against: none. Not voting: Commissioners Manson and Ainas. The motion passed. APPLICATION NO. 85002 (Target) There was a motion by Commissioner Ainas seconded by Commissioner Manson to remove Application No. 85002 from the table. The motion passed unanimously. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing on Application No. 85002 which had been continued at the February 14, 1985 Planning Commission meeting. The motion passed uananimously. ACKNOWLEDGE WITHDRAWAL OF APPLICATION NO. 85002 (Target) Motion by Commissioner Manson seconded by Commissioner Sandstrom to acknowledge withdrawal of Application No. 85002 on the basis of a letter received from Tom Bonneville of Target stating no interest in pursuing the application. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. DISCUSSION ITEM Tax Increment Financing District in the Earle Brown Farm Area The Secretary then introduced a discussion item regarding a proposed tax increment financing district to be established over the commercial area south of the freeway and north of County Road 10 including the Northbrook Shopping Center and Plitt Theater site. The Secretary explained that the primary purpose for establishing the district was to acquire and preserve the Earle Brown Farm site. He added that there would be some public improvements to the district including streetscape improvements. The Secretary also stated that consideration has been given to possible high -rise senior housing in the area of the Earle Brown Farm. He noted that such a housing proposal would require rezoning of land and an amendment to the 2 -28 -85 -1- City's Comprehensive Plan. He stated that there has been no commitment as to the eventual reuse of the Farm site at this time. He stated that the staff was flexible on what type of development would be best in conjunction with rehabilitation of the Farm and was looking for a reaction from the Planning Commission as to what types of development to specifically avoid. Administrative Assistant Brad Hoffman then explained at some length the purpose for the tax increment financing district and basically how it would work. He stated that the Earle Brown Farm is the driving force behind the tax increment district. He explained that, in a tax increment financing district, the tax revenues raised from within the district would be frozen in future years and any new development or increase in taxes because of inflation would be dedicated to paying off improvements that were part of the tax increment plan. He explained that the main cost within the district would be the acquisition and rehabilitation of the Earle Brown Farm. He explained that the City is now in a good position to acquire the Farm since the owner is willing to sell the property. He also pointed out that a committee has been established to look at potential uses for the Farm complex. Meanwhile, he explained, the staff are looking at how to finance the improvements proposed in the tax increment plan. Mr. Hoffman explained that the acquisition of the Farm would probably cost about $2,000,000 and that the restoration of the Farm would cost another $2,000,000. He stated that one possible reuse of the Farm buildings was a senior center with a number of services offered to elderly residents available within the Farm complex. He also stated that there would be improvements to the area in the form of sidewalks, decorative lighting, etc. Mr. Hoffman also stated that a low interest loan fund for rehabilitating deteriorating structures such as the Northbrook Shopping Center could be financed out of the tax increment district. He added, finally, that a vacant parcel of land south of the library site is in need of substantial soil correction before it can be built on and that that soil correction might be financed by the tax increment revenues. Mr. Hoffman then briefly reviewed the time schedule that was being pursued. He stated that the district should be certified by April 22, 1985 in order to capture the increment from the high -rise office building at the corner of Shingle Creek Parkway and Summit Drive. He stated that a tax increment financing plan was being developed on the assumption that the City Council would approve the district and acquisition of the property could be concluded at an appropriate time. Mr. Hoffman noted that the proposed tax increment financing district lies entirely within the Brooklyn Center School District and that there would be a definite impact on the district's revenues. He stated that the City was considering a compromise with the School District whereby less than the total increment would be captured and some additional revenue would go to the school district. Chairman Lucht asked how long the district would last. Mr. Hoffman responded that, under law, it could be discontinued at any time, but that it could also be in place for 25 years. He stated that staff do not anticipate that the district will be in place any longer than necessary. He explained that when the improvements are paid for, through increment revenues, the district would be dissolved. Commissioner Sandstrom asked why it was so important to save the Earle Brown Farm. Mr. Hoffman responded that that was a good question. He noted that the tax increment plan would be a definite burden, but noted that a survey of area residents 2 -28 -85 -2- shows that 67% of Brooklyn Center residents favor spending tax dollars to preserve the Earle Brown Farm. Commissioner Sandstrom asked why the owner of the Farm was getting top dollar for his property. Mr. Hoffman stated that the price being negotiated was actually at the lower end of the range between two appraisals of the property and did not constitute top dollar. In response to the concern over why the Farm should be preserved, the Secretary pointed out that the Earle Brown Farm is designated as a historic site by the Minnesota Register of Historic Places. He also noted that State law allows for a suit to be filed to prevent any demolition or change to a historic site. He also stated that the Farm is generally considered by the community to be a resource that, once destroyed, cannot be restored. He also stated that preservation of the Farm is a goal of the Comprehensive Plan. The Secretary further explained that the actual historic site is basically contiguous with the fence around a number of the Farm buildings. He stated that staff are assuming there is a public interest in preserving the Farm. In response to another question from Commissioner Sandstrom, the Secretary discussed some of the possible improvements that would be pursued as part of the tax increment plan and noted that there was possible redevelopment of the Plitt Theater site south of County Road 10. Mr. Hoffman added that there was a need for improvement to the Summit Drive exit from Highway 100 and to the John Martin Drive bridge over Highway 100. Chairman Lucht asked what kind of incentives there would be for private developers. Mr. Hoffman responded that there are many options that could be pursued with tax increment revenue. He stated that the one that is being considered at this time is low interest loans f or rehabilitation of deteriorating structures. Chairman Lucht asked how any redevelopment and rehabilitation accomplished within the tax r increment district .. would relate to a general redevelopment Pm policy. He asked if condemnation would be used if necessary. Mr. Hoffman stated that he did not see condemnation as an option in the present case, but that it was always a possibility in future redevelopment projects. Commissioner Ainas noted the possible need to include the block between Logan and Knox, north of 58th Avenue North. There was a brief discussion as to whether this would be beneficial or not. Commissioner Sandstrom asked whether redevelopment of the Farm would be by the City or the private sector. Mr. Hoffman answered that the City would acquire and, in all likelihood, own the Farm complex itself. The Secretary further explained that the City would not be acquiring other property in the district. Commissioner Bernards then discussed his past relationship to the Earle Brown Farm. He stated that the Brooklyn Center School District had been financially strapped for many years and that the homeowners in the district had born the financial burden with little or no help from Earle Brown and the property he owned. He pointed out that the burden of the tax increment district would fall more heavily on the Brooklyn Center School District than on other portions of the City. He stated that he personally did not have much honor for Earle Brown and didn't see a great public need to preserve the Farm. He asked who was pushing for the preservation of the Farm and what would be the costs of the tax increment district on the School District. The Secretary stated that he thought Commissioner Bernards comments were good. He noted that, under the fiscal disparities law, both the City and the School District were losers of revenue. He stated that that revenue would not be lost under a tax increment district. Mr. Hoffman also explained that some federal financing in the form of community development block grant monies was available for acquiring the Farm property. 2 -28 -85 -3- V Chairman Lucht asked whether the Farm would ever return to the tax rolls if it was acquired by the City. Mr. Hoffman responded that that was not yet known. He reviewed some possible uses that might go into the Farm complex, some of which would generate tax revenue and some of which would not. He stressed that the City was not yet locked in on what type of development should go into the Earle Brown Farm. Commissioner Bernards asked what the significance of the new office building and Target would be to the district. Mr. Hoffman explained that the value of those developments would be captured in the tax increment district if the district were certified by April 22, 1985. Chairman Lucht asked what the increment on the office building would be in terms of taxes. Mr. Hoffman responded that it would be approximately $250,000. Commissioner Bernards asked whether a compromise on the disbursement of tax increment revenues would be legal. Mr. Hoffman responded in the affirmative explaining that not all of the increment revenues had to be dedicated to the district improvements, but that some could be returned to the taxing entities. Commissioner Ainas pointed out that, in his contacts with developers, they always ask whether tax increment financing is available. Mr. Hoffman acknowledged this, but inted out that t the only properties Y Y erties that would definitely be affected b the P district would be the Farm site and the R7 property to the south of the Hennepin County Library. There followed a discussion as to the relative burdens of the propsed tax increment district. Chairman Lucht pointed out that taxes on other property in the community would rise as a result of the increment being drawn off for this project. The Planner noted, however, that the burden of the tax increment district would fall much more heavily on the Brooklyn Center School District which receives more than half of the property taxes paid by property owners in the district. Commissioner Nelson asked what the affect of the tax increment district would be on existing developments such as Burger Brothers. Mr. Hoffman stated that their tax rates would stay essentially the same and that there would be no real effect on existing developments. Commissioner Nelson asked about the need to cap expenditures for the district and end the district when those projects were completed. Mr. Hoffman stated that the projects would be set forth in the tax increment financing plan and that that plan would have to be amended in order to extend the district any longer than necessary to pay off those improvements. The Secretary asked the Commission whether they had any problem with the projects discussed by the staff. Commissioner Nelson stated that he had no problem with the acquisition of the Farm or its restoration and redevelopment of other property, but stated that traffic corrections and other improvements should be financed through special assessments. The Secretary noted that benefit had to be shown to abutting properties for a special assessment to be levied. He noted that some of the improvements probably would not be considered a benefit by abutting properties. The Planner added that tax increment financing district revenues would - be considered the same as general property tax revenues; that is, they would be the last resort. e stated that e H s at other financing ools such as special g assessments and state aid monies or federal grants would be used up first and that tax increment revenues would be the last resource tapped. He added that, by minimizing the tax increment financing, increment generated within the district would a off the g u g pay improvements that much quicker. 2 -28 -85 -4- ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:03 p.m. airman 2 -28 -85 -5- Memorandum TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspect on Z t� DATE: March 8, 1985 SUBJECT: Planning Commission Application No. 85004 (Cathy Rausch) The City Council on February 25, 1985 tabled Planning Commission Application No. 85004 involving Cathy Rausch's request for a special use permit to conduct a home occupation /beauty shop with a nonresident employee at 3000 63rd Avenue North. Attached is a copy of pages 5 through 8 of the February 14, 1985 Planning Commission minutes containing the Commission's recommendation regarding this application. The City Council decided to prohibit any on- street parking related to this home occupation and also decided to allow a part -time nonresident employee for only 18 months at which time Mrs. Rausch's application would be re- reviewed by the City Council for the purpose of eliminating this employee provision and also, for the purpose of cutting back on the hours of operation. Mrs. Rausch requested the Council to table this application so she could review these restrictions further. Mrs. Rausch contacted our office on February 27, 1985 and stated that she would like to proceed with the application and could accept the 18 month limitation on the nonresident employee. Based on this understanding, the following conditions are recommended for the City Council's consideratioon with this application: I. 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. A current copy of the applicant's State operator's license shall be kept on file with the City. 4. The home occupation shall be conducted on an appointment only basis. The hours of operation shall be: 9:00 a.m. to 5:00 p.m., Wednesday and Thursday; 9:00 a.m. to 8:00 p.m., Tuesday and Friday; and 9:00 a.m. to 2:00 p.m., Saturday. 5. The special use permit approval authorizes one, part - time, nonresident employee . working in the..beauty shop for a period not to exceed 18 months following the issuance of the special use permit. 6. The special use permit approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. Memo Page 2 March 8, 1985 i 7. The existing driveway off Xerxes Avenue North shall be widened to 26' with a throat on Xerxes Avenue North of approximately 22'. No removal of curb or improvement within the Xerxes Avenue North boulevard shall be commenced prior to approval by the City Engineer. 8. Special use permit approval acknowledges the use for the home beauty shop of an existing 11' x 28' family room. No greater area within the home for the home occupation is comprehended by this approval. 9. The premises shall be inspected by the Building Official and any structural alterations recommended by him shall be completed prior to the issuance of the special use permit. 10. A 10 lb. fire extinguisher shall be placed within the home beauty shop area. 11. This application shall be brought back before the City Council within 18 months after its issuance for the purpose of elimi- nating the provision for a nonresident employee and to reduce the number of hours authorized in Condition No. 4 above. mlg APPLICATION NO. 85004 (Cathy Rausch) The Secretary then introduced the next item of business, a request for special use permit approval to conduct a home beauty shop with one non- resident employee in the existing family of the residence at 3000 63rd Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85004 attached). The Secretary noted that a previous home beauty shop with a part -time nonresident employee was approved in the past, but this was before on- street parking was allowed for home occupations. The Secretary also discussed other situations in which on- street parking has been allowed, primarily for group lessons. Commissioner Sandstrom noted that it was possible for three cars to be parked on 63rd Avenue North and noted that the conditions of approval would limit parking to two cars on 63rd Avenue North. The Secretary stated that on- street parking should be minimized, but that two additional spaces would probably be needed in addition to the three stalls that were possible on the lot. Further discussion ensued regarding the need for parking and the location of parking with respect to the home occupation. Chairman Lucht then asked the applicant whether she had anything to add. The applicant's husband, Mr. Duane Rausch, submitted a scaled drawing to the Planning Commission that provided for five cars to be parked on the site in addition to the garage. Chairman Lucht asked Mr. Rausch whether they were interested in on- street parking at all. Mr. Rausch answered in the negative, stating that he felt all parking could be handled on -site. 2- 1.4 -85 -5- Commissioner Malecki asked Mrs. Rausch whether she had a beauty shop at present. Mr. Rausch answered in the affirmative. There followed a brief discussion regarding the traffic to the site. Mrs. Rausch stated that the addition of an employee created only about one extra car per hour. The Secretary asked how many cars were generated when she worked by herself. Mr. Rausch answered that there would generally be two cars present at a time. The Secretary stated, upon looking at the submitted scaled site plan, that he did not think five stalls could be accommodated on the site because of greenstrip requirements on private property. PUBLIC HEARING (Application No. 85004) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mrs. Loretto Wykrent of 3006 63rd Avenue North expressed a number of concerns She stated that she was concerned about parking on 63rd because no one parks close to the intersection, fearing that they will be hit by cars coming around the corner. She stated that she was afraid they would park in front of her house. She also expressed concerns regarding odors from permanent treatments, conversion of the area to commercial, and interference on her TV from the hair dryers. Mrs. Rausch stated that the State Board of Cosmotology requires doors and windows to be shut when haircutting and permanents are being done. She stated that the State would not allow customers to be exposed to chemicals that would be of any harm to neighbors. She also stated that the ventilation of the beauty shop would be adequate. She noted that the home has central air. Chairman Lucht asked whether anyone present wished to speak regarding the application. No one addressed the Commission. Chairman Lucht, therefore, called for a motion to close the public hearing. Motion by Commissioner Nelson seconded by Commissioner Sandstrom to close the public hearing. Chairman Lucht asked the applicant if she could manage the operation without any on- street parking. Mrs. Rausch answered that she could perhaps handle it through scheduling certain types of appointments together so that there would never be more than three cars coming to the property at one time. There followed a discussion regarding how the parking arrangement might work. Mrs. Rausch concluded that she would need at least one on- street parking stall if she had a part -time employee. The Planner discussed with the Planning Commission briefly the considerations in the ordinance for allowing on- street parking. He stated that they basically relate to such parking not infringing on the rights of other residents in the area to have visitors park on- street and generally with respect to the residential character of the neighborhood. He noted that, in this case, the parking could be accommodated in front of the applicant's property and that it was a fairly busy area to begin with. The Secretary suggested that the Commission, first of all, decide whether to allow any on- street parking at all and then to look at the nature of the proposed home occupation. 2 -14 -85 -6- Commissioner Sandstrom stated that the applicant has the same right to have a client park on the street as a neighbor has the right for a visitor to park on- street. Commissioner Malecki suggested that perhaps the condition should be changed to allow only one on- street parking stall since that was all that seemed to be absolutely necessary. Commissioner Nelson stated that he had no problem with on street parking. Commissioner Bernards, on the other hand, stated that he objected to customer parking on 63rd Avenue North and related his own experience with a home occupation that had significant on- street parking. There followed a brief discussion of limiting the on street parking to one stall. The majority of the Commission generally agreed that this would be an acceptable solution. There then followed a discussion whether the home occupation was incidental to the residential use of the property. Commissioner Sandstrom stated that he felt the size of the room being used was incidental to the larger home. Commissioner Malecki expressed uncertainty regarding the matter. Commissioner Nelson agreed that it was incidental. Commissioner Bernards stated that he had no objection to a second employee. Chairman Lucht stated that he did not want to see a commercial endeavor created on the corner that would change the character of the neighborhood. Regarding concerns over motors and noise, the Secretary stated that the special use permit would be issued subject to compliance with codes, ordinances and regulations including these areas. He stated that any complaints regarding odor could be reviewed as nuisance complaints. Chairman Lucht then olled the Commission regarding their feeling P g g g about the hours of operation, as to whether they constituted an incidental use of the property. No Commissioner voiced any objection to the proposed hours. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85004 (Cathy Rausch) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend approval of Application No. 85004, 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. A current copy of the applicant's state operator's license shall be kept on file with the City. 4. The hours of operation shall be: 9:00 a.m. to 5:00 p.m. , Wednesday and Thursday; 9:00 a.m. to 8:00 p.m. , Tuesday and Friday; and 9 :00 a.m. to 2:00 p.m., Saturday. The home occupation shall be conducted on an appointment only basis. 2 -14 -85 -7- 5. Special Use Permit approval acknowledges one, part- time, non - resident employee working in the beauty shop. 6. Special Use Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Special Use Permit approval acknowledges on- street parking of not more than one customer vehicle on 63rd Avenue North only. 8. The existing driveway off Xerxes Avenue North shall be widened to 26' with a throat on Xerxes Avenue North of approximately 22 No removal of curb or improvement within the Xerxes Avenue North boulevard shall be commenced prior to approval by the City Engineer. 9. Special Use,Permit approval acknowledges the use for the home beauty shop of an existing 11' x 28' family room. No greater area within the home for the home occupation is comprehended by this approval. 10. The premises shall be inspected by the Building Official and any structural alterations recommended by him shall be completed prior to the issuance of the Special Use Permit. 11 A 10 lb. fire extinguisher shall be placed within the home beauty shop area. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom and Nelson. Voting against: Commissioner Bernards. The motion passed. Commissioner Bernards stated that he voted against the application because of his objection to on- street parking. Planning Commission Information Sheet Application No. 85004 Applicant: Cathy Rausch Location: 3000 63rd Avenue North Request: Special Use Permit /Home Occupation The applicant requests special use permit approval to operate a home beauty shop in the residence at 300063rd Avenue North (the northwest corner of 63rd and Xerxes Avenue North)._ The property in question is zoned R1 and is bounded on the east by Xerxes Avenue North, on the south by 63rd Avenue - North, and on the west and north by single- family residences. Home beauty shops are considered special home occupations and are, thus, subject to the Standards for Special use permits con- tained in Section 35 -220 (attached). The applicant has submitted a letter and site sketch (attached) explaining the proposed home occupation. She states that the hours of operation would be 9:00 a.m. to 5:00 p.m., Wednesday and Thursday; 9:00 a.m. to 8:00 p.m., Tuesday and Friday; and 9:00 a.m. to 2. :00 p.m. Saturday for approximately 40 hours per week. The home beauty shop would be on the main floor of the home in the existing family room on the west end of the house. This room measures 28'_x 11' (a total of 308 sq. ft.). It is basically a converted one -car garage. Customers will enter and exit via the rear (north) entrance. She states that parking is to be provided on the lot and that a sidewalk is to be installed leading from the parking area (by the new garage off Xerxes Avenue North) to a deck off the family room. Access to parking is to be off Xerxes Avenue North. Mrs. Rausch also states that there would be one part -time (20 hrs. per week) non - resident employee working with her. A sign within the limits (2.5 sq. ft.) of the Sign Ordinance would be placed at the corner of 63rd and Xerxes Avenues North. In response to the applicant's letter and sketch, staff have retr --eyed the latest site dr "awing of the property from a 1980 building permit for a deck. That site drawing shows the existing two -car garage to be set back 25' from 'Xerxes Avenue North rather than the presumed 35'. The existing driveway is 16' wide. From this site drawing, it would appear there will be less room for parking than depicted on the appli- cant's sketch. If a -15' "greenstrip" is required inside the property line, the existing 25' setback would allow only one parking stall to the north of the garage. If the applicant's cars are parked inside the garage, there would be room for two cars unobstructed on the driveway. It may be best to simply widen the existing driveway to 26' (with a narrower throat at the curbline if possible) and have three cars abreast since a car pulled onto a perpendicular parking space (parallel to the street) would be blocked by cars parking on the driveway. It appears, therefore, that the property cannot accom- modate more than three - cars unobstructed with certaih improvements . Staff would recommend that four parking spaces be assumed necessary for a two - operator shop. Parking is allowed on both 63rd Avenue North and on Xerxes Avenue North, but it would be preferable for such parking to be on 63rd Avenue North. Also, customers coming from the south may tend to park on 63rd rather than make a U -turn around the Xerxes median at O'Henry Road. On- street parking associated with a home occupation may only be authorized in consideration of the Standards for Special Use Permits and of the following: 2 -14 -85 -1- Application No. 85004 continued ~ a. The amount of the applicant's street frontage b. The rights of adjacent residents to park on the street C. Preservation of the residential character of the neighborhood. (from Section 35- 406.7) Staff do not feel there would be traffic congestion in the public streets if no parking were allowed on Xerxes Avenue North. The lot in question is 94.48' wide,providing plenty of room for two or even three cars to park on 63rd Avenue North in front of the applicant's property. No infringement should be made on the frontage of other residences. As to the residential character of this neighborhood, it should be noted that there are no nearby commercial establishments. Nevertheless, the lot in question is located at the intersection of two collector streets. Therefore, a higher -than- average level of traffic already exists. The Commission should pr•ob.ably weigh, during its public hearing process, the perceived impact of the proposed two - operator beauty shop on this neighborhood. It is staff's judgment that, if clients are properly educated as to parking options, this home occupation could function adequately at this location. However, the area devoted to the use and the fact that a part -- time non-resident employee will be engaged does make the proposed beauty shop more intense than the average home occupation. We do not, in any way, foresee the conversion of this intersection to a commercial mini- district. Strict conditions should, therefore, be applied to any approval the home occupation special use permit. As far as the special use standards not related to traffic and park- ing, staff do not feel that noise, odor, light, glare, etc. from the home beauty shop will diminish property values or impede the use of neighboring property. As proposed, the home beauty shop does live within the letter of the Zoning Ordinance. It is always a matter of collective judgment whether a home occupation is secondary and in- cidental to the residential use of the premises. The area of the house dedicated to the home occupation and the hours of operation make the beauty shop a secondary, but perhaps not an incidental use of the property. Nevertheless, there has been at least one case of a home beauty shop with a non- resident employee approved in the past. If the Planning Commission is disposed to recommend approval of the application, the following conditions are recommended: 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. A current copy of the applicant's state operator's license shall be kept on file with the City. 2 -14 -85 -2- Application No. 85004 continued 4. The hours of operation shall be: 9:00 a.m. to 5 :00 p.m., Wednesday and Thursday; 9:00 a.m. to 8:00 p.m., Tuesday and Friday; and 9:00 a.m. to 2:00 p.m., Saturday. 5. Special Use Permit approval acknowledges one, part - time, non - resident employee working in the beauty shop. 6. Special Use Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Special Use Permit approval acknowledges on- street parking of not more than two customer vehicles on 63rd Avenue North onl 8. The existing driveway off Xerxes Avenue North shall be widened to 26' with a throat on Xerxes Avenue North of approximately 22'. No removal of curb or improvement within the Xerxes Avenue North boulevard shall be commenced prior to approval by the City Engineer. 9. Special Use Permit approval acknowledges the use for the home beauty shop of an existing 11' x 28' family room. No greater area within the hone for the home occupation is comprehended by this approval. 10. The premises shall be inspected by the Building Official and any structural alterations recommended by him shall be completed prior to the issuance of the Special Use Permit. 11. A 10 lb. fire extinguisher shall be placed within the home beauty shop area. - - 2 14 85 -3- C) a' MEMORANDUM a TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: March 8, 1985 SUBJECT: Brookwood Rental License Brutgers, Inc. has requested the opportunity to address the Council and request approval of their rental license. To date, they have purchased back five (5) of the eight (8) units. They are currently negotiating with two (2) of the remaining three (3) with the third party refusing to discuss the matter with them. The question before the Council, apart from the license and any settlement with the remaining occupants, has to deal with the assurance the City has that the project remains elderly. By law, Brutger cannot enter into an agreement with a guarantee to discriminate on the basis age. In order to keep the building for the elderly, we need to amend the development contract with Brutger. The rental building has a clause that requires Brutger to reimburse the City the hard costs we have in each unit amortized over a ten (10) year period. I feel that such a sition makes it too easy to rent to those Po Y 0 outside the target group. The City has appxoimately $212,000 into the Condo building. I would recommend that the City require an amendment to our contract that would require Brutger to reimburse the City the full $212,000 should they rent to anyone outside the target (54 years plus or handicapped) group. Presently, they are required to reimburse the City $2,900 for each unit sold outside the target group. Brutger representatives ' °should be prepared to discuss what steps they are Proposing to take to assure that the building remains elderly. They should be prepared to discuss what efforts they will take in marketing the condos. I will be prepared to cover these points in greater detail Monday.. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: February 26, 1985 SUBJECT: Follow -up Information on Denny's Restaurant Licenses In checking, we find the memorandum of January 29, 1985 was in error. William David Claflin has been employed at the Brooklyn Center Denny's Restaurant since June of 1978, but not as manager. At the time they applied for a new license for the new corporation, they also submitted the new Manager's form and Investigator Hennessy completed the usual background check. Since.1979, he has had three traffic violations, but otherwise has no other violations on his record. He also has no previous employer as he was a student in Menomenie, Wisconsin prior to June of 1978. If you require any further information, please let me know. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR LYNDALE AVENUE IMPROVEMENT PROJECTS NOS. 1985 -04, 1985 -05, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -F) WHEREAS, the City Engineer has prepared plans and specifications for Improvement Projects Nos. 1985 -04, 1985 -05, and and has presented such plans and specifications to the City 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 - improvements as prepared by the City Engineer are approved and ordered filed with the City Clerk: WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 STREET IMPROVEMENT PROJECT NO. 1985 -05 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 April 4, 1985, at which time 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 April 8, 1985, 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: Clerk I RESOLUTION N0. _ The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof:' and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND STREET IMPROVEMENT PROJECT NO. 1985 -05 WHEREAS, Resolution No. 85 -35 adopted the 11th day of February, 1985, fixed a date for a Council hearing on the proposed installation of water main and reconstruction of street surfacing on Lyndale Avenue North from 53rd Avenue North to 57th Avenue North; and WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given, and the hearing was held thereon on the 11th day of March, 1985, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW,-THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and in the best interest of the City and the owners of property specially benefited thereby, that: 1. The following improvements as proposed in Council Resolution No. 85 -35 adopted the 11th day of February, 1985 shall be constructed: WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 STREET IMPROVEMENT PROJECT NO. 1985 -05 2. The City Engineer is designated as the engineer for these improvements. 3. The estimated total project cost of the improvements is as follows: Improvement Project No. 1985 -04 Previous Capital Expenditure $ 71,180.00 Construction Cost 60,060.00 Overhead Cost 6,600.00 Interest Cost 8,000.00 TOTAL $145,840.00 Improvement Project No. 1985 -05 Construction Cost $300,570.00 Overhead Cost 40,410.00 Interest Cost 5,550.00 TOTAL $346,530.00 RESOLUTION NO. 4. The estimated total project costs will be financed as follows: Improvement Project No. 1985 -04 Special Assessments $ 97, 640.00 Payment Against Previous Capital Expenditure 48,200.00 TOTAL $145,840.00 Improvement Project No. 1985 -05 MSA Turnback Funds $265,450.00 Special Assessments 38,800.00 Public Utility Fund 15,230.00 MSA Fund (Fund Balance 2611) 27,050.00 TOTAL $346,530.00 �F 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. NOTE TO COUNCIL: this resolution requires approval by 4 /5th's of the City Council, on a roll -call vote. Member introduced the following resolution �I a and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING SIDEWALK IMPROVEMENT PROJECT NO. 1985 -06 BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is necessary and in the best interests of the City to construct sidewalk along Lyndale Avenue North from 53rd Avenue North to 57th Avenue North. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The following improvement shall be constructed: SIDEWALK IMPROVEMENT PROJECT NO. 1985 -06 2. The City Engineer is designated as the engineer for this improvement. 3. The estimated cost of Improvement Project No. 1985 -06 is $45,660.00. 4. The estimated project cost will be financed by: 01 MSA Turnback Funds - $44,550.00 MSA Fund (Fund Balance 2600) - $1,110.00 Date Mayor ATTEST: Clerk NOTE TO COUNCIL: The motion for the adoption of the foregoing Adoption of this resolution seconded by member , ai requires approval by a taken thereon, the following voted in favor 1 majority of the City and the following voted against the same: Council) whereupon said resolution was declared duly Member introduced the following resolution 3 and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR LYNDALE AVENUE IMPROVEMENT PROJECTS NOS. 1985 -04, 1985 -05, 1985 -06 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -F) WHEREAS, the City Engineer has prepared plans and specifications for Improvement Projects Nos. 1985 -04, 1985 -05, and 1985-06 and has presented such plans and specifications to the City 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 improvements as prepared by the City Engineer are approved and ordered filed with the City Clerk: WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 STREET IMPROVEMENT PROJECT NO. 1985 -05 SIDEWALK IMPROVEMENT PROJECT NO. 1985 -06 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 April 4, 1985, at which time 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 April 8, 1985, 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, cashiers check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. Date Mayor ATTEST: Clerk RESOLUTION NO The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY IL T iR OOKLYiN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENr"ER February 8, 1985 ENGINEER'S REPORT Lyndale Avenue Improvement Projects Nos. 1985 -04, 1985 -05, 1985 -06 PROJECT DESCRIPTION: Water Main Improvement Project No. 1985 -04 Street Improvement Project No. 1985 -05 Sidewalk Improvement Project No. 1985 -06- PROJECT LOCATION: Lyndale Avenue North from 53rd Avenue North to 57th Avenue North. DISCUSSION: The City Council was presented a proposal for the improvement of Lyndale Avenue North in 1984, said proposal recommending the City provide for the installation of water main, reconstruction of the street surfacing, and construction of concrete sidewalk between 53rd and 57th Avenues North. Subsequent to an informal neighborhood meeting and formal public hearing regarding the proposal, the City Council terminated proceedings and directed the staff to propose a funding program for the project which would be more equitable in its use of state, local, and special assessment funds. Based upon that =directive, staff has presented a proposal for a new City -wide policy regarding special assessment of street reconstruction costs. This report incorporates said proposal. Following is a brief summary of the Lyndale Avenue North improvement proposal and an analysis of the effect of the special assessment recommendations on project financing. Water Main Improvement Project No 1985 -04 As noted in the 1984 proposal, it is recommended that water main be extended along Lyndale Avenue North between 53rd and 57th Avenues North in conjunction with the completion of street improvements,. The proposal provides for extension of municipal water service to one of the few areas within the City presently served by individual private wells only. In addition to providing a source of water for domestic use, the main installation would extend the existing fire protection system which consists of fire hydrants at 53rd and 57th Avenues North only. 1 74 Srv Xaw �,. In conjunction with the main and hydrant installation, it is recommended that water service lines be extended to all developed lots and to those undeveloped lots which are capable of being developed without need of variances from setback and area requirements. Street Improvement Project No 1985 -05 The proposed improvement of Lyndale Avenue North provides for reconstruction of the street surface from the existing rural cross- section configuration of 24 to 26 feet to the minimum State Aid urban section standard of 28 feet. The proposed construction provides for installation of curb and gutter and concrete driveway aprons, thereby eliminating ponding along the street's edge. As noted in the 1984 proposal, an analysis of the roadway structure has shown it will be more economical to totally, remove and reconstruct the existing roadway than it would be to upgrade the existing roadway. This decision is reinforced by the consideration that at least 25% of the existing surface would have to be removed and replaced to allow installation of the water main. Again, as in 1984, the proposal comprehends the prohibition of on- street parking unless agreement can be reached by the adjacent property owner and the City. Conditions which must be met in order that on- street parking may be provided include: Condition No. l - Adequate street right -of -way exists, or the requesting property owner provides required easements at no cost to the 'Cit . _Y Condition No. 2=- The City Engineer determines that proper drainage patterns can be maintained through such parking bays. Condition No. 3 - The City Engineer determines that safe and proper slopes can be maintained in the boulevard areas. Condition No. 4 - The property owner agrees to pay full- rate special assessments rather than the reduced - rate assessment (recommended later in this report) available to property owners who do not require on- street parking. Condition No. 5 - The property owner understands and agrees that any such on- street parking spaces are public parking spaces which are subject to the same rules and regulations which apply to any other on- street parking areas within the City. 2 A new feature incorporated in the current proposal is that an extensive streetscape design be implemented in conjunction with the street reconstruction (see attached concept plans). The design goal is the achievement of a parkway effect, thereby promoting the motorist's tendency to reduce speed along the seemlingly narrowed corridor. The concept, as proposed by the City's consultant Erkkila & Associates, proposes the planting of larger stock canopy trees along the boulevard, while interspercing lower level decorative trees along strategic sight lines toward the Mississippi River. The concept also enhances various locations along the route through the use of shrubbery and other various decorative plantings and includes screening of the City's lift station. In conjunction with the proposals comprehended above, staff recommends that concrete curb and gutter, concrete driveways and bituminous overlay be constructed along 55th and 56th Avenues North between Lyndale Avenue North and the cul -de -sacs to the west. Sidewalk Improvement Project No 1985 -06 Staff recommends the street improvement "package" include the construction of public sidewalk along the west side of Lyndale Avenue North between 53rd and 57th Avenues North, thereby providing a pedestrian link between the two bridges both bridges have sidewalks) and to the River Ridge Park urea. In the event the sidewalk construction proposal is deleted from the current project, boulevard restoration should include construction of the "benched" area to allow future installation of a sidewalk. FINANCIAL CONSIDERATIONS A. Water Main Improvement Project No 1985 -04 Staff has reviewed its previous position regarding the levy of special assessments for water improvements within ip the subject area and again recommends g the City Council levy one residential unit assessment against each property which is used as a single- family residential site. Further, staff recommends that the City Council defer additional assessments allowed for levy against any site which could support a 2 family tructure if that site to is resentl supporting a single P Y PP g g family structure. Said deferrment would remain in effect until such time as the property is fully developed. In those cases where the property currently supports ± a multi- family structure (i.e. the duplex at 5519/5523, the 4 -plex at 5547 and 5601, and the motel at 5608) we recommend that the property be assessed frontage, excess area, and service costs in accordance with the existing assessment policy. 3 Finally, staff again recommends that no water main assessment be levied against presently undevelopable land (i.e. variance required). Rather, it is recommended that the Council propose to levy hookup charges only if and when development occurs on these properties. B. Street Improvement Project No 1985 -05 For Turnback projects, the Municipal State Aid system has established a special "Turnback Account" specifically for the purpose of allowing the City to upgrade the street to current standards. Accordingly, turnback funds will be made available for street construction, curb and gutter installation, driveway construction and storm sewer modifications. Staff also proposes that all abutting properties be specially assessed on the basis of the separate staff report which has been submitted to the City Council for consideration. As applied to this project, the proposed assessment policy recommends that properties zoned and /or used as single - family home sites be assessed at $1200 /unit, unless such property is subdividable'to more than one building site without requirement of a variance. All other properties (i.e. properties used for multiple dwellings, properties which are subdividable to more than one building site, and properties which are used for commercial purposes) would be assessed at $16.00 per assessable foot. A unique consideration applies to the proposed Lyndale Avenue project, i.e. - the proposal to prohibit parking along most segments of the project. To compensate for this factor we recommend that reduced special assessment rates be applied to those properties where no on- street parking is allowed. In these areas, we recommend that single - family properties be assessed $900.00, and that all other properties be assessed at $12.00 per assessable foot. In addition to the street improvement assessment, property owners who do not now have paved driveways would be assessed for the cost of concrete driveway apron construction at an estimated cost of $35.00 per square yard. Regarding the proposed street improvements on 55th and 56th Avenues North, staff again recommends that no additional assessments be levied for sideyard footage. Whereas, in 1984 staff proposed that the City Council assess street improvement costs for all properties abutting Lyndale Avenue North to the east, we now recommend that no assessment be levied for those properties considered unbuildable according to City rdinanc y es i.e. those properties lying ( P P Y g between 53rd and 55th Avenues North). ) 4 Based upon the incorporation of the special assessment policy amendment as recommended and the reduction in the area considered for special assessment, the City will be responsible for financing approximately $22,850 from its local M.S.A. account. C. Sidewalk Improvement Project No 1985 -06 It is anticipated that the sidewalk improvement project can be paid for by the use of turnback funds. However, this is subject to final determination by the MN /DOT State Aid Division when project plans and specifications are approved. In the event of an adverse ruling regarding use of turnback funds, there is no doubt that the City can elect to use our regular Municipal State Aid funds. PROJECT COST AND FUNDING SUMMARY: Based upon the information provided, staff has estimated the project costs and funding' available for the proposed projects. A summary of the costs and finances is as follows: Estimated Project Costs: A B C Project Project 1985 -04 Project 1985 -05 1985 -06 - - - - -- ------------------------- - - - - -- - - - - - -- Lyndale Lyndale 55th -56th Total Lyndale Item Water Main Street Street Street Sidewalk Construction $54,600 $260,440 $12,810 $273,250 $37,750 Contingency 5,460 26,040 1,280 27,320 3,780 Subtotal $60,060 $286,480 $14,090 $300,570 $41,530 Engineering Consultant 7,500 7,500 City 5,400 25,780 1,250 27,030 3,750 Administration 600 2,870 140 3,010 380 Legal 600 2,870 2,870 Capitalized Interest 8,000 5,550 5,550 - - - - -- -- - - - - -- - - - - - -- -- - - - - -- - - - - - -- Subtotal $74,660 $331,050 $15,480 $346,530 $45,660 Previous Capital Expenditure 71,180 Total $145,840 $331,050 $15,480 $346,530 $45,.66.0 5 Previous Capital Expenditure for Main Extension @ I94 = $ 71,180 Estimated Total Cost, Project 1985 -04 = $ 74,660 Estimated Total Cost, Project 1985 -05 = $346,530 Estimated Total Cost, Project 1985 -06 = $ Estimated Grand Total, All Projects = $538,030 plus cost of driveways and water service lines Estimated Revenue Sources: A. Water Main Improvement Project No 1985 -04 Special Assessments Single Family Residential (26 Units @ $2,484.00 /Each) $ 64,580 Frontage (1286.49 L.F. @ $25.43/L.F.) 32,720 Area (4,297 S.F. @ &7.89/100 S.F.) 340 Service Line Installations Actual Cost TOTAL $ 97,640 (plus service line Payment Against Previous Capital costs) Expenditures for Main Extension @ I94 -$--48,200 TOTAL PROJECT FUNDING $145,840 B. Street Improvement Project No 1985 -05 Municipal State Aid Turnback Funds Construction & Contingency $238,630 Engineering Costs 31,020 SUBTOTAL $269,650 Special Assessments Single Family Residential (25 Units @ $900 /Each) $ 22,500 Frontage (215.42 L.F. @ $16.00 /L.F. 16,300 1070.97 L.F. @ $12.00 /L. F.) Driveway Actual Cost SUBTOTAL $ 38,800 TOTAL $308,450 Plus transfer from Public Utility fund 15,230 Plus transfer from M.S.A. Account 2611 2 2,850 TOTAL PROJECT FUNDING $346,530 6 C. Sidewalk Improvement Protect No 1985 -06 Municipal State Aid Turnback Funds $ 45,660 (Alternate source = Regular M.S.A. funds) D. Net Grand Total Project Revenue $538,030 plus charges for driveways, E. Sanitary Sewer Connection Charge and water service lines Departmental records indicate that four remnant parcels located at the southwest corner of Lyndale and 57th Avenues may be combined to form one developable parcel. Neither remnant (nor its partent parcel) has - been assessed a` sanitary sewer connection charge. It is recommended that the City Council acknowledge this condition and consider levying a special assessment for said connection charge based upon the 1960 levy rate ($402.23) with interest compounded at 6 percent per year, resulting in a hookup charge of $1,726.32. Assessment Spread Sheets Attached to this report are the following exhibits: Exhibit A - is a summary of special assessment: information including annual installment cost calculations for the water main project Exhibit B is a summary of special assessment information, including annual installment cost calculations for the street improvement project Exhibit C - provides a comparison of street assessments on a parcel -by- parcel basis under the 1984 proposal vs. the current proposal. CONCLUSION AND RECOMMENDATION: The improvements as described above are feasible =under the conditions outlined and at the costs estimated. It is recommended the City Council establish a public hearing for the project on March 11, 1985 and authorize staff to hold a neighborhood meeting prior to the proposed improvement hearing date thereby affording the affected property owners an opportunity to become familiar with the staff proposals. Respectfully submitted, James N. Grube City Engineer Recommended for Approval, Sy iKnaPP Director of Public Works 7 Note to City Council: If this report meets with your approval, we recommend the follow- ing schedule for consideration: February 11th City Council officially receives Engineer's Report and calls for Public Hearing. February 27th or 28th -City staff review proposal at informal neighborhood meeting March 11th Public Hearing and approval of plans and specifications April 4th - Open bids April 8th - Award contract May ist - Start construction September lst - Complete project 8 ��• �+_ R � KDROr �a u �P�N ��rr,�o �..� ; ole TLOrI'f 'fD EHtou¢H�� MISSISSIPPI RIVER LIFT �TATI ry VIEMIIr of IGUEIL LY DAL — AV €, Alt ! i a \\ `CGO�RDIwtG -- Ittt�R4 �• t � WI(N fD�LtaRONND PL&W rol" PRE - v� w17N CA) N� UFf H _! 'f+ti. lN1R^( r 1RCF/! �i MiouJN�g &W1D h !'trG�AI� ° PI =F/�� 41G ^Y THE ltt(d�E�nvN - -- N1N� _ Wr(NI VIN SHEET 'T' Of / DREY� JANUARY 10. 1985 i � A LYNDALE AVENUE LANDSCAPE PLAN i 53rd to 57th AVENUES Q V �� CI I Y OF C �C'SOQ tSQ� = Ek llrW � 11.cNUC1V.1. ; BROOKLYN CENTER, MN. � � � � .x.66 ;e � �� _I MISSISSIPPI RIVER �H�f t• @.M_pvt�- .UH�UrfArit.E. {t.Al�{ MhTE1iW��_ IM HE YlT+ !SOD i' T. ;1- L'i'.EJtt.��i f'lKLF.1UED llatrJN Df.�''(K. . 581 SL00 66A0 6621 LYNDALE AVE. – �— ci — af BAIT Y ti l( Pi.AC�^Gr�+f ctsm up op.6ft 'bioH SuPrvlef Ta "REIMFP[GG�E�EL+��il i{;�� • fritAOt,15+�1 P�RKv</AY F.F�1;�'( • �'fABLI� LNARA4'ft%R TD TNFi LOR�It'OR. . • PRFi �lZV� VIEW�i D� 'ME 1?JUGIC • FAL�L.!'fA'(� MAlht'fL'h1ANUi R � • �'"OWIMh , C�� SHEET 3 of 7 e D ATE : JANUARY 10, 10 ®6 Rev. LYNDALE AVENUE LANDSCAPE PLAN Q e 53rd to 57th AVENUES (Won '� BROOKLYN CENTER, MN. Vim~ � I &Y4 100 �n CaM�ul NE r MMU-". Lot 554111 781-NOW 40- / ' - 59TH AV E. N . 4- Q) 1 58TH AVE. N. ' 57TH AVE. N. w w 11 - - , 56TH AVE. N. a a ll J k M --Q co all 10 Ll ,1 55TH AVE. N. go = h BELLVUE r N 0 , \ PARK • = j 54TH AVE. N. 53RD AVE. N. MAP OF PROJECT LOCATION AND SPECIAL ASSESSMENT DISTRICT. Watermain Imp Project 1985-04 � p J Street Imp Project 1985- J 05 Sidewalk Imp roject 1 - p J 9.85 06 EXHIBIT A LYNDALE AVENUE WATER MAID, SPECIAL ASSESSMENTS 1985 SINGLE — FAMILY RESIDENTIAL RATE = $2,484 (INCLUDES SERVICE LINE TO PROPERTY LINE) 1985 MULTI- FAMILY AND COMMERCIAL RATE _ $25 /FRONT FOOT + `$ 7.89/100 SQUARE FEET + SERVICE LINE COST PAYMENT SCHEDULE FOR SPECIAL ASSESSMENTS FOR WATER MAIN PAYMENT PERIOD = 20 YEARS ESTIMATED INTEREST RATE = 12% e ASSESSMENTS ARE CERTIFIED TO HENNEPIN COUNTY FOR COLLECTION WITH PROPERTY TAXES FIRST PAYMENT WILL BE DUE WITH 1986 TAXES EXHIBIT A -1 LYNDALE AVENUE WATER MAIN SPECIAL ASSESSMENTS (CONTINUED) TYPICAL SCHEDULE OF SINGLE - FAMILY - - RESIDENCE ANNUAL PRINCIPAL PAYMENT = $2,4.84 20 = $124,20 /YEAR 1ST INTEREST PAYMENT (FOR AN ESTIMATED 15 MONTH PERIOD) $21484 x ,12 x 15/12 = $372,60 ESTIMATED TOTAL, 1ST PAYMENT = $496,80 2ND INTEREST PAYMENT $2 359 = .80 x ,12 $283.18 ESTIMATED TOTAL, 2ND PAYMENT = $407.38 11TH INTEREST PAYMENT $1,242 x ,12 = $149,04 ESTIMATED TOTAL, 11TH PAYMENT= $273 20TH INTEREST PAYMENT $124.20 x ,12 = $14,90 ESTIMATED TOTAL FINAL PAYMENT = $139,10 ' EXHIBIT B LYNDALE AVENUE STREET SPECIAL ASSESSMENTS 1985 SINGLE- FAMILY RESIDENTIAL RATES NO ON- STREET PARKING - $ 900 WITH ON- STREET PARKING - $1,200 1985 MULTI - FAMILY AND COMMERICAL RATES NO ON- STREET PARKING - $12,00 /FRONT FOOT WITH ON- STREET PARKING - $16,00 /FRONT FOOT PAYMENT SCHEDULE FOR SPECIAL ASSESSMENTS FOR STREET PAYMENT PERIOD - 10 YEARS ESTIMATED INTEREST RATE - 12% ASSESSMENTS ARE CERTIFIED TO HENNEPIN COUNTY FOR COLLECTION WITH PROPERTY TAXES • FIRST PAYMENT WILL BE DUE WITH 1986 TAXES EXHIBIT B -1 LYNDALE AVENUE STREET ESTIMATED SPECIAL ASSESSMENTS (CONTINUED) TYPICAL SCHEDULE OF PAYMENTS FOR $900 TOTAL ASSESSMENT ANNUAL PRINCIPAL PAYMENT = $ 900 ; 10 = $90 /YEAR 1ST INTEREST PAYMENT (FOR AN ESTIMATED 15 MONTH PERIOD) $900 x ,12 x 15/12 = $135.00 ESTIMATED TOTAL, 1ST PAYMENT = $225.00 2ND INTEREST PAYMENT $810 x .12 = $97.20 ESTIMATED TOTAL, 2ND PAYMENT = $137.20 6TH INTEREST PAYMENT $450 x .12 = $54.00 ESTIMATED TOTAL, 6TH PAYMENT = $144.00 10TH INTEREST PAYMENT $90 x .12 = $10.80 ESTIMATED TOTAL FINAL PAYMENT = $100.80 i EXHIBIT B -2 LYNDALE AVENUE STREET ESTIMATED SPECIAL ASSESSMENTS (CONTINUED) TYPICAL SCHEDULE OF PAYMENTS FOR $1,200 TOTAL ASSESSMENT ANNUAL PRINCIPAL PAYMENT = $1,200 as 10 = $120 /YEAR 1ST INTEREST PAYMENT (FOR AN ESTIMATED 15 MONTH PERIOD) $1,200 x ,12 x 15/12 = $180,00 ESTIMATED TOTAL, 1ST PAYMENT = $300,00 2ND INTEREST PAYMENT $1,080 x ,12 = $129,60 ESTIMATED TOTAL, 2ND PAYMENT = $249,60 6TH INTEREST PAYMENT $ 600. x .12 = $72,00 ESTIMATED TOTAL, 6 TH PAYMENT = $192,00 1OTH INTEREST PAYMENT $120 x ,12 = $14,40 ESTIMATED TOTAL FINAL PAYMENT = $134.40 EXHIBIT C LYNDALE AVENUE STREET ASSESSMENT COMPARISON TOTAL ASSESSMENTS* (NOT INCLUDING DR IVEWA Y COSTS) 1984 PROPOSAL 1985 PROPOSAL PARCEL (ADJUSTED TO UNDER PROPOSED NOS DESCRIPTION FO OTAGE 1985 R ATES) POLICY CHANGE 1 MN/DOT PROPERTY TO BE SOLD FOR 147.0 $ 4 $ 1, 764 , OO DEVELOPMENT 2 SINGLE-FAMILY RESIDENCE (NS) 77 , 6 2,636.85 900.00 3 SINGLE FAMILY RESIDENCE (NS) 78,0(E) 2,65044) DOUBLE FRONTAGE 78 , 0 (W) 2 5 900.00 4 SINGLE FAMILY RESIDENCE (NS) 77 , 9 (E) 2,647,04) DOUBLE FRONTAGE 77,9(W) 2,647,04)5294,08 900,00 5 SINGLE FAMILY RESIDENCE (NS) 78.0 2, 650. 44 900.00 6 SINGLE FAMILY RESIDENCE (NS) 65 , 6 2, 229 .09 900.00 40 7 SINGLE FAMILY RESIDENCE (NS) 65 .6 2, 229 .09 900 .00 8 SINGLE FAMILY RESIDENCE (S) # # 194.5 6, 609 ,11 2, 3-)4. 00 9 SINGLE FAMILY RESIDENCE (NS) 103,7(E) 3,523,73) DOUBLE FRONTAGE 103,7(2) 3,523,73)7047,46 900.00 10 SINGLE FAMILY RESIDENCE (NS) 62O(E) 2,106,76) DOUBLE FRONTAGE 62:0(w) 2,106.76)4213.52 900.00 11 SINGLE FAMILY RESIDENCE (NS) 112'. 05 3 807.46 900.00 12 SINGLE FAMILY RESIDENCE (NS) 90.6 3 078. 59 900.00 13 SINGLE FAMILY RESIDENCE (NS) 98.0 3 900.00 14 SINGLE FAMILY RESIDENCE (NS) 103.7 3'J 73 900.00 15 SINGLE FAMILY RESIDENCE (NS) 103.7 3 900.00 16 SINGLE FAMILY RESIDENCE (NS) 100.6 3, 418 , 39 900.00 17 MULTIPLE FAMILY STRUCTURE 103.7 3 1,244.40 18 MULTIPLE FAMILY STRUCTURE 103.7 3 523.73 1,244.40 (NS) = NOT SUBDIVIDABLE UNDER CITY'S SUBDIVISION ORDINANCE WITHOUT VARIANCE # # (S) = SUBDIVIDABLE UNDER CITY'S SUBDIVISION ORDINANCE, WITHOUT NEED FOR VARIANCE PAGE 1 LYNDALE AVENUE STREET ASSESSMENT COMPARISON TOTAL ASSESSMENTS (NOT INCLUDING DRIVEWA COSTS) 1984 PROPOSAL 1985 PROPOSAL PARCEL (ADJUSTED TO UNDER PROPOSED N O, DES C R IPTION FOO TAGE 1985 R ATES) PO LIC Y CHANGE 19 SINGLE � FAMILY RESIDENCE (NS) 103.72 3 ,524.41 900.00 20 MULTIPLE FAMILY STRUCTURE 101,7 3,455,77 1,220,40 21 SINGLE FAMILY RESIDENCE (NS) 62.0 2,106 , 76 900.00 22 SINGLE FAMILY RESIDENCE (NS) 78.72 2, 674. 91 900.00 23 MN /DOT PROPERTY TO BE 65 , 0 2,208,70 780.00 SOLD FOR 103., 244. 40 DEVELOPMENT 103.7 3 ; 523 :73 1; 244 , 40 PURPOSES 60.0 2, O38 , 80 720.00 24 UNDEVELOPABLE PARCEL - EASTS IDE 133,6(E) 4, 539. 73 O ; OO 25 UNDEVELOPABLE PARCEL - EASTS I DE 77. 6 (E) 2 - .J 636, 8 5 0.00 26 UNDEVELOPABLE PARCEL - EASTSIDE 78. 0 (E) 2 650.44 0.00 7 UNDEVELOPABLE PARCEL - EASTSIDE 65.6(E) 2,229-09 0.00 28 UNDEVELOPABLE PARC EL EASTS IDE 65. 6 (E) 2, 229 , 09 0.00 29 UNDEVELOPABLE PARCEL - EASTS IDE 194 , 5 (E) 6,609.11 0.00 30 UNDEVELOPABLE PARCEL - FASTS IDE 275,94 (E) 9j376.44 0.00 31 CITY PROPERTY 26 893.67 315.60 32 CITY PROPER 33,0 1,121,34 396,00 33 CITY PROPERTY 28.67 974.21 344.04 34 UNDEVELOPABLE PARCEL - EASTS IDE 4 33 0.00 0 , 00 35 SINGLE FAMILY RESIDENCE (NS) 155.55 5j285.59 900 , 00 36 SINGLE FAMILY RESIDENCE (NS) 152.45 5,180.25 900.00 37 SINGLE FAMILY RESIDENCE (NS) 103. 7 3 523.73 900.00 38 SINGLE FAMILY RESIDENCE (NS) 103,7 3 ,523,73 900,00' 39 SINGLE FAMILY RESIDENCE (NS) 103.72 3 900.00 SINGLE FAMILY RESIDENCE (NS) 84.95 2, 886, 60 900.00 PAGE 2 LYNDALE AVENUE STREET ASSESSMENT COMPARISON TOTAL ASSESSMENTS (NOT INCLUDING DRIVEWAY COSTS) PARCEL 1954 PROPOSAL 1955 PROPOSAL N0. DESCRIP (ADJUSTED TO UNDER PROPOSED FOOTAGE 1955 RATES) POLICY CHANGE 41 SINGLE FAMILY RESIDENCE (NS) 74.95 2,546.80 900.00 42 COMMERCIAL PROPERTY 215.42 7,319.97 ?, 446 , 72 43 SINGLE FAMILY RESIDENCE 103.7 3, 523 , 73 900.00 44 UNDEVELOPABLE MN/DOT PROPERTY 0.0 0,00 0.00 PAGE 3 POLICY COMPARISON 1984 PROPOSAL (ADJUSTED TO 1985 RATES) ASSESSABLE N0. OF UNIT TOTAL UNIT UN RAT ASSESS FRONT FOOTAGE 41F847.37 $33.98 /FOOT $164.71 - (ALL PROPERTIES) 1985 PROPOSAL (WITH PROPOSED NEW POLICY) ASS SSABLE 0. OF UNIT TOTAL 6NIT UNITS R ATE ASS ESSMENT SINGLE - FAMILY PARCEL 25 $900 /EACH $22.,500 (NOT SUBDIVIDABLE) FRONT FOOTAGE 1,070.47' $12,00 /FOOT# 12,850* (ALL OTHER RESIDENTIAL PROPERTIES) FRONT FOOTAGE - 215.42' $16.00 /FOOT 3, 45O (COMMERCIALLY USED PROPERTY, WITH ON- STREET PARKING PROVISIONS) TOTAL = $38,800 * NOTE: THESE RATES /TOTALS ARE BASED ON THE ASSUMPTION THAT NO ON STREET PARKING WILL BE PROVIDED IN THESE AREAS, WHERE ON STREET PARKING IS PROVIDED, THE RATES WOULD BE $1200 /UNIT AND $16.00 /FOOT. T 'PRO CO DIST THE FOLLOWING TABULATION SHOWS TOTAL COST DISTRIBUTION UNDER THE TWO PROPOSALS. SOURCE 1984 PROPOSAL 1985 P SPECIAL ASSESSMENTS $ 164,710 $ 38,800 CITY SHARE 117.500 307,730 TOTAL $ 282,210 $346,530# - NO TE: TOTAL COSTS FOR THE 1985 PROPOSAL INCLUDE THE ADDITIONAL COSTS FOR LANDSCAPE IMPROVEMENTS (NOT INCLUDED IN THE 1984 PROPOSAL), • FEBRUARY 27TH, 1985 INFORMATIONAL MEETING FOR LYNDALE PROPERTY OWNERS QUESTIONS AND ANSWERS Attendance: 13 property owners Q Where else are there sidewalks in Brooklyn Center? A 300 of Brooklyn Center has sidewalks. Most lead to and from schools, parks, shopping areas, etc. Camden, Humboldt, 53rd and 57th are a few streets in in your area with sidewalks. Q What happens if trees, mailboxes or fences are in the way of construction? A We will relocate them at City expense. Q There is a gully between 54th and 55th Avenues. Is the roadway and sidewalk going to dip in and out of the gully? If there are plans to fill it up, where will the water go? A Our plans are to fill it in and level off the roadway. The water runoff will drain into the street (slope will be from the yards into the street) and be carried away utilizing the curb and gutter. Q What is the reason for the 8 -12 foot greenstrip between sidewalk and street? I thought most sidewalk was 3 -5 feet from the street edge. A An 8 foot greenstrip will allow for snow storage in the winter months. Also an 8 foot greenstrip has a better chance of supporting grass that does a 3 -4 foot area. Q Will it be possible to eliminate the mailboxes and have mail delivery to the house? A We have no control over this issue. Please contact the post office. We will support you in your efforts, however. Q I have a driveway off 56th Avenue. How will this affect me? A We will be reconstructing 56th Avenue in the same manner as Lyndale. You will have a concrete driveway apron and curb and gutter installed. Q Are you going to be redoing both 55th and 56th? A In a manner of speaking. 56th will be totally ripped up and the grade lowered with curb and gutter. 55th will simply be overlayed and curb and gutter installed. Q Why are the street assessments so much less this year than last year? A Staff and City Council have re- evaluated the reconstruction assessment policy. We are now assessing on the basis of benefit to the property (in market value) not on the cost of the project. Q Has the City received word on whether turnback funds were approved? A Yes. The City has been given the go ahead by the State and turnback funds will finance 1000 of the street and sidewalk projects, but landscaping costs are not eligible for use of turnback funds. February 27, 1985 Page 2 0 Q If turnback funds will cover 1000 of the cost, why are we being assessed at all? A City Council has established the policy that turnback funds should be used for the benefit of the entire City, and that assessments should be levied according to benefits received. Q How much will the sidewalk cost us? A Nothing, City will finance this with turnback funds 1000. Q How about what we pay in additional taxes after the Assessor has been through? A It has been determined that sidewalk will not affect your property taxes. Water main and street improvements will, however. Q Will 55th and 56th Avenues be widened to 28 feet as well? A 55th and 56th Avenues are now 30 feet wide. Q What rebate will the property owners get for putting up with all the dust, dirt and inconvenience? A There is no provisions for any rebate. We cannot deny that there will be some. However, not to the extent of that you experienced with I94 construction. This project will be smaller, shorter in duration and more controlled. Q If we now don't have a 9 ton roadway, why have there not been any weight restrictions? We have semis and all kinds of trucks coming down Lyndale. A You do have a 9 ton roadway now, as do all "collector" streets such as Humboldt, 57th, Xerxes, 53rd, etc. Q Who's responsible for any septic tanks that should be discovered in digging up the area? A The City will abandon them for the property owners. In fact, we would appreciate knowing about any septic systems that do exist in the boulevard or potential construction area so that we may anticipate these conditions before we run into them. Q What about wells in the boulevard? A To our knowledge there should be no wells in the boulevard areas. If you think yours is there please contact use and we will be certain for you before we begin construction. Q Will all of the street be torn out at once? A Basically, yes. However, provisions will be made for local traffic only in your area as well as access every morning and evening to your driveways. Any conflict or special problems that you anticipate we can discuss with you at that time. Q How about low clearance vehicles? It wouldn't take much to rip off a tank on the bottom of some R.M s. February 27, 1985 Page 3 A.Please discuss this with us. We are most interested in avoiding these kinds of.problems as will be our contractor. Q From 53rd to 55th on the east side of the road the land is undevelopable. Why not install the water main on the west side to shorten the hookup distance? A Between 53rd and 55th, the water main will be installed on the west side. However, between 55th and 57th we plan to place the water main in the east half of the street because there would be conflicts with other utilities on the west side. Q How far apart does water main and sanitary sewer lines have to be? A 10 feet. Q How about on private property? A If you have cast iron sanitary service and copper water service the 10 foot separation is not necessary. Q How much will the landscaping improvement run? A If we planted according to the maximum concept, it could be as much as $50,000. However, that is far too much for the area. So it will be considerably less than $50,000. Plans are not in any way final. We will consult each property owner individually to discover personal preferences. We are recommending that landscaping be done under a separate contract, to allow the plans to be tailored to meet the requests of the property owners. Q Who will be responsible for maintenance of the landscaped area? A The City will be responsible for the shrubs, bushes and trees. The homeowner, as is now the case, will be responsible for grass and leaves. Q Landscaping is attractive, however most of us bought our property for the view of the river. A Again, we will meet with you individually to talk about personal preferences. Q Can anything be done about the lift station odors? When the wind is in the right direction it is awful. A We were not aware that there was a serious problem in your area. We will definitely investigate the problem and work for a solution. Q What is the total of the turnback funds? A 100% of the improvement cost except for landscaping costs. February 27, 1985 Page 4 Q If on- street parking is provided will it be on the boulevard or in the street? A In the boulevard area. Q How about those that park on the street now and have no driveway area. A We will have to work it out with those that are affected on a case by case basis. Q Will the current centerline remain the same? A There will be very little change, 2 feet or less. Q Could the $45,000 for sidewalk be used for the street assessment portion instead of constructing the sidewalk? A If the sidewalk is not constructed the City will not get the allocated amount from the State. The State will only give us the turnback funds for the sidewalk construction if the sidewalk is put in. Q How is the $38,000 street assessment figure arrived at? A It is the total. mount for the neighborhood of benefit derived from the street improvement; market value increase for the property. Q If the sidewalk didn't go in would the curb and gutter? A Yes Q Will the $900 assessment figure remain constant or is that subject to change depending on the cost of the project. A It will remain the same because benefit does not increase or decrease,with the cost of the project. Q Will landscaping be paid for in the street assessment? A No additional assessment will be levied for landscape improvements. Q What is the project schedule? A If the project is given the go ahead, startup is scheduled for May 1st and completion by Labor Day. This is total completion. Your street will not be_ torn up the total length of time. Clean up and other minor details are all included in this time span. Ia C�- Hauser Communications, Inc. Gus tave v M. H auser 437 Madison Avenue. New York, N.Y. 1 @ 922 Chairman 212 -832 -2788 Chief Executive Officer February 12, 1985 Mr. Greg Moore Executive Director Northwest Suburbs Cable ' Communications Commission 6901 Winnetka Avenue North Brooklyn Park, Minnesota 55428 Re: Requested Franchise Transfer Dear Mr. Moore: In connection with our request that the Franchise for the Northwest Suburbs cable television system be transferred from Northern Cablevision Northwest (NCN) to Suburban Cablevision Company, Limited Partnership (SCC), the Northwest Suburbs Cable Communications Commission is being asked to take the following actions: 1, The Commission is requested to issue, at the time of closing of the transaction, a letter confirming to SCC and the financing institution, The Bank of Montreal, that NCN is in compliance.with the terms of the Franchise. Such a request and the issuance of such confirmation are normal in transactions of this type. 'Certain matters, such as the provision of-text, interactive and security services, currently in compliance because of deferrals will also require specific confirmation that such deferral is to continue until the parties recognize that it is technically and /or economically feasible to provide'siich:.services. 2. The Commission is requested to take appropriate action to permit SCC to implement, thirty days following the closing of the transaction and the transfer of the Franchise, an increase of $2.00 in the current charge for Tier II basic service and a $1.50 increase one year later, should SCC determine that market conditions permit these adjustments. Also requested is an adjustment of $3.50 in the rate for Tier I basic service, which has very few subscribers. The effect of this action by the -2- Commission -is to anticipate.-the effectiveness of new Federal legislation which deregulates such rates. 'We believe and-have demonstrated that such rate are essential to the economic viability of the cable system and to the provision of adequate service to-its subscribers . Most systems in the area have rates higher than those being requested. A formal request for this action on rates, together with supporting data, was filed with the Commission on February 7,. 1985. 3. The Commission is requested, prior to the closing of the transaction, to adopt an amendment to the current_ Franchise Ordinance which would permit new plant construction and new subscriber installations to proceed on a single cable basis rather than the dual cable facility specified in the Franchise.. The cable system, as constructed, is one of the world's best. However, the second, "B ", cable is not now necessary or being utilized, and further operation or construction of dual plant represents a serious_ impediment to the economic viability of the system. Accordingly, the action being requested would enable SCC to "mothball" the existing "B " cable (with substantial savings in power and'maintenance costs) and to achieve substantial in capital by constructing new plant on a single cable basis.- Similar.action has or is being taken in jurisdictions where dual plant has been constructed. Since the capacity of the "A" cable is-more than sufficient for all foreseeable needs, service to subscribers will not be.affected by this amendment. The "B" cable would be reactivated and dual plant extended at such time as economically feasible and justifiable. 4. The Commission is requested, prior to the closing of the transaction, to adopt an-amendment to the Franchise Ordinance which would restructure the access and local origination elements of the Franchise ordinance in two essential ways. First, responsibility for this function would be transferred to the C.A.C., including employees, space and equipment. SCC would provide a specified level of funding and space, and would over to C.A.C. equipment having a very substantial value. A summary of this proposal.is attached as Exhibit A. We believe that the total resources available for origination /access under this approach will enable the function to continue at least at its current level; projected increases-in such resources will enable it to grow, should.the Commission decide on this course. A review of current and projected sources and applications of resources is included with Exhibit A. We believe the resources now and potentially being to origination /access equal or exceed those devoted to this activity in any system of a similar size in America. And i .the proposed contributions of SCC n cash and in kind will permit the system to be economically viable. Any further requirements -3- on SCC and its subscribers, necessarily entail a cut back in costs and services in some parts of the system's operation. We believe that in view of the experience and franchise modification requests made by other new -build systems, these proposals represent relatively modest adjustments to the Franchise and have no adverse effect on the quality of the system or its services to the subscriber. .Thank you for your courteous consideration.of our request for transfer- of•.the Franchise and of the matters discussed in this letter. We look forward to discussing all of this with you, and to the opportunity of serving the subscribers of the Northwest Suburbs cable system. Sincerely, GMH:par Enclosure NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION NEGOTIATING COMMITTEE March 12, 1985 8:00 A.M. Plymouth City Hall AGENDA 1. Local Origination /Access. ATTACHMENT 1 2. Dual Plant. ATTACHMENT 2 3. Rates. ATTACHMENT 3 4. Two -Way Interactive Services. ATTACHMENT 4 Committee has not formed position on issues which follow: 5. Future Construction of Subscriber Network. ATTACHMENT 5 6. Institutional Network (ICN). ATTACHMENT 6 i 7. Video Override. ATTACHMENT 7 8. Technical Issue. ATTACHMENT 8 9. Letter of Compliance. ATTACHMENT 1 LOCAL ORIGINATION /ACCESS COMMITTEE'S POSITION The company should provide a level of support which guarantees the greater of: $980,000 per year to include franchise fees in 1985 pro -rated with 8% per year escalators in each year thereafter; or 5% franchise fees and .45 per month per subscriber with 8% per year escalators in each year thereafter; and the liquidation of $680,514 in outstanding franchise commitments and free use by public agencies of the I.C.N. capacity not used for commercial purpose. ISSUE I. RESTRUCTURING OF LOCAL ORIGINATION AND ACCESS LOCAL ORIGINATION ACCESS STAFF AND FUNDING MPARISON OF NORTHERN'S ORIGINAL STAFF AND FUNDING COMMITMENT, TO ACTUAL STAFF AND FUNDING, 0 PROPOSED FUNDING. YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 10 Oct 1983/84 1984/85 1985/86 1986/87 1990/91 NORTHERN'S ORIGINAL STAFF AND FUNDING (19 employees) - -- (31 employees) - -- (40 employees) SALARIES & WAGES $239,000 $278,000 $364,000 $384,000 $464,000 AVERAGE WAGE $ 12,579 $ 12,579 $ 11,742 $ 12,387 $ 11,600 NORTHERN'S ORIGINALLY PROPOSED STAFF ADJUSTED TO REFLECT ACTUAL _ -- - -- $603,477 $651,755 $1,144,120 SALARIES & 8% ANNUAL INCREASES I RESENT STAFF ADJUSTED TO REFLECT ACTUAL (15 emplo SALARIES AND 8% ANNUAL - -- - -- $272,800 $294,840 $401,126 INCREASES AND NO IN CREASE IN EMPLOYEES SUBURBAN CABLESYSTEM (Number of employees unspecified) PROPOSAL - .40 PER - -- - -- $158,400 $172,800 $220,800 SUBSCRIBER INCREASED BY 8% PER - -- $185,000 $320,000 YEAR 3/5/85 COMPARISON OF PRESENT BUDGETS AND REPLACEMENT COSTS TO SUBURBAN CABLEVISION'S PROPOSED LEVEL OF SUPPORT LO /ACCESS WITHOUT LO PRESENT BUDGETS Commission $ 80,367 - -- CTC 335,000 - -- Northern LO Access; salaries, fringe, overhead, $19,467 average 292,000 TOTAL $707,367 $25,000 average salary, fringe, overhead 375,000 TOTAL $790,367 (15) $690,367 (11) ADDITIONAL EXPENSES Repair and Replace $1,000,000 $100,000 worth of equipment Replace Brooklyn Park Studio and offices, 3,600 square feet Rental $8 per sq. per yr. $ 28,800 $ 22,400 (2800 sq.ft.) Purchase Building, landscaping, park- $216,600 ing, $60 per ft. Land $ 50,000 $266,000 Financing, 10 yr. 157 $ 51,312 $ 42,192 Operating cost $4 per ft. per yr. 14,400 11,200 $ 65,712 $ 53,392 (3600) (2800) Overhead; bookkeeping, secretarial 22,000 - -- TOTAL Budgets $790,367 --- Equipment 100,000 - -- Building Purchase 65,712 53,392 Overhead 22,000 - -- $978,079 $865,759 LO /ACCESS WITHOUT LO SUBURBAN'S PROPOSAL Franchise Fee 1985 $583,467 .45 per subscriber 178,200 $716,667 Present Budgets and Replacement $978,079 Proposal 716,667 Shortfall $261,412 ELIMINATION OF CERTAIN FRANCHISE COMMITMENTS L. 0. Studio $222,861 Program grants 149,000 I.C.N. Equipment 103,903 $475,764 L.O. Van 204,750 $680,514 3/1/85 Television equipment to be transferred to the Community Television Corporation. Plymouth Studio $121,446.90 Maple Grove Studio $121,446.72 New Hope Studio $121,446.94 Brooklyn Center Studio $118,349.70 Public Access Van and Equipment $111,247.00 Brooklyn Park Equipment $52,774.43 Brooklyn Park Playback System $98,222.78 Character Generator System $58,920.00 $803,854.47 Television equipment to be retained for restructured operations. Portion of Brooklyn Park $201,358.37 equipment including cameras, switcher, 2 video tape decks, sync system. L.O. Van $178,319.06 Portion of Brooklyn Park $51,457.70 Playback System $431,134-76 NOTE Detailed inventory and itemized cost of above equipment available. SUBURBAN CABLEVISION - NORTHWEST SUBURBS,MN -------------------------------------------------------------------------------------------------------------------------------- - - - - -- SUBURBAN CABLEVISION LOCAL DAIGINATIOH I COMMUNITY ACCESS FUNDING PROPOSAL ANALYSIS 1984 1985 1985 1986 1987 1988 1989 1990 SOURCES OF FUNDS: ACTUAL CURRENT PROPOSED Franchise Fees 314,000 435,000 538,467 650,163 781,217 865 940,457 1,031,300 Cable Op. Cash 188,000 292,000 187,290 203,825 222,863 237,801 249,902 261,835 Total Cash Available 502,000 727,000 725,757 853,989 1,004,080 1,103,085 1,190,359 1,293,135 In Kind Space 75,000 75,000 57,000 57,000 57,000 ' 57,000 57,000 57,000 TOTAL SUPPORT AVAILABLE 577,000 802,000 782,757 910,989 1,061,080 1,160,085 1,247,359 1,350,135 USE OF FUNDS: CAC Budget 155,000 335,000 335,000 335,000 335,000 335,000 335,000 335,000 HER Cost 188,000 292,000 292,000 292,000 292,000 292,000 292,000 292,000 Total Cash 343,000 627,000 627,000 627,000 627,000 627,000 627,000 627,000 In Kind Space 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 TOTAL SUPPORT USED 418,000 702,000 702,000 102,000 702,000 702,000 702,000 702,000 ENDING CASH BALANCE 159,000 100,000 80,757 208,989 359,080 458,085 545,359 648,135 CUM SURPLUS IDEFICITI 80,757 289,745 648,825 1,106,910 1,652,269 2,300,404 ATTACHMENT 2 DUAL CABLE COMMITTEE'S POSITION That the company should construct a B shadow cable (not activated) and dual drops to all subscribers; and that the company should be allowed to mothball existing b cable electronics. DUAL VS. SINGLE PLANT ANALYSIS I. Plant Construction Dual Cable Plant $31,000 /mile Single Cable Plant $21,000 /mile Savings $10,000 /mile 5 Year Analysis of Cost Savings 129 mile projected $10,000 /mile $1,290,000 Interest cost @ 15% on average capital investment $484,000 Total 5 Year Savings $1,774,000 Per Subscriber Analysis: Average Subscribers 41,000 Savings per sub - 5 years 43.27 /sub Savings per sub /mo .721mo 11. House Drops Dual Drop $80.00 /drop Single Drop $48.00 /drop Savings $32.00 /drop 5 Year Analysis of Cost Savings 35,000 new drops installed during 5 year period. *35, 000 x$32.00 - $1,222.000 Interest cost @ 15% on average capital investment $458,000 Total 5 Year Savings $1,680,000 Per Subscriber Analysis: Savings per sub $40.98 Savings per sub /mo .68 /mo NOTE 70,000 projected connects to replace disconnects; add new customers. 50% of connects will be new drop installation. III. Total Savings Per Sub for Construction and Drops Total Savings Construction $1,774,000 Drops $1,680,000 $3,454,000 or $691,000 /year. Construction .72 /sub /mo Drops .68 Savings 1.40 /sub /mo IV. Building of Shadow Trunk Analysis 129 miles x $2,500. cost /mile = $322,500 Cost $322,500 Interest $121,000 Total Cost $443,500 or $88,700 /year. Average subs - 41,000 Cost per sub $10.81 Cost per sub /yr. .18 /sub /mo V. Go Back Cost to Construct "B" Cable 129 miles x 21,000 = $2,709,000 35,000 drops x $40 /drop = $1,400,000 $4,109,000 15% interest over 5 yrs. $1,540,000 Total $5,649,000 Average subs - 51,200 Cost /sub $110.35 Cost /sub /mo $1.84 ATTACHMENT 3 RATES COMMITTEE'S POSITION The Commission should not waive its right to regulate basic rates. BASIC 1. That the first company proposed rate increase of $2.00 to be effective immediately after transfer, raising basic rates from $7.95 to $9.95 or to $10.45 if the program guide is included, be allowed. 2. That the second proposed increase of $1.00 effective one year after transfer not be allowed. (Basic rates are completely deregulated in December, 1986 by federal law.) FAMILY (first 30 channels) That a rate increase of $3.50, raising the rate from $3.95 to $7.25, not be allowed. GENERAL That the company agree not to request a further rate increase until deregulation and that the company not impose a 57 increase in December, 1986. BASIC CABLE RATES - METROPOLITAN AREA COMPANY NAME SYSTEM FULL BASIC CITIATION CABLE FOREST LAKE $ 9.95 DOW -SAT OF MN MOUND 11.00 GROUP W BURNSVILLE -EAGAN 10.95 COLUMBIA HEIGHTS 11.95 NORTH CENTRAL 12.95 NORTH SUBURBAN 7.95 QUAD CITIES 10.95 RAMSEY -WASH. 8.45 METRO CABLE APPLE VALLEY 9.95 ROGERS CABLESYSTEMS MINNEAPOLIS 10.95 SW SUBURBS 15.00 STORER CABLE BLOOMINGTON 10.50 FRIDLEY 10.50 ST. LOUIS PARK 10.50 T.D.S., INC. ST. CROIX VALLEY 8.50 HASTINGS 9.50 S. WASHINGTON CTY. 10.95 UNITED - ZYLSTRA CHASKA 11.95 SHAKOPEE 8.50 AVERAGE MARKETPLACE RATE 10.58 ATTACHMENT 4 TWO -WAY INTERACTIVE TEXT SERVICE COMMITTEE'S POSITION The Franchise Ordinance states that Text services shall be made initially available and that Interactive Services shall be provided as available. The Commission has simply deferred any decision on these services. The Commission should defer the implementation of these services until the Commission finds a service to be in the public interest. TEXT 1. Social Service Information 2. The Source 3. Movie Reviews 4. Personal Financial Information 5. Employment Opportunities 6. Transportation Schedules INTERACTIVE 1. Security Service 2. Library Link 3. Reuters 4. Dow Jones 5. The Source 6. Per per view 7. Opinion Polling 8. At -Home Banking 9. Shop -at -home 10. Community College Credit 11. Call -up Cable Films 12. Video Games ATTACHMENT 5 FUTURE CONSTRUCTION OF SUBSCRIBER NETWORK COMPANY'S POSITION That all future construction of this network be done in accordance with the line extension policy found in the franchise ordinance and that all future construction proceed on the basis of identifiable annual programs; and that the line- extension policy be changed consistent with attachment 5b. Presently homes within the initial service territory must receive service regardless of density. This proposed change primarily impacts new housing developments within initial service territory. ATTACHMENT 5b decrease in Franchise term per day for each day, or part thereof, such failure occurs or continues. (b) Revocation of Grantee's performance bond shall occur in the event that construction of the system is not commenced within one year of the effective date of the Franchise; or if Grantee's construction schedule of 22 months as set forth above is exceeded by one year or more. (c) Grantor further reserves the right to revoke this Franchise, and all rights and privileges pertaining thereto in the event that the commencement of the construction schedule, the one -year scheduled construction, or the completion of the construction as set forth in Paragraphs C, D, and E of Section 7.02 is delayed for over 18 months. J. Act of God Provision. The requirements of this section be waived by the Grantor upon the occurrence of unforeseen events, acts of God, or events out of the reasonable control of Grantee. 7.03 Line Extension Policy Residents of the Cities who do not fall within categories described in Section 7.02 shall have the right to receive service, provided they assume responsibility for the extra installation costs involved over and above the current Average installation costs associated with areas within the franchise territory which have reached the 35 dwelling unit per mile threshold. A. Grantee shall serve at rates set forth in Exhibit 2 all areas which contain _ 35 or more dwelling units per cable mile, the cable mile(s) to be calculated from the point where existing distribution plant ends -38- ATTACHMENT 5b Grantee shall extend cable service to areas where densi ' are between 20 and 35 ho per mile at the following additional c er installation: Additional Cost Density /Miles Per Installation 30 to 34 $30.00 25 to 29 $50.00 to 24 $7 C. Where densities are 34 or less homes per mile, Grantee shall serve those subscribers on a cost sharing basis between the system and the sub- scribers on a graduated basis as follows: provided that 457 of such homes shall, prior to construction, agree in writing to become subscribers and have contributed their share of construction costs. Density /Miles Cost Paid Cost Paid by Northern by Subscribers 15 to 19 35 607 407 10 to 14 507 507 5 to 9 407 607 0 to 4 307 707 D. Subscribers electing to receive cable under the extension plan will be eligible for a pro rata refund depending.on number of additional subscribers taking service during the 24 months following activation of service to each extension area. E. Any request for service in the line extension area shall be served in six months or less, weather permitting after construction of the initial service territory is completed. ATTACHMENT 6 I.C.N. NETWORK 1. CONSTRUCTION The company requests that we acknowledge construction of the I.C.N. network to be complete and that future free drops from the I.C.N. to public and non- profit agencies not exceed 250 feet. The Franchise Ordinance provides that 158 miles of I.C.N. will be built and that all public and non- profit agencies will receive free drops. There is presently no restriction on the length of the drop. There are several sub - issues: A. The actual mileage of the I.C.N. constructed vs. that proposed 158 miles. B. The free drops to buildings listed in the Franchise Ordinance and to buildings which have requested free drops and have not received these drops. (See attachment 6b) C. The channel capacity on the I.C.N. available to public and non- profit agencies. (40% required by the Franchise Ordinance) 2. MARKETING The Franchise Ordinance provides that five marketing employees be hired to develop commercial business for the I.C.N. The company requests this continue to be deferred until parties agree it is technically and economically justifiable. ATTACHMENT 6b LOCATIONS THAT HAVE REQUESTED INSTALLATION THAT ARE NOT HOOKED UP TO THE INSTITUTUIONAL NETWORK Meadowbrook School New Hope Fire Station New Hope. Community Center New Hope Public Works Building :Maple Grove Public Works Garage Maple Grove Fire Station I Maple Grove Fire Station II Sacred Heart School Golden Valley Fire Station I Golden Valley Fire Station II Golden Valley Public Safety Building Golden Valley Brookview Community Center Brooklyn Park Public Safety Building Brooklyn Park City Garage Brooklyn Park Community Activity Center Robbinsdale Community Center Robbinsdale Police and Fire Building Robbinsdale City Shop North Memorial Hospital Plymouth Public Works Building Plymouth. Fire Station I Plymouth Fire Station II Plymouth Zachary Park Shelter Plymouth Water Treatment Plant Plymouth Oakwood Shelter Plymouth Creek Shelter Plymouth Junior High Shelter LOGIS (New Location) St. Raphael's School St. Margaret Mary School St. Joseph's Parish Si.inn; Hollow Elementary Total 32 Institutions ATTACIMNT 6b INSTITUTIONS ON THE ORIGINAL FRANCHISE APPLICATION LIST THAT ARE NOT HOOKED UP TO THE INSTITUTIONAL NETWORK March 8, 1985 Brooklyn Center Fire Station East Brooklyn Center Fire Station West Brooklyn Park Police /Fire Crystal Fire Station North Crystal Fire Station South Golden Valley Police /Fire New Hope Fire Osseo Police Plymouth Fire Robbinsdale Police /Fire Municipal Court (2nd Division) State Highway Department Brookdale Service Center (Hennepin County) Maranatha Conservative Baptist Home Crystal Care Center Northwest Hennepin County Mental Health Center Golden Valley Health Center Colonial Acres Home Weldwood Nursing Home Trevilla of Golden Valley Mission Care Center Ambassador Nursing Home Northridge Care Center Home St. Therese Home Berkshire Residence Monterrey Nursing Inn Crystal Lake Nursing Home Trevilla of Robbinsdale Courage Center North Memorial Medical Center (continued next page) -2- Evergreen Elementary Monroe Elementary Riverview Elementary Meadowbrook Elementary Sunny Hollow Elementary District 287 Offices (Hennepin Technical Centers) Valley Baptist Theological Seminary Association of Free Lutheran Theological Seminary Sacred Heart School St. Margaret Mary School St. Raphael's School Good Shepherd School Minneapolis Apostolic Christian Academy St. Vincent DePaul School St. John's Lutheran School Fair Community Center (postponed by Mr. Thomas Tripet) Thorson Community Center Brookview Community Center Zanewood Community Center YMCA Community Emergency Assistance Program (CEAP) Junior Achievement Center Hennepin County Workhouse (Adult Corrections Facility) Crystal Airport Boy Scouts of America Central Headquarters LOGIS Osseo Senior Citizen Center New Hope Ice Arena (continued next page) _ Central Community Center Brooklyn Park Activities Building West Medicine Lake Community Club Post Publications Osseo -Maple Grove Press Total Number: 63 Institutions ATTACHMENT 7 VIDEO OVERRIDE The Franchise Ordinance provides for a video override. The company requests that the video override be eliminated. An audio override would be available if desired, a description of which is attached. STO R WLE Commitment to Excellence March 8, 1985 Mr. Greg Moore Executive Director NWCCC 6901 Winnetka Avenue North Brooklyn Park, MN 55428 Dear Greg: You have requested a brief description of the emergency alert capabilities of this cable system. - The system is capable of sending two kinds of audio signals to subscribers. The first is the ComAlert system which features audio override of all channels. This can be triggered from a remote location via telephone. There are four systems, one per headend, which enables override on a hub discrete basis. The second audio alert system is provided as part of the Jerrold converter system. Upon activation, a beeper alert is emitted from each Jerrold converter in the field. Activation occurs through the master terminal located at our Brooklyn Park facility. Deactivation can occur either at our headend or through the use of the reset button on the back of each converter. Sincerely, STORER CABLE John R. Ed y General Manager A Service of NORTHERN CABLEVISION N.W., INC. 6901 Winnetka Avenue North, Brooklyn Park, MN 55428 ATTACHMENT 8 TECHNICAL ISSUES 1. ICN REDUNDANCY 2. ROUTING COMPUTER 3. STATUS MONITORING 4. STANDBY POWER STAFF IS CONSULTING WITH CARL PILNICK ON THESE ISSUES AND WILL REPORT ON TUESDAY. Licenses to be approved by the City Council on March 11, 1985 CIGARETTE LICENSE Delaney Vending 1999 Palace Ave. 46 Green Mill 5540 Brooklyn Blvd._ City Clerk FOOD ESTABLISHMENT LICENSE Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brookdale Covenant Church 5139 Brooklyn Blvd. Brookdale Mobil 5710 Xerxes Ave. N. Brooklyn Center American Legion 4307 70th Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Community Emergency Assistant Program 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Davanni's 5937 Summit Drive Donut Delight 6838 Humboldt Ave. N. Evergreen Park Schol 7020 Dupont Ave. N. Garden City School 3501 65th Ave. N. Green Mill Inn 5540 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave. N. Little Brooklyn 6219 Brooklyn Blvd. Nutrition World Brookdale Center Orchard Lane School 6201 Noble Ave. N. Red Lobster Restaurant 7235 Brooklyn Blvd. Wes' Standard 6044 Brooklyn Blvd. Willow Lane School 7020 Perry Ave. N. �. 0 Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness Club 6301 Shingle Cr. Pkwy. Sanitaria MECHANICAL SYSTEMS LICENSE Midland Heating & Air Conditioning 6442 Penn Ave. S. Build'n Official NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Chuck's Q. 1501 69th Ave. N. Sanitarian SIGN HANGER'S LICENSE Midway Sign Company 444 N. Prior Ave. -OD Buildi Officia GENERA R L APPROVAL: Gerald G. SplinteiV City Clerk WE, THE UNDERSIGNED PROPERTY OWNERS RESIDING ON LYNDALE AVENUE BETWEEN 2::t� 53rd Avenue North and 57th Avenue North, WOULD AGREE TO THE INSTALLATION OF A 9 TON STREET ALONG LYNDALE ONLY IF THE CITY USES THE FUNDS PROVIDED BY MINNESOTA STATE TURNBACK FUNDS TO PAY FOR THE ENTIRE COST OF PAVEMENT. WE FEEL THAT THIS IS NOT A RESIDENTIAL STREET ( and therefore should not be treated as such) BUT A HIWAY BYPASS AS RECOGNIZED BY THE STATE OF MN.. THE STATE OF MINNESOTA IS FINALLY RECOGNIZING THE TEN YEARS OF INCONVENIENCE CAUSED TO THE RESIDENTS OF THIS AREA DURING THE HIGHWAY CONSTRUCTION AND ACKNOWLEDGING THE FACT THAT 98% OF THE TRAFFIC ON THIS STREET OR MORE IS NON- RESIDENTIAL AND HAS CAUSED THE DETERIORATION OF THE SURFACE. 'So 9 VV �r J'- °° 41 , r F �r I t i it +i 1 ; I ,I G i i ` o t'7 ! Iff WE, THE UNDERSIGNED PROPERTY OWNERS, ARE AGAINST THE INSTALLATION OF A042 • W4iVi-'SERVICE ALONG LYNDALE AVENUE NORTH BETWEEN 53rd Avenue North i and 57th Avenue North. �( 67 Y. -7 60 >4vr . �. t WE, THE UNDERSIGNED PROPERTY OWNERS, ARE IN FAVOUR OF THE INSTALLATION OF WATER SERVICE ALONG LYNDALE AVENUE NORTH BETWEEN 53rd Avenue North and 57th Avenue North. J, 0, e S o a , IVMf�f 4 YV A f f II I 7 o�� F WE, THE UNDERSIGNED PROPERTY OWNERS RESIDING ON LYNDALE AVENUE BETWEEN 53rd Avenue North and 57th Avenue North, ARE AGAINST THE INSTALLATION OF SIDEWALK ALONG THIS STREET. C 1 i 7 � DSO 9 e-&W. Vo. -'o 0-4 9 P JA A A'le2 —A4 I/,-<- s S 60 , 69 69 t . oll Llf �� ,•C ,�� SS std -- 3 {�