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HomeMy WebLinkAbout1985 06-24 CCP Regular Session 131# cv e CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JUNE 24, 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. Approval of Minutes - June 3, 1985 - Board of Equalization June 3, 1985 - Special Session *7. Approval of Minutes - June 10, 1985 - Regular Session 8. Presentation of Community Service Award to Vincent Tubman 9. Presentation of Community Service Award to William Hannay 10. Award Presentation - Conference of Mayor's Award for Youth Activities Emphasizing Public- Private Partnership 11. Performance Bond Release: *a. Car X Muffler Shop, 6810 Brooklyn Boulevard *b. Rosemary Terrace, Humboldt Place - Located on the 6700 block on the west side of Humboldt Avenue North 12. Resolutions: *a. Authorizing the Submission of an Amendment to the City of Brooklyn Center Community Development Program for Years IX and X to Hennepin County for a Consideration as Part of the Urban Hennepin County Community Development Block Grant Program, in Accordance with the Housing and Community Development Act of 1974, as Amended *b. Appointing Geralyn Barone to the Board of Directors of the Northwest Hennepin Human Services Council Geralyn Barone will be replacing Tom Bublitz who formerly served on this Board of Directors. *c. Accepting Work Under City Hall /Community Center Landscaping Project No. 1984 -12, Phase III -This project provided for completion of landscaping improvements at the complex' upper plaza. COUNCIL AGENDA -2- June 24, 1985 *d. Accepting Work Under Shingle Creek Trailway Landscaping Project No. 1984 -15 -This project provided for installation of landscape plantings along Shingle Creek from I -94 to 69th Avenue North. *e. Receiving Engineer's Report, Establishing Seal Coating Improvement Project No. 1985 -15, Approving Specifications and Ordering Advertisement for Bids (Contract 1985 -H) -This project provides for the annual street seal coating program, as included in the 1985 Public Works Department budget. *f. Approving Plans and Specifications and Ordering Advertisement for Bids, Dallas Road Street Improvement Project No. 1985 -12, Wingard Lane Street Improvement Project No. 1985 -13, and 65th Avenue North Street Improvement Project No. 1985 -14 (Contract 1985) - Construction of these ro'ects were ordered b the City Council p J Y Y , following public hearings held on June 10, 1985. g. Receiving Engineer's Report, Establishing Municipal Service Garage Improvement Project No. 1985 -21, Approving Specifications and Ordering Advertisement for Bids (Contract 1985 -L) -This project provides for the replacement of the existing fuel tanks at the Municipal Garage with reconditioned tanks salvaged from the old 7- Eleven site at 69th and Humboldt. *h. Establishing Parking Restrictions for Xerxes Avenue North Between C.S.A.H. 10 and 170 Feet South of 59th Avenue North and 200 Feet North of 65th Avenue North to Bridge No. 27927 Over F.A.I. 94. *i. Establishing Caulking /Sealant Improvement Project No. 1985 -22 and Accepting Proposal for Completion Thereof j. Imdemnifying the State of Minnesota From Any Claims Resulting From the Issuance of a Variance From Established Street Width Standards as They Relate to Xerxes Avenue North From Northway Drive to F.A.I. 94 -This resolution acknowledges receipt of administrative variance from MN /DOT to allow for the improvement of Xerxes Avenue North. Its passage holds MN /DOT harmless of any future claim that might arise as a result of the variance approved. 13. Ordinance: a. An Ordinance Amending Chapter 29 on Filing for Municipal Office -This ordinance is offered for a first reading because of a new State law requiring the preparation and delivery of absentee ballots at least 30 days before an election, and requiring filing of affidavits of candidates not less than 6 weeks nor more than 8 weeks before a municipal primary and at least 18 weeks before the general election. COUNCIL AGENDA -3- June 24, 1985 14. Public Hearings: a. Private Kennel License Application (7:30 p.m.) - Applicant Carolyn E. Duerr of 6900 Regent Avenue North has applied for a private kennel license to keep three dogs at the residence at 6900 Regent Avenue North in Brooklyn Center. The applicant has indicated that the dogs will be housed inside the residence at 6900 Regent Avenue North. The City ordinance requires private kennel license where more than two dogs, exceeding six months of age, are kept in a household. b. Proposed Municipal Golf Course (8:00 p.m.) 1. Resolution of Appropriation, Loan Authorization and Establishing Golf Course Enterprise Fund 2. Resolution Establishing Municipal Golf Course Improvement Project No. 1985 -23 and Authorizing the Mayor and City Manager to Enter Into an Agreement With Brauer & Associates, Limited for the Design of Said Improvement 15. Planning Commission Items: (8:30 p.m.) a. Planning Commission Application No. 85015 submitted by S & G Properties for preliminary plat approval to subdivide into two lots the tract of land on which the Earle Brown Farm Apartments is located at 1701 69th Avenue North. The Planning Commission recommended approval of Application No. 85015 at its June 13, 1985 meeting. b. Planning Commission Application No. 85016 submitted by Village Properties for a variance from Section 35 -400 of the Zoning Ordinance to allow a temporary 1' setback off Highway 252 right -of -way and to allow a density variance of two units at the Evergreen Park Apartments, 7200 -7224 Camden Avenue North. The Planning Commission recommended approval of Application No. 85016 at its June 13, 1985 meeting. 16. Consideration of Specified Licenses: a. Application for On -Sale 3.2 beer license for the 50's Grill. The restaurant will be located at 5524 Brooklyn Boulevard, formerly Farrell's Restaurant. 17. Discussion Items: a. Staff recommendation for amendments to the City's policy for deferment of special assessments -Staff will be prepared to discuss possible changes to Resolution No. 78 -87. b. Scheduling of City Council Meetings -Staff will be prepared to discuss the possibility of changing the meeting nights of the City Council. *18. Authorize City Manager and Mayor to sign revised Joint Powers Agreement on Senior Transportation Project *19. Licenses 20. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA Board of Equalization June 3, 1985 City Hall CALL TO ORDER The Brooklyn Center City Council met as the Board of Equalization and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, City Assessor Peter Koole, Property Appraiser Joe DaBruzzi, Assessing Clerks Grace Geske and Julie Caswell, and Administrative Assistant Geralyn Barone. PURPOSE OF BOARD OF EQUALIZATION The City Manager reviewed the purpose of the Board of Equalization meeting and pointed out that the City Council was serving as the Board of Equalization to conduct a review of assessed valuation within the City, and to allow time for public inquiry regarding local assessments after the City Assessor makes his report. The City Manager introduced Peter Koole, City Assessor, who pointed out that there are various steps that individuals must take when seeking adjustments in their valuations and he explained that the meeting tonight is the first step, after which the inquiry is passed on to the County, and the County then passes it on to the State for their review. He explained that the values discussed this evening will serve as the basis for 1986 taxes. He added that the Board of Equalization reviews the City Assessor's work and he explained that the City appraisers are fully certified by the State of Minnesota. He explained that the Assessor's responsibility is to treat the value of similar properties in similar ways with regard to valuations. He also noted that this year the Assessor's office has asked that people call his office prior to the Board of Equalization meeting to make an appointment with the staff to discuss their particular request, and also, if necessary, to register for an appearance at the Board of Equalization. He explained that the people who are pre- registered would be handled first at this evening's meeting. PROCEDURAL REVIEW OF PROPERTY TAXATION The City Assessor explained the appeal process, stating the channel of appeal begins with the local Board, then onto the County Board, the State Board, and finally to the Tax Court if carried that far. He added that an individual must go to the Local Board first before they can qualify for the next step, which is the County Board, and that an individual must also appeal to the County Board prior to appealing to the State Board. The City Assessor then explained that the County Board of Equalization is appointed by the County Commissioners and the Commissioner of Revenue serves as the State Board of Equalization. The City Assessor presented a slide show entitled "Property Assessment" prepared by the Agricultural Extension Service of the University of Minnesota, copyright 1984. THE CITY ASSESSOR'S REPORT The City Assessor next reviewed the sales ratio studies. He explained that the 6 -3 -85 -1- sales ratio study is a substantive part of what is done by the Assessing Department. He briefly reviewed the 1985 sales ratio study noting the aggregate ratio is 92.4 %, the median ratio is 92.2 %, and the coefficient of dispersion is 5.2 %. He then briefly discussed the definition of the coefficient of dispersion. He stated that the average sale price of a home in Brooklyn Center is $68,931 and the average market value is $63,668. He also explained the Assessing Department analyzes the sales by style, location, price, age, and neighborhood. He reviewed the valuations of several homes located in different parts of the City, including homes located on a lake or river, in proximity to a highway or freeway, commercial and multiple family units, and homes located near parkland. He reviewed the Assessor's valuation and property taxes since 1976, noting the value of property in a low price range has increased 98.9% since 1976, while the tax burden has decreased by 6.4 %. He added the value of property in a higher price range has increased 72.0% since 1976, while the tax burden has risen by 11.0% in that time period. Reviewing a graph of average property taxes in the last ten years, the City Assessor pointed out that the lower valued properties are on the receiving end of tax relief. He then reviewed 1985 market values as compared to 1984, noting the average value of residential homes is slightly lower for 1985. He emphasized that although sales prices have been flat, volume of sales is high. Councilmember Theis asked if the values presented were overall values of residences, and the City Assessor replied saying the total value of residences was divided by the number of parcels. The City Assessor commented that State law requires one - fourth of the properties in the City be revalued and inspected each year. He stated that summer help would be hired to assist in appraising the properties. He showed the Council on a map of the City which areas had been revalued and inspected in 1984 for the 1985 assessment. The City Assessor explained that normally he would discuss new legislative changes affecting property valuation, but the legislature is still convening. He noted that expectations were low for changes in the property tax system, and no action had been taken on reform recommendations made to the Governor. He noted that a legislative commission may form to conduct another study. PUBLIC INQUIRY REGARDING LOCAL ASSESSMENTS The City Manager explained that three notices had been received for this evening's meeting. Two of the individuals had preregistered, Mir. William Shutte, regarding the property at 6715, 6717, 6719, and 6721 Humboldt Avenue North, and MX. Steve Anderson of the Gaughn Company regarding the Victoria Townhouses at 6740 -6861 Grimes Place. Also requesting to appear at this evening's meeting was Mr. Scott Regan representing Osseo /Brooklyn Bus Garage at 4435 68th Avenue North. Mayor Nyquist recognized Mr. William Shutte, owner of four parcels between 6715 and 6721 Humboldt Avenue North. Mr. Shutte stated that he had received a letter from the City Assessor requesting additional information on expenses and rents. Mir. Shutte noted he had already completed information required by the Board of Equalization at a previous meeting and by the City Assessor at a past conference with him. Mr. Shutte inquired as to why the request for additional details was needed when all previously stated requirements had been met. He informed the Board of Equalization that he was appearing to request a reduction in the assessments of his properties. Mr. Shutte submitted and explained a letter prepared by him calculating his 6 -3 -85 -2- interpretation of the market value. He stated that he still did not understand the formula applied by the City Assessor in arriving at a market value. Mr. Shutte said when he purchased the property, the taxes were one -half of what they are now. He blamed the increase on the change in valuation. The City Assessor referred the Board of Equalization to the report prepared for 6715 to 6721 Humboldt Avenue North, PID# 35- 119 -21 -11 -0007, 0008, 0009, and 0010. Fie explained that five comparable small apartment building sales had taken place in Brooklyn Center in 1983 and 1984, with sale prices ranging from $128,500 to $168 000. The City Asses ' � y o stated the Assessor s 1985 market value was determined by using an average gross rent multiplier of 7.64, and an average rent of $359 for two bedroom units in four - plexes. The property value of $131,600 for each building was adjusted to a market value of $121,600. Councilmember Theis asked for clarification of the calculation of the Assessor's 1985 market value, and the City Assessor replied that the amount of the property value was multiplied by the average sales ratio of 92.4% to arrive at the $121,600 market value. Mr. Shutte commented that he did not understand the gross rent multiplier. He added that his rents may be lower than those of buildings from recent sales. Mayor Nyquist asked Mir. Shutte if a buyer looks at the lower rents when planning to purchase a building. Mr. Shutte replied g pl ed that a buyer is much more likely to look at Y Y expenses, and a building is much easier to sell if expenses are met. Mayor Nyquist asked if a potential buyer looks at income, and Mr. Schutte stated that a buyer considers both income and expenses. The City Assessor commented that very few cases exist where an investor does not collect as much rent as possible, and he disagreed with Mr. Schutte's assumption that current owners charge lower rates. Mr. Shutte again asked for clarification of the gross rent multiplier, and the City Assessor again explained it. The City Assessor noted that all factors considered are reflected in rents, and that is why the gross rent multiplier is used. Councilmember Theis asked if the gross rent multiplier was calculated based on 100% occupancy, and the City Assessor replied affirmatively. Councilmember Theis noted that if the average sale price is $140,000, in fact the buildings in question may be undervalued at the original assessed market value of $126,500. The City Assessor replied saying this could be possible, and the owner was given the benefit of doubt in this case. He stated that the most conservative approach had been followed. Councilmember Theis commented that based on the average sales values, he would have problems with diverting from the City Assessor's recommendation. The City Manager noted that all properties had been appraised over the last year and some increases may have occurred. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to accept the City Assessor's recommendation to reduce the 1985 estimated market value on the properties located at 6715, 6717, 6719, and 6721 Humboldt Avenue North, PID/J • 35- 119 -21 -11 -0007 through 0010, from $126,500 to $121,600. Voting in favor: Mayor Nyquist, Couneilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 6 -3 -85 -3- Mr. Schutte asked if he should continue providing information as he had in the past, and the City Assessor replied that information as requested by the Assessor's office should be completed. The City Manager introduced the next appeal, which was from Mr. Steve Anderson who was representing Gaughn Company and appealing the valuation of Victoria Townhouses, 6740 to 6861 Grimes Place. Mr. Anderson stated that the increase in assessed values was inconsistent with the increase in gross rents. Councilmember Lhotka asked why the income approach to valuing the property was used, and the City Assessor replied that when the information is available, the income approach is used. He added that in this case, the information provided was detailed enough to use the income approach. He noted that some variations will occur with the different approaches, and the income approach provided the lowest value. Mr. Anderson asked the City Assessor to explain why other cities arrive at lower assessments. The City Assessor responded saying he does not know what method other cities use, and he has no control over their valuation practices. Councilmember Theis asked how the gross rent multiplier was determined without a rental figure for comparable sales. The City Assessor said the rental numbers were supplied to him, by a data exchange, and they were available for review if needed. Mr. Anderson inquired whether any of the housing units reviewed for comparable sales were low income projects. The City Assessor said he was not aware if they were or not. Mr. Anderson stated that any excess cash flow must be returned to HUD. Therefore, it was Mr. Anderson's opinion that a valid comparison could not be made. Councilmember Theis asked how the original 1985 market value of $1,729, was determined and the City Assessor explained. The City Manager noted that when a detailed appraisal is made, the value may increase, as it did in this case. Councilmember Theis and the City Assessor discussed various methods of valuation. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjust the Assessor's 1985 market value on the property located at 6740 -6861 Grimes Place, PID# 34- 119 -21 -21 -0026 from $1,729,400 to $1,850,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced the next appeal, which was from Mr. Scott Regan who was representing Osseo /Brooklyn Bus Garage and appealing the valuation of the property at 4435 -68th Avenue North. Mr. Regan stated he was appearing before the Board of Equalization this evening because of a 21% increase in market value of the property from 1984 to 1985. He explained the uses of the building, stating no improvements have been made since the purchase. The City Assessor commented that he had reviewed this case earlier and was not aware that Mr. Regan had planned to appear. He reviewed the characteristics of the property in question, emphasizing the under - improvement of land. He stated that the Assessor's office had been conservative in arriving at their valuation. 6 -3 -85 -4- Mr. Regan noted that the building must be located within the school district to accommodate the schools, and the property was one of the few pieces of property available at the time of purchase. He added that the building meets all of the City's requirements. Councilmember Theis and the City Assessor reviewed the valuations of the property and the building. The City Assessor commented that he did not feel the market value was excessive. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjust the Assessor's 1985 market value downward by 5% on the property located at 4435 -68th Avenue North, PID# 34- 119 -21 -22 -0012 from $702,500 to $667,300. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Assessor next reviewed the nonpersonal appeals received by the Assessing Department. He reviewed the following list and recommendations for Council members: Case # 1. Kensington Inv. Co. 6540 Shingle Creek Parkway PID# 35- 119 -21 -14 -0007 1985 EMN - $731,800 Recommendation: $731,800 2. Edstrom Realty PID# 03- 118 -21 -22 -0025 4500 -58th Ave. N. 1985 EMV- $6,700,000 PID# 03- 118 -21 -22 -0027 4539 58th Ave. N. 1985 EMV -$ 300,000 Recommendation: Same as 1985 ENV 3. France Avenue Investments 5001 France Avenue North PID# 10- 118 -21 -24 -0002 1985 EMV - $1,753,600 Recommendation: $1,753,600 4. Chippewa Park Inv. Group PID# 36- 119 -21 -31 -0045 6305 Camden Ave. N. 1985 EMV- $4,874,200 PID/k 36- 119 -21 -24 -0046 6507 Camden Ave. N. 1985 EMV -$ 208,000 Recommendation: Same as 1985 ENV 5. George Kosnites PIEW 36- 119 -21 -42 -0007 201 -65th Ave. N. 1985 EMV -$ 248,900 PIEW 36- 119 -21 -42 -0008 207 -65th Ave. N. 1985 EMV -$ 248,900 PID/t 36- 119 -21 -42 -0009 215 -65th Ave. N. 1985 EMV -$ 248,900 PID/t 36- 119 -21 -42 -0010 6425 Willow Lane 1985 EMV -$ 248,900 PID/t 36- 119 -21 -42 -0011 6417 Willow Lane 1985 EMV -$ 248,900 PID# 36- 119 -21 -42 -0012 6409 Willow Lane 1985 EMV -$ 248,900 PID# 36- 119 -21 -42 -0013 6401 Willow Lane 1985 EMV -$ 248,900 . Recommendation: Same as 1985 ENV 6 -3 -85 -5- 6. Trans America Partners • PIDIt 02- 118 -21 -13 -0024 5715 Morgan and 5712 -48 Morgan 1985 EMV -$ 836,700 PID# 02- 118 -21 -13 -0025 Parking Lot 1985 EMV -$ 95,200 PID# 02- 118 -21 -13 -0026 5710 Morgan 1985 EMV -$ 316,200 PID# 02- 118 -21 -13 -0027 2000 -57th Ave. N. 1985 EMV -$ 110,900 PIDW 02- 118 -21 -13 -0028 1912 -57th Ave. N. 1985 EMV -$ 140,200 Recommendation: Same as 1985 EMV 7. Allied Central Stores 1200 Brookdale PIDIt 02- 118 -21 -32 -0004 1985 EMV - $5,394,400 Recommendation: $5,394,400 8. Gary D. Lyons 6807 -13 -19 Humboldt Ave. PIDIt 35- 119 -21 -11 -0006 1985 EMV - $814,800 Recommendation: $814,800 9. Lowell Zitzloff 4321 -23 - 68th Avenue North PID# 34- 119 -21 -22 -0011 1985 EMV - $226,200 Recommendation: $226,200 10. Twin City Federal 2950 County Road 10 PID/f 03- 118 -21 -14 -0018 1985 EMV - $387,200 Recommendation: $387,200 11. Morton P. Barron 4315 -68th Avenue North PID4t 34- 119 -21 -22 -0010 1985 EMV - $160,500 Recommendation: $160,500 12. Midwest Federal 5545 Xerxes Avenue North PIDYt 03- 118 -21 -41 -0022 1985 EMV - $444,200 Recommendation: $444,200 13. Cigna Real Estate Funds 6300 Shingle Creek Parkway PID# 35- 119 -21 -43 -0007 1985 EMV - $8,556,300 Recommendation: $8,556,300 6 -3 -85 -6- 14. Northwestern National Life Ins. 2810 County Road 10 PID# 02- 118 -21 -23 -0016 1985 EXV - $2,956,700 Recommendation: $2,956,700 15. Brutger Companies, Inc. 6201 Lilac Drive N. 1985 EMT PID# 36- 119 -21 -33 -0091 Unit #101 T58,400 PID# 36- 119 -21 -33 -0092 Unit #102 $62,000 PID# 36- 119 -21 -33 -0093 Unit #103 $62,000 PID# 36- 119 -21 -33 -0094 Unit #104 $62,000 PID# 36- 119 -21 -33 -0095 Unit #105 $62,000 PID# 36- 119 -21 -33 -0096 Unit #106 $62,000 PID# 36- 119 -21 -33 -0097 Unit #107 $62,000 PID# 36- 119- 21- 33 -oo98 Unit #108 $62,000 PID# 36- 119 -21 -33 -0099 Unit #109 $51,700 PID# 36- 119 -21 -33 -0100 Unit #112 $48,700 PID# 36- 119 -21 -33 -0101 Unit #113 $58,400 PIS 36- 119 -21 -33 -0102 Unit #114 $60,200 PID# 36- 119 -21 -33 -0103 Unit #115 $60,200 PID# 36- 119 -21 -33 -0104 Unit #201 $58,400 PID# 36- 119 -21 -33 -0105 Unit #202 $62,000 PID# 36- 119 -21 -33 -0106 Unit #203 $62,000 PID# 36- 119 -21 -33 -0107 Unit #204 $62,000 PIS 36- 119 -21 -33 -0108 Unit #205 $62,000 PID# 36- 119 -21 -33 -0109 Unit #206 $62,000 PIN 36- 119 -21 -33 -0111 Unit #208 $62,000 PIS 36- 119 -21 -33 -0112 Unit #209 $62,000 PID# 36- 119 -21 -33 -0113 Unit #210 $62,000 PIT 36- 119 -21 -33 -0115 Unit #212 $58,400 PID# 36- 119 -21 -33 -0116 Unit #213 $58,400 PID# 36- 119 -21 -33 -0117 Unit #214 $60,200 PID# 36- 119 -21 -33 -0118 Unit #215 $60,200 PID# 36- 119 -21 -33 -0119 Unit #301 $58,400 PIN 36- 119 -21 -33 -0120 Unit #302 $62,000 PID# 36- 119 -21 -33 -0121 Unit #303 $62,000 PID# 36- 119 -21 -33 -0122 Unit #304 $62,000 PID# 36- 119 -21 -33 -0123 Unit #305 $62,000 PID# 36- 119 -21 -33 -0124 Unit #306 $62,000 PID# 36- 119 -21 -33 -0125 Unit #307 $62,000 PID# 36- 119 -21 -33 -0126 Unit #308 $62,000 PID# 36- 119 -21 -33 -0127 Unit #309 $62,000 PID# 36- 119 -21 -33 -0128 Unit #310 $62,000 PID# 36- 119 -21 -33 -0130 Unit #312 $58,400 PID# 36- 119 -21 -33 -0131 Unit #313 $58,400 PID# 36- 119 -21 -33 -0132 Unit #314 $60,200 PID# 36- 119 -21 -33 -0134 Unit #401 $58,400 PID# 36- 119 -21 -33 -0135 Unit #402 $62,000 PID# 36- 119 -21 -33 -0136 Unit #403 $62,000 6 -3 -85 - PID# 36- 119 -21 -33 -0137 Unit #404 $62,000 PID# 36- 119 -21 -33 -0138 Unit #405 $62,000 PID# 36- 119 -21 -33 -0139 Unit #406 $62,000 PID/t 36- 119 -21 -33 -0140 Unit #407 $62,000 PID# 36- 119 -21 -33 -0141 Unit #408 $62,000 PID# 36- 119 -21 -33 -0142 Unit #409 $62,000 PIDfk 36- 119 -21 -33 -0143 Unit #410 $62,000 PID# 36- 119 -21 -33 -0144 Unit #411 $62,000 PIDWt 36- 119 -21 -33 -0145 Unit #412 $58,400 PID# 36- 119 -21 -33 -0146 Unit #413 $58,400 PID# 36- 119 -21 -33 -0147 Unit #414 $60,200 PID# 36- 119 -21 -33 -0148 Unit #415 $60,200 PID/t 36- 119 -21 -33 -0149 Unit #501 $58,400 PID# 36- 119 -21 -33 -0150 Unit #502 $62,000 PIDIf 36- 119 -21 -33 -0151 Unit #503 $62,000 PID# 36- 119 -21 -33 -0153 Unit #505 $62,000 PIDff 36- 119 -21 -33 -0154 Unit #506 $62,000 PID# 36- 119 -21 -33 -0155 Unit #507 $62,000 PIDIt 36- 119 -21 -33 -0157 Unit #509 $62,000 PID# 36- 119 -21 -33 -0159 Unit #511 $62,000 PID# 36- 119 -21 -33 -0160 Unit #512 $58,400 KIV 36- 119 -21 -33 -0161 Unit #513 $58,400 PID# 36- 119 -21 -33 -0162 Unit #514 $60,200 Recommendation: Same as 1985 ENiV 16. Jim Bern Co. 700 -890 - 66th Ave. N. PID# 36- 119 -21 -24 -0047 1985 EMV - $2,600,000 Recommendation: $2,600,000 17. Plitt Theatres 2501 County Road 10 PIDIt 02- 118 -21 -24 -0013 1985 EMV - $761,500 Recommendation: $761,500 18. Robert H. Bradley PIE# 35- 119 -21 -44 -0003 6120 Earle Brown Drive $4,500,000 PID/t 02- 118 -21 -11 -0002 6040 Earle Brown Drive $1,850,000 PID# 35- 119 -21 -11 -0012 1600 -67th Avenue North $2,500,000 PIEW 35- 119 -21 -12 -0003 6800 Shingle Crk. Pkwy $2,750,000 PID# 35- 119 -21 -44 -0002 Vacant Land $ 428,800 Recommendation: Same as 1985 EMV 19. M & E Realty Co. 6215 Brooklyn Blvd. PID# 34- 119 -21 -43 -0006 1985 E1"IV - $550,900 Recommendation: $550,900 There was a motion by Councilmember Theis and seconded by Councilmember Scott to 6-3-85 -8- 8 concur with the staff recommendations regarding the nonpersonal appeals. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion pissed unanimously. The City Assessor reviewed a nonpersonal appeal by Dale M. Stone, 5500 Bryant Avenue North, PID# 01- 118 -21 -31 -0061, with a 1985 market value of $186,900. The City Assessor recommended a decrease in the market value to $165,000. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to accept the City Assessor's recommended 1985 market value of $165,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the Board of Equalization meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Board of Equalization adjourned at 8:35 p.m. Deputy City Clerk Mayor 6 -3 -85 -9- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JUNE 3, 1985 CITY HALL CALL TO ORDER The City Council met in special session at 8:36 p.m. following the Board of Equalization meeting. ROLL CALL Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Also present were City Manager Gerald Splinter, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. RESOLUTIONS RESOLUTION NO. 85 -85 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIAS FOR XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09 (CONTRACT 1985 -G) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -86 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING OFFERS TO ACQUIRE THE EARLE BROWN FARM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. Councilmember Lhotka recommended that item 5 in the resolution be deleted. Upon vote being taken on Resolution No. 85 -86, the following voted in favor thereof: none; and the following voted against the same: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. The motion failed._ There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to amend Resolution No. 85 -86 by deleting item 5. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to 6 -3 -85 -1- adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:41 p.m. Deputy City Clerk Mayor 6• -3 -85 -2- 3 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 10, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Engineer Jim Grube, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, Deputy City Clerk Geralyn Barone. Mayor Nyquist noted that Councilmember Lhotka was out of town and was excused from this evening's meeting. INVOCATION The invocation was offered by Mayor Dean Nyquist. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Hawes requested that items 8, 9i, and 9j be removed from the Consent Agenda. APPROVAL OF MINUTES - MAY 20, 1985 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of May 20, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 85 -87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF MARY REBECCA VONDERHARR The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 6 -10 -85 -1- RESOLUTION NO. 85 -88 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF BILL DONELSON The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE ( 1 ) 14 FOOT ALUMINUM STEP VAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -94 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -B (LIFT STATION IMPROVEMENT PROJECT NO. 1983 -09, PHASE I) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -97 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SHORT - ELLIOTT- HENDRICKSON, INC. FOR THE DESIGN OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT JOHN MARTIN DRIVE AND AT SUMMIT DRIVE Themotion for the adoption of the n b p e foregoing resolution was duly seconded y member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -98 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ORR- SCHELEN- MAYERON AND ASSOCIATES, INC. FOR THE DESIGN OF A WATER UTILITY CONTROL SYSTEM 6 -10 -85 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Snyder Brothers _ Brookdale Shopping Ctr. AMUSEMENT DEVICE - VENDOR B & K Music & Vending 3420 Nicollet Ave. S. Carousel International P.O. Box 307 Theisen Vending Co. 3804 Nicollet Ave. S. FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth 2206 Brookview Dr. Chuck Muer's 2101 Freeway Blvd. Interstate United 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. K -Mart 5930 Earle Brown Dr. K -Mart 3600 63rd Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Num. Num Foods Brookdale Center Service Systems 701 Decatur Northwestern Bell 5910 Shingle Cr. Pkwy. Video Review 5810 Xerxes Ave. N. GARBAGE AND REFUSE VEHICLE LICENSE erg gstrom Trucking 5860 73rd Ave. N. Block Sanitation 6741 79th Ave. N. Mengelkoch Co. 119 NE 14th Street Midwest Grease Buyers, Inc. P.O. Box 26 Robbinsdale Transfer Co., Inc. 5232 Hanson Court Woodlake Sanitary Service 4000 Hamel Road ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE T.G.S. Mechanical 50 Choctaw Circle NONPERISHABLE VENDING MACHINE LICENSE Riviera Tanning Studio 6040 Earle Br. Dr. SIGNHANGER LICENSE Crosstown Sign Co. 10166 Central Ave. NE SWIMMING POOL LICENSE Chippewa Park Investment Group 6507 Camden Ave. N. 6 -10 -85 -3- TEMPORARY ON -SALE NONINTOXICATING LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. Brooklyn Center Jaycees 7254 Dupont Ave. N Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL APPROVAL OF 7100 CORPORATE PLAZA Councilmember Hawes asked if the City Attorney had approved this item. The City Attorney stated that approval had not yet been granted, but would be when an abstract was received. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the final plat of 7100 Corporate Plaza which provides for the combination of the various parcels which comprised the former City Hall site along Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 85 -89 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CALLING A PUBLIC HEARING ON THE ESTABLISHMENT OF A REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING DISTRICT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing the Date for a Public Hearing on a Proposed Housing Program at Brookwood Condominiums. Councilmember Hawes referred to the second paragraph of the resolution, questioning the timing of the public hearing. The Housing Coordinator noted that the date of the public hearing was correct, but the wording of the resolution should state that notice of the public hearing should be published no less than 15 days or more than 30 days prior to the date of the hearing. RESOLUTION NO. 85 -90 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSED HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AND AUTHORIZING PUBLICATION OF NOTICE THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the Execution of a Joint Powers Agreement with the City of Crystal. 6 -10 -85 -4- Councilmember Theis asked what the possibility would be of future reciprocation with the City of Crystal. The City Manager responded that the possibility exists in the future, but there may never be a time when the City of Brooklyn Center would need something. Councilmember Theis agreed with the City Manager. Mayor Nyquist asked if Brooklyn Center would be associated with the City of Crystal if Crystal defaulted. The City Manager said that Brooklyn Center would not be named. RESOLUTION NO. 85 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF CRYSTAL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Housing Coordinator left the meeting at 7:10 p.m. The City Manager introduced a Resolution Authorizing the Transfer of Funds from the Contingency Fund to the Playground Program. He stated that contingency funds would be needed because of the difficulty in changing the programs at this time. Councilmember Scott asked if the employees are placed through the Tree Trust Program. The City Manager responded affirmatively. Councilmember Theis asked if the employees were paid with Brooklyn Center payroll checks. The Housing Coordinator returned to the meeting at 7:15 p.m. The Housing Coordinator responded to Councilmember Theis' inquiry, stating the employees are paid directly through the Tree Trust Program, a corporation that has a contract with Hennepin County. He stated the employees are paid every two weeks and the checks are delivered to the City. Councilmember Theis asked if the City would be involved in funding until the legislature acts. The City Manager responded affirmatively. RESOLUTION NO. 85 -93 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE CONTINGENCY FUND TO THE PLAYGROUND PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 6 -10 -85 -5- The City Manager introduced a Resolution Establishing West Palmer Lake Trail Improvement Project No. 1985 -18 and Accepting Proposal for Construction Thereof. Councilmember Hawes commented that the cost involved for this project seemed like a lot of money for a short stretch of blacktop, and asked if there was fabric underlay planned for this project. The City Engineer stated that there would be a fabric underlay in addition to a gravel base and a granular subgrade. Councilmember Hawes asked how long the trail connection would be, and the City Engineer responded saying it would be 280' long. The City Engineer added that the price of this project was comparable to the amount paid one and one -half years ago for the Evergreen Park area and the Lions Park area improvement projects. Councilmember Hawes asked if a request had been received for this improvement project, and the City Engineer responded saying over the last two seasons a need had developed because of the number of people short cutting through the ball fields. The City Manager noted that staff would prefer to have people use sidewalks instead of walking through the parking lot. The Director of Public Works added that City staff had expected the City of Brooklyn Park to extend the trail, but it was left as a dead end. He said it was unknown when Brooklyn Park would plan on extending their trail, and City staff would prefer not to leave this as a dead end. RESOLUTION NO. 85 -95 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WEST PALMER LAKE PARK TRAIL IMPROVEMENT PROJECT NO. 1985-18 AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Central Park Plaza Improvement Project No. 198+ -10, Phase II and Accepting Proposal for Construction Thereof. He noted the purpose of this project is to provide outdoor faucets to attach hoses in order to water the plants. He added that the Garden Club suggested the faucets are necessary in order to properly maintain the plants. Councilmember Hawes requested clarification of this project. The City Manager stated there are six flower beds, and each flower bed would have a faucet to connect a hose to. Councilmember Hawes stated that he felt this was a great deal of money for this project. The Director of Public Works responded saying quotations had been received from two installers, and a third quotation received was even higher than these two quotations. He noted that a great deal of plumbing is involved in this project. Councilmember Hawes asked why a water storage tank is necessary, and the Director of Public Works said he was advised that it is necessary to get uniform pressure. The City Manager added that the tank would be attached to a shallow well, where the land is harder and more expensive to work with. Councilmember Theis expressed concern that if the water would be coming from a shallow well, the iron content would be the same as that at the City garage. The Director of Public Works noted that the City garage well is 20' deep, and the City Engineer stated this well would be 100' deep. Councilmember Theis asked what the iron content of the water for this project would be, and the City Engineer responded 6 -10 -85 -6- that the iron content had not been tested. Councilmember Theis asked where the location of these faucets would be in relationship to the sidewalks. The City Manager responded saying the sidewalks would not be affected, but the blacktop is in the area. Councilmember Theis asked why these faucets could not be run on the City system, and the City Manager stated it would be more expensive to run the water from the water main. Councilmember Theis asked if the sprinkling system had now been changed at the City garage, and the City Manager responded affirmatively. Y g A RESOLUTION NO. 85 -96 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CENTRAL PARK IMPROVEMENT PROJECT NO. 1984 -10, PHASE II AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEM CIVIL DEFENSE WARNING SIRENS PROPOSALS The City Manager reviewed the proposals before the City Council this evening, and stated that Proposal Two would give the best coverage to the City. Councilmember Theis asked what the current age of the sirens is, and the Deputy City Clerk stated that the sirens are approximately 30 years old. Councilmember Theis questioned the current siren coverage, and the City Manager responded that in the past no comprehensive plan had been developed for the civil defense sirens. Councilmember Theis asked about the capability of the sirens in varyin g weather conditions, and the City Manager responded that weather would have some affect on the siren coverage. Councilmember Hawes noted he had received complaints from residents living in the northwest part of the City. The City Manager stated that the City is not covering as much of an area as was thought in the past. RESOLUTION NO. 85 -104 Member — Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE CONTINGENCY FUND TO EMERGENCY PREPAREDNESS CAPITAL OUTLAY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced An Ordinance Vacating Irving Avenue North as Platted Within the Hellsted Addition. He explained the ordinance is offered for a first reading and provides for vacation of a platted, but never developed 30' wide street right -of -way, i.e. Irving Avenue North from 69th Avenue North to its dead end approximately 490 south of 69th Avenue North. 6 -10 -85 -7- There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Irving Avenue North as Platted Within the Hellsted Addition and to set the public hearing date on the ordinance for July 8, 1985 at 7 :30 p.m. Voting in favor: Mayor Nyquist, Council-members Scott, Hawes, and Theis. Voting against: none. The motion passed. The City Manager introduced An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licenses. He explained the ordinance was first read on May 6, 1985, published in the City's official newspaper on May 16, 1985, and is offered this evening for a second reading. He stated the ordinance provides an additional class of liquor license (Class D) to the ordinance, and it also addresses miscellaneous housekeeping changes and corrections to the City liquor ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licenses. He inquired if there was anyone present who wished to speak at the public hearing. Councilmember Theis questioned the process of timing for when an applicant must have a Class D license. He asked if an applicant would have the same license fee through the end of the calendar year, and the City Attorney responded affirmatively. Mayor Nyquist noted that no one requested to speak at the public hearing and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing. Voting in favor: Mayor Nyquist, Couneilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -09 Member Celia Scott introduced the following ordinance and moved its adoption: i AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 23 of the City Ordinances Regarding On -Sale Intoxicating Liquor License Fees. He explained the ordinance was first read on May 6, 1985, published in the City's official newspaper on May 16 1985, and is offered this evening for a second reading. He explained this ordinance establishes the license fee for the Class D liquor license. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding On -Sale Intoxicating Liquor License Fees. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding On -Sale Intoxicating Liquor License Fees. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 6 -10 -85 -8- ORDINANCE NO. 85 -10 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING ON -SALE INTOXICATING LIQUOR LICENSE FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending the City Ordinance Relating to the Regulating, the Operating, Parking, Storing, Repairing, Servicing, and Maintaining of Vehicles. He explained the ordinance was first read on May 6, 1985, published in the City's official newspaper on May 16, 1985, and is offered this evening for a second reading. He explained this ordinance addresses the issue of vehicles stored on private property which had been previously classified as junk vehicles. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending the City Ordinance Relating to the Regulating, the Operating, Parking, Storing, Repairing, Servicing, and Maintaining of Vehicles. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending the City Ordinance Relating to the Regulating, the Operating, Parking, Storing, Repairing, Servicing, and Maintaining of Vehicles. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -11 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE CITY ORDINANCE RELATING TO THE REGULATING, THE OPERATING, PARKING, STORING, REPAIRING, SERVICING, AND MAINTAINING OF [JUNK] VEHICLES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. PLANNING COMMISSION ITEM PLANNING COM1MiISSION APPLICATION NO. 8501 SUBMITTED BY SILVER LAKE LEASING, REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A_ CAR LEASING OFFICE IN THE COMMERCIAL BUILDING AT 4315 70TH AVENUE 'NORTH The City Manager explained Application No. 011 was recommended for approval by the Planning Commission at its May 23, 1985 meeting. The Director of Planning & Inspection reviewed Application No. 850114, stating the area in question is zoned C -2 for commercial use, and auto rental and leasing are special uses in a C -2 zoning district, so a special use permit is necessary. He added that no cars would be 6 -10 -85 -9- stored at the site, and stated the Planning Commission recommended approval of Application No. 85014 subject to the conditions listed on the information sheet. Councilmember Theis asked if the paper work only would be conducted at this site, and leased cars would be stored only at the auto dealership site. The Director of Planning & Inspection responded that this would be the case. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85014. He inquired if there was anyone in the audience who wished to speak at the public hearing. Mr. Bruce Johnson representing Silver Lake Leasing introduced himself to the City Council. Councilmember Scott inquired about the process for leasing a car. Mr. Johnson stated a credit rating would be checked on a customer, and a car with the options desired would be ordered with a minimum of one year leasing. He added that much of the work consists of phone calls, and stated his was a paper- oriented business with individuals and small corporations as customers. He added at this point the company can handle 150 leases. Mayor Nyquist asked if there was anyone else in the audience who wished to speak at the public hearing. No one else requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 85014. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 85014, subject to the following conditions: 1. There shall be no storage or transfer of vehicles at the site or on the neighboring Legion Club property. Office use only is permitted at 4315 70th Avenue North. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 7 :52 p.m. and reconvened at 8:03 p.m. PUBLIC HEARING ON EWING AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -10 The City Manager stated a notice of the hearing had been published in the official newspaper and all affected property owners had received written notice of the hearing. He stated the City Council must decide on whether or not to order this project, and if ordered, another hearing would be held when costs are known. 6 -10 -85 -10- i The Director of Public Works reviewed a history of the project, presenting a map showing those properties listed on an original petition requesting an improvement project between 67th and 69th Avenues North on France, Ewing, and Drew Avenues North, and on 67th and 68th Avenues North between Drew and France Avenues North. He stated that 50% of those living on the 6800 block of Ewing had signed the petition, and on this basis he was recommending to the City Council that consideration be given only to Ewing between 67th and 68th Avenues North. The Director of Public Works added that following the receipt of the first petition, he received a petition opposing the project, and the second petition contained names of homeowners from the first petition. The City Manager stated that based on the initial petition a hearing had been requested, but since then numerous complaints had been received. Therefore, City staff recommends this improvement project not be considered for construction this season. He added that the petitions are flawed, because common names are on both petitions for and against the project. He added that a public hearing must be held nevertheless. Councilmember Hawes asked if both husband and wife may sign opposing petitions, and the City Manager stated that it would be a valid petition, if so done. The City Manager stated that a simple majority of the City Council is needed for approval of the project if a petition is presented, and if no petition is received a four -to -one vote is necessary. Councilmember Hawes asked if in this case husband and wife had signed opposing positions, and the City Manager stated no one had. Councilmember Theis asked what the length of time between receipt of the first and second petition was. The City Manager responded he was not sure, but the petitions probably had been received within several weeks of each other. Mayor N uist inquired as t h Y yq q o the reason for those who had signed two petitions. The g City Manager responded that he was not sure. He added that in the future, the petition process may not be recommended in order to maintain anonymity. He added the opportunity P exists for misinterpretation when a petition is used. The Director of Public Works stated the original petition received by the Engineering Department was dated March 20 1 8 and the petition opposing g g P , 9 5, P PA g the first petition was received on April 19, 1985. He stated that several people originally signing in favor of the project did not know they were signing for all the streets in the neighborhood, and said these people would not have signed the original petition knowing that the improvement project would only be for one block. Councilmember Theis asked how much information is given to the petition - carrier. The Director of Public Works said the petitioner is able to decide what area they want covered on a petition, and the petition is then made up by the Engineering Department. A cover letter was sent with the new assessment policy along with information describing the proposed improvements. Counter petitions were also sent along and the petition- carrier was told to ask property owners to sign one or the other petition. The Director of Public Works stated that sometimes this procedure is followed, and sometimes it is not. Councilmember Theis asked if the first petition contained the six block area. The Director of Public Works responded saying five separate petitions, including two block areas, and five counter petitions opposed to those improvements in those areas were sent with the petition - carrier. 6 -10 -85 -11- Councilmember Hawes asked how far the improvement project would go past 68th and 69th Avenues North on Ewing Avenue North, and the City Manager replied that the street would be paved just around the radius of the corner. Mayor Nyquist opened the meeting for the purpose of a public hearing on Ewing Avenue North Street Improvement Project No. 1985 -10. Mayor Nyquist recognized a member of the audience who asked if the original petition was signed for several blocks, who had the right to change the petition to a one block area. The City Manager responded that the City Council chose to go block by block. The Mayor recognized another member of the audience who stated he lived on the corner, and wondered if he would be charged again when the other side of the street would be paved. The City Manager stated that the resident would be assessed one time only. Mayor Nyquist recognized Mr. Larry Nelson of 6701 Drew Avenue North, who asked how he would be affected by this project. The City Manager responded that this hearing is on Ewing Avenue North between 68th and 69th Avenues North. Mayor Nyquist recognized a member of the audience who inquired why the person carrying the petition was not educated on the proposals. The City Manager responded that an attempt is made to educate the petition - carrier, but the process is not alway so simple. The member of the audience stated his opinion that it is the responsibility of the City Council to go out with the petitions in order to avoid confusion. The Director of Public Works stated that the original petitioner and the second petitioners were all acting in good faith, as was his office. He added it was a matter of incomplete information being available to the residents. Mayor Nyquist recognized the resident of 6737 Ewing Avenue North who said at no time had he approved of the improvement project. He asked on what basis the City decided to conduct a survey of the residents without justification. The City Manager stated if someone expresses an interest then a short process will be followed. One method is to use a petition which can be very effective, but subject to problems. Mayor Nyquist recognized a member of the audience who predicted a drainage problem would occur if the project were completed. The Director of Public Works stated that if the current project is planned, the existing bituminous gutter across from 69th Avenue North would be removed and replaced with a concrete drain. Mayor Nyquist recognized another member of the audience who stated that although her residence indicates that she had signed the first petition, she had never even seen that petition. Mayor Nyquist addressed the audience, asking all those in favor of the Ewing Avenue North Street improvement project to raise their hand, and one person did so. Mayor Nyquist asked for the number of those opposing the improvement project, and approximately 20 members of the audience indicated their opposition. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the 6­10-85 -12- public hearing. There was a motion by Councilmember Hawes and.seconded by Councilmember Theis to close the public hearing on Ewing Avenue North Street Improvement Project No. 1985- 10. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -99 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TERMINATING PROCEEDINGS FOR EWING AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING FOR DREW AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -11 The City Manager announced that notice of the hearing had been published in the official newspaper and all affected property owners had received written notice of the hearing. The Director of Public Works stated an original petition had been issued with no signatures received. The property owner asked for a new petition to be drawn up for Drew Avenue North between 68th and 69th Avenues North. On this second petition six residents voted in favor of the petition while eight members voted against it. Based on this petition, the Engineering staff presented this proposal to the City Council for consideration and a public hearing had been set for this date. A subsequent petition opposing the improvements on Drew Avenue North between 67th and 69th Avenues North showed no one in favor of installation of the improvements. The Director of Public Works stated he had received a number of calls from property owners stating their objections to the improvements on Drew Avenue North. He added that the original circulator of the petition for the improvement on Drew Avenue North between 68th and 69th Avenues North is no longer in favor of the improvement. Based on these events, the Director of Public Works recommended to the City Council that this project be denied. Mayor Nyquist opened the meeting for the purpose of a public hearing on Drew Avenue North Street Improvement Project No. 1985 -11. Mayor Nyquist recognized Ernie Erickson of 6800 Drew Avenue North who stated this project should be terminated for the same reasons as those given for the Ewing Avenue North Improvement Project. Mayor Nyquist recognized another member of the audience who stated he wished to change his preference from approval to opposition of the project. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Drew Avenue North Street Improvement Project No. 1985- 11. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 6 -10 -85 -13- RESOLUTION NO. 85 -100 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TERMINATING PROCEEDINGS FOR DREW AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -11 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING FOR DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12 The City Manager stated that notice of the hearing had been published in the official newspaper and all affected property owners had received written notice of the hearing. The Director of Public Works noted this project was initiated by a petition of the property owners, and all property owners were offered a chance to sign either for or against the improvement. He added that more than a majority is in favor of proceeding with the improvement project, and therefore this project is recommended for a public hearing tonight. He stated the high cost for construction of this project is due to the very substantial deterioration of the existing roadway caused by a high water table, poor soil, and bad street materials. In order to properly construct a street, the current street must be removed and a totally new bituminous surface replaced at a cost of $92,830. The homeowners will be assessed for a portion of the cost. Mayor Nyquist opened the meeting for the purpose of a public hearing on Dallas Road Street Improvement Project No. 1985 -12. Mayor Nyquist recognized a member of the audience who asked if the new street would hold up even with all of the garbage truck traffic. The City Manager stated the new street is designed to hold five tons, and because drainage has been a problem, it will be corrected with this project. The Director of Public Works added that a valid point was made regarding the garbage trucks, because especially during the spring a problem does exist. He stated the proposed reconstruction would hold up for a goodly amount of time. Mayor Nyquist recognized a member of the audience who asked what amount of time would be necessary to complete the project, and the Director of Public Works responded saying depending on the contractor, the project may take close to one month from start to finish. Mayor Nyquist recognized another member of the audience who asked if some boulevard reconstruction would be involved, and the Director of Public Works stated that some damage may be done to boulevards and driveways, but restoration of the property is included in the contract costs. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Dallas Road Street Improvement Project No. 1985 -12. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 6 -10 -85 -14- ti RESOLUTION NO. 85 -101 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ORDERING DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12, AND PREPARATION OF PLANS AND SPECIFICATIONS THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Theis exited the Council chambers at 9:01 p.m. and returned at 9:03 P.M. PUBLIC HEARING FOR WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13 The City Manager stated notice of the hearing had been published in the official newspaper and all affected property owners had received written notice of the hearing. He added that no special assessments would be involved in this project, which would be at the City's expense. The Director of Public Works presented a map of the area and stated the project was initiated by a property owner, and 50% of the properties abutting Wingard Lane approved of the improvement, and the other five residents did not sign a petition either for or against the project. He stated that the Engineering Department had developed a proposal for construction of a hammerhead turnaround, which will attempt to eliminate the through traffic in the neighborhood. He stated that presently traffic counts indicate over 1,000 vehicles per day use Wingard Lane, and he estimated 90% of this traffic is from outside of the neighborhood. The Director of Public Works reviewed the history of this street, noting it was built in 1958 as a private street, and was accepted in 1961 as a public street. In 1971 a petition was presented to the City for a culdesac as a turnaround, and the City Council denied that proposal because of the high cost of the turnaround. The City would have had to acquire additional right -of -way at that time, but this would not be the case now. He added that following the 1971 proceedings "No Through Traffic" signs had been posted which are still in place, but there are problems of enforcement. Councilmember Hawes asked if any contact had been made with the owner of the northwest end of the street and if so had the owner agreed to close one driveway. The Director of Public Works stated he had been a un ble to contact the property owner but if the City Council recommends this project to proceed, official contact could be made with the property owner. Councilmember Hawes asked if the problem would be transferred to the church property in the area, and the Director of Public Works responded saying the problem could never be totally eliminated. He added the stop light at 71st and Brooklyn Boulevard would receive most of the diverted traffic. Councilmember Hawes stated that drivers will still want to use the church driveway, and the City Manager noted that the church does have a gate, a recognition that a problem already exists. Councilmember Hawes asked if it would be possible to have the northbound traffic on Brooklyn Boulevard turn right onto Wingard Lane, but prohibit vehicles from exiting onto Brooklyn Boulevard from Wingard Lane. The Director of Public Works stated that some costs would be saved, but it would be 6 -10 -85 -15- difficult to stop violators. Councilmember Hawes asked if the church had been contacted, and the Director of Public Works stated it had not. Councilmember Theis inquired what the average residential street has for traffic compared to the 1,000 vehicles per day that travel on this road. The Director of Public Works responded saying the average household generates eight to ten vehicles per day, and Wingard Lane has eight houses with driveways on the street, resulting in an average of 100 vehicles per household per day. He added that a traffic count taken in November of 198 showed 1,250 vehicles per day traveling on Wingard Lane. Councilmember Theis requested a comparison of the type of snow removal problems encountered with the hammerhead as compared to a culdesac. The Director of Public Works stated it is easier for plows to plow a hammerhead as opposed to a culdesac, because it is easy for a plow to follow a pattern on the hammerhead. He said according to former Superintendent of Streets and Parks, Henry Davis, the hammerhead takes approximately one -half as much time as a culdesac to plow. Councilmember Theis asked what type of barricade would be posted at the end of the hammerhead, and the Director of Public Works stated there were several possibilities, including a three to four foot earth mound, landscaping to visually screen off the area, posting of a dead end sign, and possibly the installation of a barricade. Mayor Nyquist opened the meeting for the purpose of a public hearing on Wingard Lane Street Improvement Project No. 1985 -13. Mayor Nyquist recognized Mr. Greg Luchen, the owner as of May 1, 1985 of the northeast corner of Brooklyn Boulevard and Wingard Lane. Mr. Luchen stated he was concerned about having only one driveway open off of Brooklyn Boulevard, because in the winter time he receives three lanes of snow in his driveway from the plowing of Brooklyn Boulevard. He asked how much of his property would be lost due to this improvement project, and the Director of Public Works stated that no use of private property would be involved in this project. Mayor Nyquist recognized Mr. Max Garrett of 4706 Wingard Lane, who noted in the last few years there have been four accidents, of which one has been fatal. He added that not one of those involved lived on Wingard Lane. Mr. Garrett's wife stated that much property damage had occurred on the corner from cars coming around the corner. Mayor Nyquist recognized Mir. Robert Nelson of 7227 Noble Avenue North, who said his driveway is on Wingard Lane, and he had not been approached regarding the improvement project. He did say he is in favor of this project. Mayor Nyquist again recognized Mir. Greg Luchen who said he had rented the property for one year prior to purchasing it, and he had found many dead animals on his property killed by vehicles traveling on Wingard Lane. Mayor Nyquist recognized Ms. Eleanor M:aegi of 4721 Wingard Lane, who stated she is in favor of the improvement project even though she did not sign the petition. She stated that accidents are caused because of the parking on the street, and asked if it is a street that can be parked on. The City Manager stated the City does have an ordinance prohibiting overnight parking, and the ordinance is strictly enforced in late fall and winter. The Director of Public Works stated the width of the street varies from 28 1/2' to 30 He added the City is receptive to parking restrictions if a petition is presented to the City. Mayor Nyquist recognized Greg Luchen who inquired if the woman across the street 6 -10 -85 -16- from him had been notified, and the City Manager stated that she had been notified. Mayor Nyquist recognized another resident who complained that Wingard Lane does not have any street lights. The City Manager stated a block must be 700' long in order to have a street light, but the City will investigate this complaint g � Y g Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -102 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13, AND PREPARATION OF PLANS AND SPECIFICATIONS THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING FOR 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14 The City Manager stated notice of the hearing had been published in the official newspaper and all affected property owners had received written notification of the hearing. The Director of Public Works commented that all property owners favored this improvement project, although the Garden City School did not sign the petition. Mayor Nyquist opened the meeting for the purpose of a public hearing on 65th Avenue North Street Improvement Project No. 1985 -14. Mayor Nyquist recognized Mr. Francis Zins of 3408 -65th Avenue North, who stated he lived across from the apartments at 3407 -65th Avenue North. He stated that severe parking problems exist due to the parties occurring at the apartment building. The City Manager commented that the parking problem can be reviewed as a separate issue by City staff. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on 65th Avenue North Street Improvement Project No. 1985- 14. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -103 Member Celia Scott introduced the following resolution and moved its adoption: 6 -10 -85 -17- RESOLUTION ORDERING 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14, AND PREPARATION OF PLANS AND SPECIFICATIONS THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEM PROPOSED MUNICIPAL GOLF COURSE COST ANALYSIS AND FINANCING PLAN The City Manager stated that based on information received from the Park & Recreation Commission the City recommends the City Council to hold a public hearing on the proposed golf course. Councilmember Theis inquired whether or not the full -time manager of the golf course would be available year round. The City Manager stated that the full- time manager would be available year round, and temporary employees would work at the golf course as seasonal employees. Councilmember Theis asked if the golf course would be open 12 hours a day, and the City Manager responded affirmatively. The City Manager stated the golf course manager would not be at the golf course 12 hours a day every day of the week during the golf season, but would be available on call or other City personnel would be available to the part -time employees. The City Manager added that the cost involved for the part -time personnel are based on experiences of the Roseville and New Hope golf courses. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to schedule a public hearing on the proposed municipal golf course for June 24, 1985. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 9:47 p.m. i Deputy City Clerk Mayor 6 -10 -85 -18- MEMORANDUM ie TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner RE: Performance Guarantees DATE: June 19, 1985 The following performance guarantees are recommended for release: 1. Car -X Muffler Shop 6810 Brooklyn Boulevard Planning Commission Application No. 81023 Amount of Guarantee: $5,000.00 Bond Obligor: Thomas Cook (Owner) Existing $5,000.00 bond is to cover deferred improvements (permanent curb and landscaping) on south portion of site, not completed with the construction of the muffler shop. A new quick lube shop development has been approved for this portion of the site and a new guarantee submitted to cover the proposed site work. Recommend total release of old $5,000.00 bond. 2. Rosemary Terrace 1501 -1555 Humboldt Place Planning Commission Application No. 80030 Amount of Guarantee: $1,500.00 in two letters of credit Obligors: Ed Kauffmann, David Dederichs All required improvements have been installed and nearly all landscaping has survived for at least one year. Recommend total release. A p p r ov by r.ti..,.s Ronald A. Warren, Director of Planning and Inspection Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPMENT PROGRAM FOR YEARS IX AND X TO HENNEPIN COUNTY FOR A CCNSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN ACCORDANCE WITH THE HOUSING AND CO MMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED WHEREAS, the City of Brooklyn Center has executed a cooperation agreement with Hennepin County agreeing to participate in the Urban Hennepin County Community Development Block Program; and WHEREAS, the three year Community Development Program and Housing Assistance Plan has been prepared consistent with the Ccmprehensi.ve Urban Hennepin County Community Development strategy and the Community Development Program regulations; and WHEREAS, three year Community Development Program and Housing Assistance Plan has been subject to citizen review pursuant to the Urban Hennepin County .Citizen Participation Plan; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approve the amendments to program years IX and X as follows: Year IX Projects #001 Acquisition (Homeownership) $227,000 #551 Rehab Private Property 33,991 #826 Contingency 55,575 Year IX Total $316,566 Year X #551 Rehab Private Property $305,637 Year X Total $305,637 That the above projects in the amount of $622,203 be reprogrammed for a new project for the removal of slum and blight through the acquisition of the Earle Brown Farm State Historic site. 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. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: June 21, 1985 V` SUBJECT: CDBG Reprogramming The Brooklyn Center Advisory Group on Block Grants held a public hearing on Wednesday June 19th to discuss the reprogramming of Year IX and X. In fact their actions reconfirmed the recommendation to the Council last September. It is the recommendation of the group to reprogram $520,000 of the CDBG funds for the acquistion of the Farm with the remaining $102,203 being used for the rehab grant program. However, since the meeting I have found that We are not in a position to bill enough rehab grant money before July 1, the deadline, and we run the risk of losing that money. It is my recommendation that all of the money from Years IX and X be committed to the acquisition of the Farm and that we reprogram Year XI's rehab program by adding the $102,203 and taking it from Year XI's Earle Brawn Farm fund. In effect, the Council will be committing the same dollar amounts for each project as recommended by the Citizens Advisory Committee. /'� 6 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING GERALYN BARONE TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement with 13 other communities to form the Northwest Hennepin Human Services Council on December 8, 1975; and WHEREAS, as stated in Article 4, Section 3 of the Joint and Cooperative Agreement of the Northwest Hennepin Human Services Council, Inc., members of the Board of Directors shall be appointed by the governing body of each party; and WHEREAS, a vacancy on the Board of Directors was created with the resignation of Tom Bublitz, former Deputy City Clerk /Personnel Coordinator for the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Geralyn Barone, Deputy City Clerk /Personnel Coordinator be appointed to represent the City of Brooklyn Center on the Board of Directors of the Northwest Hennepin Human Services Council. - 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. /4c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CITY HALL /COMMUNITY CENTER LANDSCAPING PROJECT NO. 1984- 12, PHASE III WHEREAS, pursuant to a written Contract for Improvement Project No. 1984 -12, Phase III signed with the City of Brooklyn Center, Minnesota, Minnesota Tree, Inc. has satisfactorily completed the following improvement in accordance with said contract: CITY HALL /COMMUNITY CENTER LANDSCAPING PROJECT NO. 1984 -12, PHASE III NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $ 9,985.00 $ 9,551.60 2. The value of work performed is less than the original contract amount by $433.40 due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improve- ment under said contract shall be $9,551.60. 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. fay Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER SHINGLE CREEK TRAILWAY LANDSCAPING PROJECT NO. 1984 -15 WHEREAS, pursuant to a written contract for Improvement project No. 1984 -15 signed with the City of Brooklyn Center, Minnesota, Mickman Brothers Nurseries, Inc. has satisfactorily completed the following improvement in accordance with said contract: SHINGLE CREEK TRAILWAY LANDSCAPING PROJECT NO. 1984 -15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $12,872.00 $12,872.00 2. The value of work performed is equal to the original contract. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improve- ment under said contract shall be $12,872.00. 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. RESOLUTION NO. 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. �a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S REPORT, ESTABLISHING SEAL COATING IMPROVEMENT PROJECT NO. 1985 -15, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -H) ------------------------------------------------------- WHEREAS, the City Council has received a report from the City Engineer regarding the feasibility of seal coating various streets in the City at an estimated cost of $120,750; and WHEREAS, the City Council deems it necessary and in the best interests of the city of Brooklyn Center to complete said improvement: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following project is hereby established and ordered constructed: SEAL COATING IMPROVEMENT PROJECT NO. 1985 - 15 3. The plans and specifications for said improvement as prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 4. 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 July 18, 1985, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on July 22, 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. TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: June 20, 1985 RE: 1985 Street Seal Coating Program The 1985 operating budget for the Street Maintenance Division comprehends the expenditure of $120,750 for contract seal coating of approximately 15 miles of local streets within the City. Staff has completed a review of street conditions within the City and we recommend that the seal coating program include 6.3 miles of collector streets and 9.3 miles of local (residential) streets as shown on the attached map. Upon review of the 1984 seal coating program (the first year that street seal coating was placed under contract) staff is satisfied that the needs of the City were met in a timely, efficient manner. Accordingly, staff recommends the continuation of the contractual seal coating of its local streets as provided in the attached resolution. JNG : j n r � �!�!ali,fif!ot�',' i zsi' � �i� ��!!l;a6fi� +���rS[lji;tE��R +iii `�'�ei( 9!(; `i�l ✓ v" L� .... �..`... V �, .f 6 i ie;,t tE a+ ` -° a3 i 1', � !�'t'[i � �� • � �..._ _ ..- - .- ... .. .. .. . •" �� �� -- -- � ".r —_^cr eeaoa rn _ ..mf --- --- .�.. cwrc� P•.a? % / _ \ .}�+�y�le Q i,�ci •� •'A �� a ef' �J� ,. \� -_ �..n. R g. ,.,- K � -. ��� (�• l I �r ilf .� - _ •; -/ i 0' � ; aai a J :� "� . • , ��i 0 � ,. . .' ,. .. . ; ..g n- 3 � \ti `��. • ' i naw M. C) E= � I =.J -J -- O D L f— J O O T d� I �! Cam] *00 � .ry E R`. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12, WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13, AND 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14 (CONTRACT 1985 -K) -------------------------------------------------- WHEREAS, the City Engineer has prepared plans and specifications for Street Improvement Projects Nos. 1985 -12, 1985 -13, and 1985- 14 and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12 WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14 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 July 18, 1985, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on July 22, 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. RESOLUTION NO. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING MUNICIPAL SERVICE GARAGE IMPROVEMENT PROJECT NO. 1985 -21, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -L) ---------------------------------------------------- WHEREAS, the City Engineer has submitted a report regarding the feasibility of replacing the existing fuel dispensing system at the Municipal Service Garage at an estimated cost of $56,930; and WHEREAS, the City Council considers it to be in the best interests of the City to provide for the replacement of said fuel dispensing system at the cost estimated: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following project is hereby established:. MUNICIPAL SERVICE GARAGE IMPROVEMENT PROJECT NO. 1985 -21 3. The specifications for Contract 1985 -L for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 4. Thq 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 July 18, 1985, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on July 22, 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. RESOLUTION NO. 5. Financing for Improvement Project No. 1985 -21 shall be provided through the transfer of $10,000 from Division 40 of the Capital Projects Fund and $55,500 from Division 38 of the Capital Projects Fund to Division 09 of the Capital Projects Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: June 20, 1985 RE: Municipal Service Garage Improvement Project No. 1985 -21 The City awarded a contract for the removal and reconditioning of the three fuel tanks (2- 10,000 gallon and 1- 12,000 gallon) at the former 7- Eleven site at 69th and Humboldt Avenues. That contractual work has been completed and staff has prepared plans and specifications for the removal and disposal of the four existing tanks (1 -8,000 gallon and 3- 10,000 gallon), and installation of the three reconditioned tanks. Also proposed in conjunction with the tank replacement is the installation of a cathodic protection "package" wherein each tank will be protected against corrosion. In addition, the proposal provides for installation of an observation well system that may be monitored regularly to insure that no tank leakage has occurred. Both proposed systems are required by the state to insure that positive steps have been taken to protect the environment. Finally, it is proposed that the existing outdated pump island dispensers be replaced with new dispenser units and that the new units be electrically interconnected with the fuel security system. FINANCIAL CONSIDERATIONS The estimated cost of the proposed project is as follows: Contract $45,000 Contingencies 6,750 Subtotal $51,750 Engineering 4,660 Administration 520 Total $56,930 It is proposed that a separate division be established within the Capital Projects Fund (Division 09) and that the project be financed through the transfer of funds as follows: Division 40 - Municipal Garage Improvements Unencumbered funds available - $15,660 Proposed transfer to Division 09 - $10,000 Note: this leave $5,660 available for use in the installation of a fire alarm system in 1986. June 20, 1985 - Project 1985 -21 Page 2 Division 38 - Evergreen Park /Area Improvements Unencumbered funds available - $116,630 Proposed transfer to Division 09 - $55,500 Note: The City Council had previously transferred $40,000 to this Division from Division 40 when the financing plan was adopted. Essentially, the unused $40,000 is returned for use at the garage, only under Division 09. The resultant unencumbered balance for Division 38 would be $61,130. As a result of these transfers, Division 09 would receive $65,500, or $8,570 more than needed to finance the cost of this project. This amount would be held until all portions of the project have been completed, at which time an appropriate transfer would be made to the Liquor Store fund to reimburse it for the value of the reconditioned tanks from the 7- Eleven Store. (The Liquor Store fund originally paid for tank removal and reconditioning.) The attached resolution which establishes the project and its funding is submitted for City Council review at its June 24th meeting. Respectfully submitted, Recommende 'for Approval, Jim Grube Sy I app City Engineer Director of Public Works Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR XERXES AVENUE NORTH BETWEEN C.S.A.H. 10 AND 170 FEET SOUTH OF 59TH AVENUE NORTH AND 200 FEET NORTH OF 65TH AVENUE NORTH TO BRIDGE NO 27927 OVER F.A.I.94 ----------------------------------------------------- WHEREAS, plans have been prepared by the City Engineer for the bituminous overlay of Xerxes Avenue North between C.S.A.H. 10 and Bridge No 27927 over F.A.I. 94 utilizing Municipal State Aid funds (M.S.A.P. 109 - 110 -09); and WHEREAS, said plans specify that the segments of Xerxes Avenue North between C.S.A.H. 10 and 170 feet south of 59th Avenue North and between a point 200 feet north of 65th Avenue North to Bridge No. 27927 over F.A.I. 94 be maintained and /or reconstructed at widths which require total prohibition of parking along their lengths in accordance with Municipal State Aid rules: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that, effective upon completion of Xerxes Avenue North improvement project M.S.A.P. 10 109- 110 -09 that "No Parking Anytime" regulations are hereby approved for the following segments: 1. Xerxes Avenue North from C.S.A.H. 10 to 170 feet south of 59th Avenue North 2. Xerxes Avenue North from 200 feet north of 65th Avenue North to Bridge 27927. and that said regulations shall be posted on both sides of said segments. 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. TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: June 20, 1985 RE: Xerxes Avenue North Improvement Project No. 1985 -09 On June 14, staff attended a Variance Committee hearing regarding the City's request to use M.S.A. funds for the bituminous overlay of Xerxes Avenue North from C.S.A.H. 10 to F.A.I. 94. In order to be eligible for state aid funding, staff had to successfully present, and defend, its claim that the existing roadway configuration and parking use was acceptable from a design viewpoint. We have received a preliminary indication from MN /DOT that our ',proposal was accepted, and official notification of the approval is forthcoming. Attached herewith are two resolutions submitted for City Council consideration on June 24. Both resolutions must be adopted in order that M.S.A. funding may be used. 1. Resolution establishing no parking along Xerxes Avenue from C.S.A.H. 10 northerly to a point where the single family residential use begins (170 feet south of 59th Avenue) and also along Xerxes Avenue from where the single family residential use ends (200 feet north of 65th Avenue) northerly to F.A.I. 94. 2. Resolution holding MN /DOT harmless of any claim which may arise from receipt of MN /DOT approval to construct or maintain a street configuration which does not conform to M.S.A. standards. Passage of the parking resolution will not affect (or change) the parking use as it exists now. Its passage is strictly a "housekeeping" item needed to meet MN /DOT regulations. The "hold harmless" resolution is also required by MN /DOT as a standard condition relating to the approval of any variance from established M.S.A. standards. Respectfully submitted Recommended for Approval, James N. Grube Sy Knapp City Engineer Director of Public Works Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING CAULKING /SEALANT IMPROVEMENT PROJECT NO. 1985 -22 AND ACCEPTING PROPOSAL FOR COMPLETION THEREOF ------------------------------------------------------- WHEREAS, the City Engineer has reported to the City Council that it is necessary and in the best interests of the City of Brooklyn Center, Minnesota to replace the caulking/ sealant at the Civic Center and the Municipal Garage; and WHEREAS, the City Engineer has received proposals for completion of said work, submitted bids being as follows: Bidder Base Bid Alternate Total Bid - - - - -- -- - - - - -- --- - - - - -- --- - - - - -- Carciofini Caulking Co. $4,490.00 $1,130.00 $5,620.00 Right -Way Caulking, Inc. 6,843.00 1,156.00 7,999.00 A.J. Spanjers Co, Inc. 7,720.00 1,650.00 9,370.00 WHEREAS, the proposal of Carciofini Caulking Company, in the amount of $5,620.00 is the lowest responsible proposal received and the Director of Public Works has recommended that a contract be awarded to said firm in that amount. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: CAULKING /SEALANT IMPROVEMENT PROJECT NO. 1985 -22 2. The proposal of Carciofini Caulking Company, in the amount of $5,620.00, is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into a contract with said firm in that amount. 3. Improvement Project No. 1985 -22 will be financed through the appropriation of funds from the 1985 Budget, Government Buildings Division. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM ANY CLAIMS RESULTING FROM THE ISSUANCE OF A VARIANCE FROM ESTABLISHED STREET WIDTH STANDARDS AS THEY RELATE TO XERXES AVENUE NORTH FROM NORTHWAY DRIVE TO F.A.I. 94 --------------------------------------------------- WHEREAS, the City of Brooklyn Center has petitioned the Commissioner of Transportation for issuance of a variance from existing Minnesota Rules 8820.9919 relating to street width along Xerxes Avenue North between Northway Drive and F.A.I. 94: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that in the event the Commissioner of Transportation issues a variance from Minnesota Rules as herein referenced the City Council indemnifies, saves, a and holds harmless the State of Minnesota an d all its g ents and employees of and from any and all claims, demands, actions, or causes of actions of any nature or character arising out of, or by any reason of, in any manner, the overlay of Xerxes Avenue North from Northway Drive to F.A.I. 94 in any other manner than as a street width of 32 feet with parking on one side in accordance with the Minnesota Rules 8820.9919 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character - arising as a result of the granting of this variance. 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. /9,4 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the of , 1985 at at the City Hall, 6301 Shingle Creek Parkway, to consider amending the City Ordinance Relating to the Filing for Municipal Office. ORDINANCE NO. AN ORDINANCE AMENDING THE CITY ORDINANCE RELATING TO THE FILING FOR MUNICIPAL OFFICE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 29 -401 of the City Ordinances is hereby amended by deleting the [bracketed] material and adding the underlined material: Section 29 -401. FILING FOR MUNICIPAL OFFICE. At least [sixteen (16)] eighteen (18) weeks before the regular election the City Clerk shall cause to be published in the official newspaper a notice of filing for municipal office. The notice of filing shall designate the officer to be elected, the period during which affidavits of candidacy may be filed, and the time and place for filing such affidavits. Not more than [fourteen (14)] sixteen (16) weeks nor less than [twelve (12) ] fourteen (14) weeks before the regular municipal election any person who is eligible and [desiring] desires to [have his name placed on the official ballot as] become a candidate for a mdnici_ a office _ l p shall file [his] an affidavit of candidacy with the City Clerk. The affidavit shall be substantially the same form as required of candidates for state offices. Upon payment of a $5 filing fee to the City Clerk the Clerk shall place the name of the candidate on the official ballot without partisan designation. Section 2. This ordinance shall be effective after adcption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date Brackets indicate matter to be deleted, underline indicates new matter.) [qt+ CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, June 24, 1985 at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway to consider the application described below. TYPE OF REQUEST: Private Kennel License - Note: City Ordinance requires private kennel license where more than two dogs, exceeding six months of age, are kept in a household. APPLICANT: Carolyn E. Duerr ADDRESS OF APPLICANT: 6900 Regent Avenue North BRIEF STATEMENT OF CONTENTS OF APPLICATION: Application for a Private Kennel License to keep three (3) dogs at the residence at 6900 Regent Avenue North in Brooklyn Center. The Applicant has indicated that the dogs will be housed inside the residence at 6900 Regent Avenue North. Respectfully, Gerald G. Splinter City Clerk APPLICATION FOR PRIVATE KENNEL LICENSE CITY OF BROOKLYN CENTER, MINNESOTA TO THE HONORABLE CITY COUNCIL t / Date: 1.� /j Applicann 's Name (Last, First, Middle) CDC( (?D - v`�e G XC)P 1)I 2. Applicant's Address (Num Street, City, State, Zip Code) 3. Address or Legal Description of Proposed Kennel 4. Attach a sketch or drawing with this application describing the construction and operation of the proposed kennel, or, if the animals are to be confined within the family dwelling unit, indicate this on the application. 'u C��� �Gn' u!_ J �G�- -ciJ2[1� ./✓+ -c `v"'"C ��� � a Lt. -�'.. �t�Cl -tc.� 5. Indicate number of animals to be confined within the proposed kennel, together with their age breed and sex 6. PLEASE NOTE: The license fee in the amount of $30.00 must be submitted with this application. Sig7ature of Applicant PLEASE RETURN COMPLETED APPLICATION AND LICENSE FEE TO: City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. DO NOT WRITE BELOW THIS LINE New License Renewal License License Period through License ve Received i CHAPTER 1 - ANIMATES Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: I. Animal Animal means dogs and cats. 2. Animal Control Officer. Animal Control Officer means that person or _ agency designated b the Ci Ma to control the keeping Y Y � ping of animals within Brooklyn Center. 3. At large means an animal that is off the property of its owner and not under restraint. 4• Commercial Kennel. Commercial kennel means any place limited to C2, I -1 Ed zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted, including pet shops, animal hospitals and other similar establishments. 5. Family. - Any of the following definitions shall apply: a. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; b. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; C. A group of not more than five (5) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, keeps, or has custody of an animal in the City of Brooklyn Center. 7• Person. Person means any person, firm, corporation, partnership, P � p P, joint venture or association. 8. Private Kennel means any premises zoned or used for R1 and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as ets and not for in P o selling, boarding, showing, treating, grooming or other commercial purposes. i 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. 1. Dog Licenses. No erson shall own harbor, keep or have p p custody of a dog over six mon i� — age within the City of Brooklyn Center unless a current license for such dog has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License Every person operating or maintaining a private kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a private kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license, each private kennel license, each duplicate license, each renewal license, each impounding penalty, and the late penalty described herein shall be as set forth in Chapter 23 of Brooklyn Center Ordinances. 1. Late Penalty. If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as provided in Chapter 23 of Brooklyn Center Ordinances, provided, however, that any person who acquires a dog after the -start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license, without incurring any late license penalty. 2. Refunds, Prorating, and Transfers. No dog license fee, commercial kennel license fee, or private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferrable. Section 1-104. VACCINATION REQUIRED. The owner of every dog in Brooklyn Center shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1 . Dog License. The application for a dog license shall include the name and address cT the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary medicine showing that the dog has been vaccinated against rabies, the type of vaccine used, and the length of time the vaccination is effective. 1 -105 2. Issuance of Dog License. Upon receipt of the application, the license fee and proof of a rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Replacement of Lost Dog License. If any dog license tag is lost or - stolen, the applicant may oEtain a new ag- by surrending the license payment receipt and by paying the charge for a duplicate license as provided in Chapter 23 of Brooklyn Center Ordinances. 4• Application for Private Kennel License or Commercial Kennel License. Initial application for a private kennel license or a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. 5. Hearing Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for private kennel license and commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the_proceedings. 6. Council Approval. The City Council may approve the private kennel license or commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a private kennel license of a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. 7. Renewal of License. A copy of the private kennel license or commercial kennel license shall be forwarded to the Director of Planning and Inspection who shall maintain a register of kennel licenses. Subject to anytime limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth in Chapter 23 of Brooklyn Center Ordinances, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. 1 -105 8. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the Director of Planning and Inspection and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. Section 1 -106. STANDARDS FOR PRIVATE M1NELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and sha11 be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARDS FOR CO j1ERCIA.L KEATNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1 , Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the dogs can be legally, safely, and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIDTITED. No family or family member shall keep, harbor or have custody of four or more cats exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the cats can be legally, safely, and humanely harbored. Section 1 -110. EUISANCE PROHIBITED. It shall be unlawful for any person 1 -110 to keep animals in any unsanitary condition or in any way which constitutes a nuisance under Chapter 1 of City Ordinances. Section 1 -111 . RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its dog to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City nimal Pound either within Y or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1 -113. ENFORCEMTT PROCEDURES. The Animal Control Officer may capture and impound any dog running at large, and any unlicensed dog. Section 1-114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done p b the owner, g Y and need not be at Y , the pound designated ated b the City, but � if it Y o at the designated gnated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten,by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115 DANGEROUS ANIT1ALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section 1 -106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1 -117. REMIPTION OF IMPOUNDED ANIP -1ALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1 . The license fee for the animal, if the license has not previously been obtained. 2. The late - license penalty, where a license has not been previously 1 -117 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as provided in Chapter 23 of City Ordinances. Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding _ period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in this City, a license shall be obtained by such person before possession of the animal is given to the purchaser. Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center. Section 1 -120. PENALTY. Any person violating the provisions of this ordinance, or any conditions of a license shall upon conviction thereof, , be guilty of a misdemeanor and shall be subject to a fine of not more than J 00 or $7 o i t imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: June 19, 1985 SUBJECT: Public Hearing for Kennel License Attached is the information you requested on the Duerr residence, 6900 Regent Avenue North. rth. In talking o the neighbors, the g g . Y indicate they have seen the police department there numerous times. The records do not indicate this, except I have been informed by the CEO that they have spent considerable time in the urea related to the cases attached. It would appear the Duerr's request for a kennel license is their attempt to resolve the concern the police department has had with them. t CITY OF BROOKLYN CENTER POLICE DEPARTMENT 0 SUPPLEMENTARY REPORT File No. 85 - 02126 Outside Offense IED Yes 21�No Nature of Offense DOG rnm PLAINT Location of Offense 6900 Regent Ave No. � Date Reported 2/10/85 Time: 1621 Dote Committed 2 110/85 Time: 1621 Tntnl Value of Loss NONE Name of Complainant CEO JONES Res. Phone Address of Complainant Rrc)nkl yn Center Ppl i ne De Bus. Phone 561 -5443 City $ State _ Brooklyn Center, , Mn Disposition lOUnfounded 20CIrd by Arrest 30Exc Clyd 40Inactive 5X3Othor Arrests 10Adult 20)uvenile 3C]Both 4[XNone Officer Assigned to Case: joNES Transferred t Supervisor Approved (Disp.): $upr. App. \ Date and Time Repo, Mode 2/10/85 2100 Merle Francis DUERR DOB 6/6/34 MORE THAN TWO DOGS 6900 Regent Ave. No. BC /OR 1 -106 Brooklyn Center, Mn. Citation No. 285 - 033890 -2 ------------------------------------------------------------------------- On November 25, 1984, CEO JONES was dispatched to a complaint of three dogs running at large, at 6901 Quail Ave. No. When CEO JONES arrived in the area, CEO JONES observed that the dogs lived at 6900 Regent Ave. No. At that time CEO JONES spoke to the defendant in regards to his dogs run- ning at large. CEO JONES ADVISED the defendant of the City Ordinances re- garding more than two dogs, leash laws and ordinances on the dogs to be licensed. The defendant at that time stated that two of the dogs were his daughters and that she would be moving from his residence in about a month. CEO JONES then advised the defendant that he had a month them to comply with the ordinances. On February 10, 1985, at approximately 1630 hours, CEO JONES observed three dogs in the driveway of 6900 Regent Ave. No. CEO JONES THEN proceeded to speak with the defendant in regards to his three dogs. In speaking with the defendant JONES advised the defendant that he was receiving a Citation for having more than two dogs. The defendant did stated that he remembers speaking with JONES in regards to the same problem in November of 1985. It should also be noted that CEO NASS DID ADVISE someone at that residence in regards to having more than two dogs. The Case Number that CEO NASS responded to is 84- 15264, which occurred on 10/19/84. SAS � 3 y C " .9416 �� z 7LI! � CITY OF BROOKLYN CENTER POLICE DEPARTMENT SUPPLEMENTARY REPORT Case No. 85 -07481 Outside Offense: Yes No X Nature of Offense: DOG COMPLAINT #9806 Location of Offense: 6900 Regent Ave. No. Date Reported: 5/21/85 Time: 1830 Date Committed: _ 5/21/85 Time: 1830 Total Value of Loss: NONE Name of Complainant: CEO JONES Address of Complainant: Brooklyn Center Police Departm City & State: Brooklyn Center, Mn Res. Phone: Bus. Phone: 561 -5443 Disposition: Unfounded Clyd by Arrest Exc Clyd Inactive Other X Arrests: Adult Juvenile Both None X Officer Assigned to Case: JONES Transferred to: Supr. App. Date and Time Report Made: 5Z21/85 @ 2000 Merle Francis DUERR DOB 6/6/34 MORE THAN TWO DOGS 6900 Regent Ave. No. BC /OR 1 - 106. Brooklyn Center, Mn. Citation 285 035441- 2 -- ------ ---------------- ----- - - - - -- ----- -------- - ---- - - - - -- On May 21, 1985 at approximately 1830 hours, CEO JONES stopped at 6900 Regent Ave. No. Upon arrival JONES spoke with the defendant and his wife in regards to their having more than two dogs. CEO JONES issued a Citation prior to this offense, on February 10, 1985, in reference to Case No. 85- 02126. The defendant did appear in Court on the 7th of March 1985 and was given 60 days to comply with the charge of more than two dogs. The expiration of the 60 days was on the 7th of May 1985. When CEO JONES spoke with the defendant and his wife on the 21st of May, 1985, they still had more than two do n the remises. JONE S was advised s o 9 P sed b the defendant's ant s wife that on the 22nd of May 1985 they were oin to take two 0 9 q f the do which owned b their daughter, g, are ow e y g r, to the Humane Society and have them try and find a home for them. JONES was also shown an application for a Kennel license from the City of Brooklyn Center. It should be noted that the application for a Kennel license was not submitted due to the fact that they were going to take the animals to the Humane Society. Since the 60 days given by the Court had expired CEO JONES issued a Citation to the defendant for "More Than Two Dogs ". JONES SAS - s� BROOKLYN CENTER POLICE DEPARTMENT Supplementary Report File No. �r ature of Offense NOISE ABATEMENT #5312 Location of Offense —n Regent- ATP Nn Date Reported 4/7 /24 Time 4 Date Committed Time d� /7 /Rd Total Value of Loss NQUE Name of Complainant Of f i c r HE NNE S - S Y Age First Middle Last Address of Complainant Rrnnk 1 srn Cent Po 1 ir DP rDartmPnfi City and State Rrnnklvn Center Mn Residence Phone Business Phone Telephone Witness Address Age Residence Business Sat. WEEKS, Officer MOEN Suspect Age Sex Race Ht Wt Bld Clothing Hair SEE ARREST HEADING Address Phone Place of Employment Place Frequented —SEE ARREST uEAnTnTr Vehicle Make Year Body Style Color License No. ID. Marks Yes No Yes No Technician Name Property Inventory } yi Crime Lab Vehicle Impounded t X J Fingerprints Lifted [-� Is Stolen Property Traceable I X I Photos Taken Officer Victim Hospitalized I X I Where: tim Deceased 1 X 1 Who Pronounced: Officer Assigned to Case H PNNFSSY Transferred to Supervisor A pproves: Date and Time Report Made 4/ 9/ 8 4 22 SAS BROOKLYN CENTER POLICE INVESTIGATION REPORT 0 Form 17 NOISE ABATEMENT #5312 84 -05031 Offense z Complainant Officer HENNESSY Address Brooklyn Center Police Department Page 2 Brooklyn Center, Mn. Steven Raymond DUERR DOB 9/17/65 NOISE ABATEMENT 6900 Regent Ave. No. BC /OR 19 -1202 Brooklyn Center, Mn. Citation No. 284 - 010375 -4 ---------------------------------------------------------------------- Officers were called to 6900 Regent Ave. No. on 4/7/84 at approximately 2310 hours in regards to a loud and noisy party. The complaint on this particular evening was that there was people all over the yard and that there were car"less drivers coming and going from the party. Officers had been to 6900 Regent Ave. No. on 4/6/84 at approximately the same time for the same complaint. When Officers arrived there were numerous young people, many of which appeared to be under 18, both in the house and in the yard and street. Officers went into the home and did end up breaking up the party, sending approximately forty to fifty young people out of the 0 home in doing so. Mr. DUERR had indicated to Officers HENNESSY and DIRKS on 4/6/84 that he was nineteen years of age, however, due to the second complaint officer HENNESSY demanded some identification and was then notified that the defendant was only 18 years old. DUERR was informed that he was being cited for Noise Abatement due to the continuing problem and that should he decide to continue to have parties throughout the summer that he would be cited for any additional incidents. DUERR was basically cooperative and Officers were able to break up the party without any major incidents. Signed 7 NNE SSV - Date 4/9/84 SAS Time i ino 3rooklyn Prig. & Adv. Co. Inc. (612) 5614 - PROPERTY 114Vl:t,'1'OItY 0 , RREST : Yes =N J , " ItII:D FROM: BIN ,► LO.r,TI0;7: IN'1AKE DATE:— �— J DFI'ICER(S) ASSIGZ'4r,D 1 CLRSSIFIC`ITION, TYPE: (;:eld for safe keeping - return to owner immcclici',:cl,') J EVIL:"NC E (hold pending court disT.osition and /or further investigation) CO:i:'ISC::^ D (no c.,ar:,es pending- destroy immiediatcly) I'OU:;D (owner unkno::n) (to be red eased .with nrisoncr- ) I, do hereby assert Quantity Denomination Sub Total a clai:;: for the items dcscri:;ed in accordance with Chapter T... of the Ordin- ances of the City of Brcoklyn Center. Signature Date Ohone Address Total: U TY DESCRIPT Red I f 19 4 1 7 s I do hereby acknowledge that I Have received a Jd jjL o f tne a:r,�v�� n�cn:.i oi:e�i hror�•�r t:y. DATE AU ;'iIVRI ZED BY: DATE : I:I: �1:lSIM BY: DATE ALL ON REPORT ECI BROOKLYN CENTER POLICE DEPARTMENT 84 1 5 CALL TVpE LOCATION ('1 UOC (�J VEAR COM PL CJ / NAME LAST, FIRST, MIDD E APT, COMPLAINANT ADDRESS ,^v -' � N ' T�REMRRKS PHONE N / S R GRID 1 UNIT DIST I REC / DISP 00 O O CLASS -ID /'� �{ p- iOW ND. •� / V ;3 / AI- C' / TRANS CMND -AREA F IRE NO, TRANS END SHIFT CLEARED RS / 0 ISN OZ UOC H2 DIS O RP ���.� M E M O R A N D U M TO: Gerald Splinter, City Manager FROM: Kristin Lee, Public Health Sanitarian RE: Private Kennel License at 6900 Regent Avenue North Brooklyn Center, Minnesota, for Carolyn Duerr DATE: June 17, 1985 An inspection was made June 17, 1985, of the Duerr property at 6900 Regent Avenue North, Brooklyn Center, Minnesota. Ms. Duerr has three (3) medium -sized dogs living with her at this time. Two of the dogs belong to her adult daughter who is currently living at home. Two of the dogs spend most of the day leashed to an open garage. The third dog is leashed to a dog house in the drive- way. Feces were being removed from the area two times each week. I did not feel this was sufficient, although the area was clean during my inspection. Consequently, I suggested daily cleanup. The owner agreed to this. The dogs are allowed to run each day in the back yard which is completely fenced with chain link fencing. The animals sleep in the house at night. There did not appear to be a sanitation problem at this address, although I did detect a faint fecal odor near the drive- way. The animals were all clean and seemed healthy. The dogs barked throughout my outdoor inspection. I do not foresee any major problems if a Kennel license is approved at this address. KAL:jt June 18, 1985 City of Brooklyn Center City Council, The city of Brooklyn Center has notified the residents of Brooklyn Center residing7 in the immediate area of 69th egent Ave. N. that the part residing at 6900 Regent. Ave. Nand have y ve applied for a kennel license. ode understand that a kennel lic- ence allows the holder of suc_a a license to have on the place of residence a maximum of 5 dogs and 4 cats. The party residing at 6900 Regent Ave. N. have had 3 dogs living at their residence the past several months. During_ y most day- light hours when someome is home, these dogs are chained outside in the vicinity of the detached garage at this residence; sometimes during inclement weather. Previous to this time they have had 2 dogs chained or tied up for most of the time of their residence, which is for several years. Then chained outside, the dogs have harassed and irritated the immediate area residents and walkr+rzg pedestrians on 69th Ave. N. with barking and intent to attack until restrained by their chains. Furthermore, Judging by the dogs arrogant behavior we that they are properly cared for, that is, fed, watered, or question exercised properly. We believe that a check of complaints on police and humame society records will verify this statement. We voice regret that this subject has surfaced. We all wish be be compatible with our neighbors, but common sense must be addressed. The immediate neighborhood involved is compact and composed of people of varying ages and work habits. the undersigned residents of 69th and Regent Ave. N Therefore, we Erooklyn Center find the issuance of a kennel license to at 6900 Regent Ave. N. totally unacceptable. Party 771 l 1 G 7 �� �L CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, June 24, 1985 at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway to consider the application described below. TYPE OF 0DOUEST: Pri va Kennel Ti r-PPse - TTn-b? - ( y Cr , � , ,1 .. i prn,; rec private kennel license where more than two dogs, exceeding six months of age, are kept in a household. APPLICANT: Carolyn E. Duerr ADDRESS OF APPLICANT: 6900 Regent Avenue North BRIEF STATEMENT OF CONTENTS OF APPLICATION: Application for a Private Kennel License to keep three (3) dogs at the residence at 6900 Rec jent Avenue North in Brooklyn Center. The Applicant has indicated that the dogs will be housed inside the residence at 6900 Regent Avenue North. . Respectfully, A", 4 -5 �� D Gerald G. Splinter City Clerk June 19, 1985 Dear Mro Splinter, • This letta r is in regards to the "Notice of Public Hearing" to be held Monday, June 24th at 7r30pm concerning a request for a Private Kennel License by Carolyn E. Duerr, 6900 Regent Ave N. Many of us are unable to attend this meeting, but have a strong concern a ainst issuance of such a license to this party„ All of us concerned have lived in the neighborhood 14 or more years and have seen years of poor to abusive situations concerning dogs at that address. There has been matters of poor shelter, obvious malnutrition, and inadaquate exercise for the anima?.s.(An Irish setter was skin and bones until death and the humane society had been seen there on occassion.) In the past the dogs have been chained outside in the driveway and bark all night and during the day as people pass on either side of 69th, especially at school children walking to and from Willow Lane and North View Junior High. It is our neighborhood "eyesore ". It is our opinion this would be a poor situation to grant a kennel license. do WP not feel tal e rt pa y involved has shown responsibility in the past towards their property nor their animals. Ide are doubtful if any major changes would be long term.. A brief inspection by you would verify this. Please consider our complaint and do not issue a Private Kernel License. Concerned for the welfare of our neighborhood; Mr and Mrs Paul Kunnick 6836 Regent Ave N. Other Concerned Neighborhood Residents .��)�� %v� 1 kJ `j�� / � /fin- {C__��,_,�- � ^.� ?.. L (� /� - .%C, G"'�c' %'� C J� _Ij �,�. .'•` <' t/G.t''��- ��`' f � '7 t A, j 1 - � t `J I M & C NO. 85 -06 June 7, 1985 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Proposed Municipal Golf Course To the Honorable Mayor and City Council: Attached please find a report from Paul Holmlund to myself relating to the final cost analysis of the proposed municipal golf course. The Parks and Recreation Commission has held a couple of hearings, the last of which was earlier this spring, and is recommending favorable consideration of this project. Our Finance Director and I are recommending the attached financial plan which involves a total cost, very conservatively estimated, at $1,100,000. All the funds would come from the Capital Improvement Projects Fund which is intended for projects similar to this. $600,000 of the costs would be an appropriation or grant to the project and $500,000 would be a loan. This loan would be paid back to the Capital Improvements Fund from golf course revenues. The details of the revenue estimates are contained in Paul's report. Again, I remind you that the expenses in this report, we believe, are overestimated and the revenues are underestimated. We have built in contingencies in each step of the estimating process, and we feel comfortable that we are presenting you a worst case scenario. Even with this very conservative approach the project is feasible. The golf course project proposes to build a par 3, nine hole golf course on the land adjacent to Lion's Park south of Highway 100 and surrounding our water tower at that location. It also proposes to relocate the Little League field on the north end of Lion's Park and reorientate the existing field toward the south end of Lion's Park and create a new complex for the Little League, which will better serve their needs. In return for this relocation and redevelopment we have entered into initial discussions in which the Little League has preliminarily agreed to grant us the land they now own on the north end of Lion's Park. We would recommend that a public hearing be held before the City Council on the proposed golf course project at your next regularly scheduled Council meeting, which is June 24, 1985. Respectfully bmitted, Gerald G. Spli er City Manaer enc. ,i (CCMGCM) TO: Gerald G. Splinter, City Manager FROM: Department of Finance DATE: May 8, 1985 SUBJECT: PROPOSED MUNICIPAL GOLF COURSE COST ANALYSIS AND FINANCING PLAN I have attached a Cost Analysis and Financing Plan for the proposed municipal golf course. This report is based on information contained in the Brauer & Associates Ltd. Inc. report; memorandums prepared by Gene Hagel, former Director of Parks and Recreation; and Jim Grube, City Engineer; and suggested changes made orally by you. In summary, the report shows that the capitalized costs of the proposed par three golf course are projected to be $1,100,000 and that the costs could be financed by a direct transfer of $600,000 and a loan of $500,000, both from the City's Capital Projects Fund. Schedule V of this report shows that, if the loan is approved at an interest rate of no more then 5 %, then the annual excess of operating income over expenses will be sufficient to retire the loan in twenty -one years. The report consists of the following exhibits and schedules: ----------------------------------------------------------- Exhibit A: COST AND FINANCING SUMMARY Exhibit B: PROJECTED OPERATING INCOME AND EXPENSE BY YEAR -- - - - - - -- (This exhibit shows projected income and expense for the first twenty -five years of operations.) Schedule I: SUMMARY OF CAPITALIZED COSTS AND FINANCING --- - - - - - -- (This schedule shows the detail of projected costs as stated in Exhibit A.) , Schedule II: PROJECTED ROUNDS AND REVENUES --- -- - ----- ( This schedule shows the detail of projected revenue as stated in Exhibit B.) Schedule III: PROJECTED OPERATING COSTS - FIRST FULL YEAR ---- -- -- - - -- (This schedule shows the detail of projected operating costs for the first full year as stated in Exhibit B.) Schedule IV: PROJECTED OPERATING COSTS - FIRST ONE -HALF YEAR - ---- - - - --- (This schedule shows the detail of projected operating costs for the first one -half year as stated in Exhibit B.) Schedule V: LOAN AMORTIZATION SCHEDULE ---- - - - - -- ( This schedule shows that the annual excess of income over expense, as shown in Exhibit B, would be sufficient to pay the principal and interest on a $500,000 loan from the Capital Projects Fund and retire the debt in twenty -one years. Respectfully submitted, Paul W. Holmlund Director of Finance (CCMGCFS) BROOKLYN CENTER MUNICIPAL GOLF COURSE Exhibit A PROJECTIONS AS OF MAY 1, 1985 - - - -- COST AND FINANCING SUMMARY - - -- - -- ---- - - - --- - - - - - -- CAPITALIZED COSTS: (Schedule I) Real Estate: Land Development $ 518,800 Club House and Parking 325,300 Little League Modification 112,700 Total Real Estate $ 956,800 Personal Property: Maintenance Equipment 48,800 Equipment for Rental 2,200 Other Equipment 44,030 Total Personal Property 95,030 Inventory (Merchandise for Resale) 8,000 Start -up Costs 30,000 Contingency 10,170 Total Capitalized Costs $ 1,100,000 FINANCING: Direct Transfer from Capital Projects Fund $ 600,000 Loan from Capital Projects Fund (Schedule V) 500,000 $ 1,100,000 (CCMGCIE) BROOKLYN CENTER MUNICIPAL GOLF COURSE Exhibit B PROJECTIONS AS OF MAY 1, 1985 PROJECTED INCOME AND EXPENSE BY YEAR --- - - - - -- - - - - -- - -- - - - - - -- -- - - -- Annual Cumulative Income Over Income Over Year Rounds Income Expense Expense Expense - - - - -- ---- - - - - -- ------ - - - - -- ------ - - - - -- ------ - - - - -- -------- - - - - -- 1987 12,500 $ 58,125 $ 77,800 $ - 19,675 $ - 19,675 1988 25,000 122,500 112,270 10,230 -9,445 1989 27,000 132,300 119,006 13,294 3,849 1990 29,000 149,350 126,147 23,203 27,052 1991 30,000 154,500 133,715 20,785 47,837 5 Years -------------------------------------------------------------------------------- 1992 32,000 172,800 141,738 31,062 78,899 1993 34,000 183,600 150,243 33,357 112,256 1994 35,000 206,500 159,257 47,243 159,499 1995 35,000 206,500 168,813 37,687 197,186 1996 36,000 230,400 178,941 51,459 248,645 10 Years -------------------------------------------------------------------------------- 1997 36,000 230,400 189,678 40,722 289,367 1998 37,000 255,300 201,058 54,242 343,609 1999 37,000 255,300 213,122 42,178 385,787 2000 38,000 281,200 225,909 55,291 441,077 2001 38,000 281,200 239,464 41,736 482,814 15 Years -------------------------------------------------------------------------------- 2002 39,000 327,600 253,832 73,768 556,582 2003 39,000 347,100 269,062 78,038 634,620 2004 40,000 376,000 285,205 90,795 725,415 2005 40,000 396,000 302,318 93,682 819,097 2006 40,000 416,000 320,457 95,543 914,641 20 Years ----- ----------------------------------- - - - - - -- - - - - - -- - -- - - - - -- --- - - - - -- -- - - - - -- 2007 40,000 436,000 339,684 96,316 1,010,957 2008 40,000 436,000 360,065 75,935 1,086,892 2009 40,000 456,000 381,669 74,331 1,161,223 2010 40,000 476,000 404 56 1 9 71 43 1,232,653 2011 40,000 496,000 428,843 67,157 1,299,810 25 Years ----------- - - - - -- - - - - - - -- - - - - - -- - - - -- - -- - - - - -- ----- - - - - -- - - - - -- TOTALS 879,500 $ 7,082,675 $ 5,782,865 $ 1,299,810 $ 1,299,810 ,(CCMGCCC) BROOKLYN CENTER MUNICIPAL GOLF COURSE Schedule I PROJECTIONS AS OF MAY 1, 1985 SUMMARY OF CAPITALIZED COSTS AND FINANCING --- - - - -- - -- --- - - - - -- CAPITALIZED - COSTS Construction Consultant City Engin- City Admini- Item Costs + 10% Fees eering Fees strative Fees Total ------------------- - - - --- ----- - - - - -- ---- - - - - -- ----- - - - - -- ------ - - - - -- ---- - - - - -- Land Development $ 475,900 $ 33,300 $ 4,800 $ 4,800 $ 518,800 Club House /Parking 298,400 20,900 3,000 3,000 325,300 Little League Modification 101,900 2,500 7,500 800 112,700 ---------- ------ - - - - -- ---------- ---- - - - - -- ---- - - - - -- Total Real Estate 876,200 56,700 15,300 8,600 956,800 ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- Maintenance Equipment: Greens Mower - 1 New 10,000 Greens Mower - 1 Used 5,000 Fairway Mower 15,000 Aerator 4,500 Topdresser 3,500 Drag Mat 200 Fertilizer Spreader 100 Hand Mowers (3) 1,500 Soil Shredder 1,000 Utility Vehicle 6,000 Caddy Cart 1,000 Miscellaneous Tools 1,000 Total Maintenance Equipment ~- _ - 48,800 Clubs, 10 sets @ $120 each 1,200 Pull Carts, 20 @ $50 each 1,000 i Total Equipment For Rental 2,200 Flags and Poles 280 Cups 75 Tee Markers 120 Tee Plaques 300 Ball Washers 360 Hole Cutter 80 Cup Setter and Puller 35 Shoe Spike Brushes 80 Rule Signs 200 Receptacles and Benches 500 Club House Concessions Equipment 10,000 Club House Furniture and Fixtures 15,000 Miscellaneous 17,000 - w- -- Total Other Equipment 44,030 Total Personal Property r - - 95,030 Inventory (Merchandise for Resale) 8,000 Start -up Costs 30,000 0- Contingency 10,170 Total Capitalized Costs 1,100,000 LESS DIRECT TRANSFER FROM CAPITAL PROJECTS FUND - 600,000 AMOUNT TO BE BORROWED FROM CAPITAL PROJECTS FUND $ 500,000 (CCMGCRR) BROOKLYN CENTER MUNICIPAL GOLF COURSE Schedule II ----- - - - - -- PROJECTIONS AS OF MAY 1 1985 PROJECTED ROUNDS AND REVENUES ---- - - - - -- - - - - -- - -- -- - - - - -- Other Income Number of Green Green Fee @ $.40 Per Total Year Rounds Fees Revenue Round (Net) Revenue - - --- ---- - - - --- ------ - - - --- ------ - - - - -- ------ - - - - -- ------- - - - - -- 1987 12,500 $ 4.25 $ 53,125 $ 5,000 $ 58,125 1988 25,000 4.50 112,500 10,000 122,500 1989 27,000 4.50 121,500 10,800 132,300 1990 29,000 4.75 137,750 11,600 149,350 1991 30 , 000 4.75 4 7 1 2,500 12,000 154,500 1992 32,000 5.00 160,000 12,800 172,800 1993 34,000 5.00 170,000 13,600 183,600 1994 35,000 5.50 192,500 14,000 206,500 1995 35,000 5.50 192,500 14,000 206,500 1996 36,000 6.00 216,000 14,400 230,400 1997 36 ,000 6.00 216,000 14,400 230,400 1998 37,000 6.50 240,500 14,800 255,300 1999 37,000 6.50 240,500 14,800 255,300 2000 38 ,000 7.00 266,000 15,200 281,200 2001 38,000 7.00 266,000 15,200 281,200 2002 39,000 8.00 i 12 000 1 00 3 5 6 327 2003 39,000 - 8-50 5 331,500 15,600 3 47,100 2004 40,000 9.00 360,000 16,000 3 76000 2005 40,000 9.50 380,000 16,000 396,000 2006 40,000 10.00 400,000 16,000 416,000 2007 7 000 10. 0 � 5 420,000 16,000 436,000 2008 40,000 10.50 420,000 16,000 436,000 2009 40,000 11.00 440,000 16, 000 456 2010 40,000 11.50 460, 000 1 6,000 476,000 2011 40,000 12.00 480,000 16,000 496 - - - - -- ----- - - - --- ------ - - - --- ------- - - - - -- TOTALS 879,500 $ 6, 7 30,875 $ 351,800 $ 7,082,675 (CCMGFOC2) BROOKLYN CENTER MUNICIPAL GOLF COURSE Schedule III PROJECTIONS AS OF MAY 1, 1985 PROJECTED OPERATING COSTS - FIRST FULL YEAR --- - - - - -- --- - - ---- - - - -- - - - ---- - - -- - - -- PERSONAL SERVICES: --------------- -- Salaries - Regular Employees $ 33,600 Salaries - Temporary Employees 35,000 PERA 1,900 Social Security 2,500 --- - - - - -- $ Total Personal Services 73,000 SUPPLIES, REPAIRS, AND MAINTENANCE: ---------------------------------- Office Supplies 400 Operating Supplies, General 5,000 Chemicals and Chemical Products 6,400 Landscape Materials and Supplies 5,000 Motor Fuels 2,000 Small Tools 200 Equipment Parts 400 Equipment Repairs 600 Total Supplies, Repairs, and Maintenance s -- 20,000 COMMUNICATIONS: Telephone 1 X 200 Postage 300 - --- - - - - -- Total Communications 1,500 UTILITIES: Electric Service 1,200 Gas Service 1,000 Water 2,000 Waste Disposal 500 Total Utilities 4,700 OTHER DISBURSEMENTS: ------------------- Insurance 4,500 Total Other Disbursements - -- 4,500 CAPITAL OUTLAY: Equipment Replacement 5,000 Total Capital Outlay 5,000 CONTINGENCY (10% of Non - Personnel Costs): 3,570 ---------------------------------------- TOTAL OPERATING EXPENSES: $ 112,270 (CCMGFOC1) BROOKLYN CENTER MUNICIPAL GOLF COURSE Schedule IV PROJECTIONS AS OF MAY 1, 1985 PROJECTED OPERATING COSTS - FIRST ONE -HALF YEAR PERSONAL SERVICES: Salaries - Regular Employees $ 32,200 Salaries - Temporary Employees 20 PERA 1,300 Social Security 2 Total Personal Services $ 55,800 SUPPLIES, REPAIRS, AND MAINTENANCE: ---------------------------------- Office Supplies 300 Operating Supplies, General 2 Chemicals and Chemical Products 500 Landscape Materials and Supplies 4 Motor Fuels 1,500 Small Tools 300 Equipment Parts 300 Equipment Repairs 400 -- - - Total Supplies, Repairs, and Maintenance 9,800 COMMUNICATIONS: Telephone 1 X 200 Postage 300 Total Communications F - 1,500 UTILITIES: Electric Service 1,500 Gas Service 1,300 Water 19500 Waste Disposal 400 --- - - - - -- Total Utilities 4,700 OTHER DISBURSEMENTS: ------------------- Insurance 4,000 Total Other Disbursements - - - 4,000 CONTINGENCY (10% of Non - Personnel Costs): 2,000 -------------------------------- - - - - -- --- - - - - -- TOTAL OPERATING EXPENSES: $ 77,800 ------------------ - - - - -- --- - - - - -- (CCMGCLS) BROOKLYN CENTER MUNICIPAL GOLF COURSE PROJECTIONS AS OF MAY 1, 1985 LOAN AMORTIZATION SCHEDULE Schedule V - - -- ------ - - - - -- -- - - - - -- ---- - - - - -- (ASSUMING THAT LOAN WILL BE PAID AS FUNDS ARE AVAILABLE) Loan Amount: $ 500,000 Annual Interest Rate: 5% --------------- - - - -- Term: (Years) 21 Beginning Ending Principal Annual Annual Interest Principal Unpaid Principal Year Balance Interest Payment Paid Paid Interest Balance - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- 1 500,000 $ 25,000 $ 0 $ 0 $ 0 $ 25,000 $ 525,000 2 525,000 26,250 0 0 0 26,250 551,250 3 551,250 27,563 4,000 4,000 0 23,563 574,813 4 574,813 28,741 23,000 23,000 0 5,741 580,553 5 580,553 29,028 21,000 21,000 0 8,028 588,581 6 588,581 29,429 31,000 29,429 1,571 0 587,010 7 587,010 29,350 33,000 29,350 3,650 0 583,360 8 583,360 29,168 47,000 29,168 17,832 0 565,528 9 565,528 28 276 8 000 28,276 3 24 0 , 9 0 ,7 555,8 5 10 555,805 27,790 51,000 27,790 23,210 0 532,595 11 532,595 26,630 41,000 26,630 14,370 -0 518,225 12 518,225 25,911 54,000 25,911 28,089 0 490,136 13 490,136 24,507 42,000 24,507 17,493 -0 472,643 14 4 72,643 23,632 55,000 23,632. 31,368 0 441,275 15 441,275 22,064 42,000 22,064 19,936 -0 421,339 16 421,339 21 06 4 000 ,339 7 7 21, 067 52 0 6 40 ,933 3 8, 6 17 368,406 18,420 78,000 18,420 59,580 0 308,826 18 308,826 15,441 91,000 15,441 75,559 0 233,267 1 2 9 33,267 11 ,663 94,000 11 ,663 82,337 0 150 r � II I 20 150, - r 7,547 95,000 7,547 87,453 0 63,477 21 63,477 3,174 66,651 3,174 63,477 -0 -0 - $ 480,651 $ 980,651 $ 392,069 $ 588,582 MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 19, 1985 CITY HALL CALL TO ORDER The Brooklyn Center Park and Recreation Commission met in regular session and was called to order by Chairman Sorenson at 7:30 p.m. ROLL CALL Chairman Sorenson, Commissioners Bloomstrand, Skeels, Peterson and Manson. Also present were Councilmember Bill Hawes, City Manager Gerald Splinter, Director of Parks and Recreation Gene Hagel, Recording Secretary Tom Bublitz and Mr. Paul Fjare of Brauer and Associates. STAFF PRESENTATION OF GOLF COURSE PROJECT The City Manager noted that the research work on the golf course was in a preliminary stage since the City did not want to spend a great amount of money on the project before public input was received. He emphasized that the project is in a feasibility stage. The City Manager then reviewed the history of the proposal for a golf course at the Lions Park West site. He explained there was a concern over what the potential development in the area could be and noted that apartments or some other type of housing was possible on the site. He explained there was a particular concern since approximately 60% of the property is in the flood plain. He added that any development proposed for the area must consider the flood plain when developing. He then explained that the former owner of the property approached the City regarding purchase of the property and after consideration by the Park and Recreation Commission and City Council the City purchased the land for a possible park use and also to control the flood plain. In summary the reasons for the City purchasing the property was to control the flood lain and also to provide an P p opportunity to influence development of the parcel since it was in a critical area. He then reviewed the feasibility work which had been done on the project and which had led up to the Park and Recreation Commission establishing this evenings public hearing. The City Manager then reviewed a site map of the area showing the proposed golf course project and pointed out that the project involves relocating the existing Little League fields. He explained that this had been discussed with the Brooklyn Center Little League and that a preliminary plan had been worked out to relocate the fields. He then introduced Mr. Paul Fjare of Brauer and Associates, and explained that Mr. Fjare's company had prepared the preliminary site plan for the golf course. Mr. Fjare reviewed the golf course plan and noted the preliminary approval by the Little League for the relocation of the existing Little League fields. He explained that with the relocation the fields will have a better north -south orientation and there will be an overall improved control over the ball fields. He then continued his review of the site plan pointing out the proposed location of the clubhouse, putting green and the nine holes of the course. Mr. Fjare then reviewed 2 -19 -85 -1- i the permit process required by the Army Corps of Engineers and the U.S. Fish and Wildlife Service. He explained the Corp was concerned with not harming the flood plain and the U.S. Fish and Wildlife Service was concerned with the preservation of wildlife in the area. He noted that the preliminary plan had received approval from both agencies. The City Manager then briefly reviewed the traffic analysis studies done by the City's Engineering Department and explained that the detailed analysis is available for questions later in the meeting. He then reviewed the proposed financing for the project and noted that the approximate cost is $1 million dollars. He noted there were three possible approaches to financing such a project including revenue bonds, general obligation bonds and internal bonds. He explained that the feasibility study has shown that the project could generally pay for itself within a 15 to 20 year period. He pointed out that one of the problems in external financing is the current poor market for bonds with the interest rates being at a prohibitive level. He explained that if the project is to be approved the staff recommendation is to borrow funds internally from the City's Capital Projects Fund. In summary the City Manager pointed out that the cost estimates along with the revenue projections for the project are quite conservative. He explained the estimates were developed partially by reviewing the actual costs of similar courses in New Hope and Roseville. He explained the course proposed is a Par 3 course and past experience in other cities has shown that such courses attract a significant number of elderly, youth and women golfers. He added that golfers who want the 18 hole long course will of course not use this course. The City Manager stated that should the Park and Recreation Commission recommend the project it would then proceed to the City Council and they would also hold a public hearing on the golf course project. He added that there would be more detail work to be done on the feasibility study should the Park and Recreation Commission act favorably on the project. _ He explained that if the project is approved the project could begin as early as the fall of 1985 and that the earliest opening would be in 1987. QUESTIONS FROM PARK AND RECREATION COMMISSION The Park and Recreation Commission members generally decided to hold their questions until later in the evening to allow the audience an opportunity to speak at the public hearing. Commissioner Bloomstrand did however ask the City Manager what the size of the proposed clubhouse would be. The City Manager explained that the clubhouse is proposed at approximately 2,000 square feet which is somewhere in between the clubhouse sizes at New Hope and Roseville. PUBLIC HEARING Chairmam Sorenson opened the meeting for the purpose of a public hearing on the proposed golf course project and recognized Mr. Larry Propst, 5344 Russell Avenue North. Mr. Propst stated that he believed the golf course proposal was an "idiotic" plan considering a number of factors, including the flood plain and wildlife, in the area. He questioned why the City should go to all the expense of building a golf • course when courses are readily available in the area. Also, he stated that he did not think it was efficient to move -the Little league fields and that the proposed parking should be put closer to the clubhouse. He added that he cannot understand why the City would want to undertake the project and would like to know if a survey of City residents was taken with regard to the plan. The City Manager stated that a survey was done a number of years ago on Park and Recreation facilities and that golf courses were one of the items mentioned in the survey. He reviewed the parking 2 -19 -85 -2- philosophy developed in conjunction with the site plan and noted that the goal was to keep the parking off the street. Mr. Propst then stated that he thought the parking should be located in the area now designated for general skating since there is not much skating done in that area anyway. Mr. Propst then expressed a concern that the parking area was too large and that the City should not tear down the existing ball fields given the fact that they would have to be rebuilt. He also noted the negative affect of the project on wildlife in the area. With regard to the project's affect on wildlife the City Manager explained that the U.S. Fish and Wildlife Service initially rejected the first plan and then accepted a revised plan which allowed for more protection of the wildlife in the area. He then reviewed a transparency scale b which the area was rated for wildlife p Y of Y protection. Mr. Propst then expressed his belief that the course would be a maintenance problem due to its location in the flood plain. The City Manager explained that golf courses are often built on this type of land particularly since other uses would not be acceptable in a flood plain. In i response to a question p q ton from Mr. Larry Lang the City Manager explained that the 100 year flood is a theoretical design level which takes into account that major floods tend to occur approximately every 100 years. Chairman Sorenson recognized Mrs. Jean Messersmith, 5340 Queen Avenue North. Mrs. Me33ersmith stated that she believes Brooklyn Center is more of a blue collar neighborhood and wondered if it was fair to compare the population to New Hope and Roseville. She expressed a concern about the internal financing of the golf course project especially with regard to the deficit at the Federal level and the potential for that being passed down to the local level. She also expressed a concern about the traffic flow particularly with regard to children in the area. She reviewed the areas existing traffic problem including a blind corner at Lilac Drive, speeding in the area and the general "tangle town" maze of traffic in the area. She then noted that parking in the area is definitely needed particularly for Little League games and added that she believes there may not be enough parking shown on the plan for the golf course and Little League activities. She added that in her opinion she does not see a lot of elderly people using this and also suggested that a needs assessment on the olf course r g project be undertaken. In response to Firs. Messersmiths comments the City Manager stated that the City of New Hope is virtually built up in a similar fashion to Brooklyn Center and that it is the thought that this course would parallel the New Hope course in many ways. He explained that there is generally a shortage of golf courses indicated in the northwest area and that he believed New Hope and Roseville are really not that different in population makeup from Brooklyn Center. He explained that it is true the elderly in their 70'3 and 80's would probably not use the project but the 55 and up age group would more than likely be attracted to a Par 3 golf course. With regard to the cost of the project he explained that there is not much in the area of recreation that can pay for itself completely and cited the example of swimming pools and ice arenas. Golf courses he pointed out, are different situations and can pay for themselve over a period of time. He explained that currently bonds are at a 137- to 14% interest rate which is a prohibitively high rate. He explained the interest on the funds borrowed to build the project would not be lost and that a fair return on the money would be received. He explained this could be undertaken no matter what happens to the deficit at the Fedeeal Level. The City Manager then reviewed the traffic counts in the area including the winter time and summer time traffic projections which show a traffic count before and after the proposed golf course. He added that the projects assumed every golfer came to the course in a separate car and that generally golf course traffic is not a peaking type of traffic and is weather sensitive. 2 -19 -85 -3- ti Chairman Sorenson recognized a member of the audience who identified himself as living on Ericon Drive, and commented that he did not see the traffic as a problem and added that he was in favor of the golf course project. He inquired of the City Manager as to how the Little League transfer would be accomplished. The City Manager expalined that it would be possible for the Little League to give the deed to the property to the City and the City would grant a long term lease for the facilities to the Little League. Mr. Tom Shinneck, 5324 Oliver Avenue North, president of the National Little League commented that he believed the project was a tremondous deal for the Little League and that the present field is a maintenance problem. He pointed out that the project would provide brand new facilities for both the major and minor leagues. Chairman Sorenson recognized Mr. Tony Miller who stated that he believed the only comparable course in the area was located in Dayton and that he does not think there is a comparable Par 3 in the area. He added that he believes Brooklyn Center needs this golf course. Chairman Sorenson recognized Mrs. Linda Erikksen who stated that she lives on 55th Avenue North between Oliver and Penn. She stated that she believes the information distributed on the golf course could have been done differently since the flyer did not give a location of the proposed course. She expressed a concern that the area at the bottom of the sliding ill � would be reduced and that sliding would not work with this distance shortened. She also expressed concern with regard to the accessibility of the pedestrian bridge over Highway 100. The City Manager stated that the plan would assure that no obstacles would be put in to obstruct the sliding hill and that the project should not affect the accessibility to the pedestrian crossing. Mrs. Erikksen then expressed a concern that if the golf course is developed the land would be used by a limited few and not be able to be used by the rest of the residents. The City Manager stated that generally ot all r ecreation Y g g Y facilities are used by all _people noting that only certain people play tennis, use nature trails, basketball etc. He then reviewed the area of land and the project area which was left out of the golf course and indicated that the U.S. Fish and Wildlife Service has insisted that as many wild areas as possible be left in the project. Chairman Sorenson recognized Mr. Jerry Sullivan, 613t and Kyle who stated that he is in favor of the golf course project. He stated that he lives next to Kylawn Park which is a wildlife area and indicated that he would be willing to drive to use the golf course so he believed other residents should be able to drive to visit the nature areas in the City. Chairman Sorenson recognized Mr. Lewis Hedlund, 5320 Russell Avenue North who stated that he does not like the traffic situation in the area or the potential parking problem created by relocating the Little League field. He added that he is indifferent to the golf course project but does not like the idea of moving the Little League field. L L Chairman Sorenson recognized Mr. John Russell who stated that he lives in the 5300 block of Lilac Drive. Mr. Russell asked how high the fence would be in front of his home if the project were built. The City Manager replied that it is the intention to leave as much of the existing growth in the area as possible to act as the screen for residences. He added he believed this screening would provide adequate separation. 2 -19 -85 -4- Chairman Sorenson recognized Mr. Frank Slovak who stated that he resides at 55th and Oliver. Mr. Slovak stated that since the proposed course is only a Par 3 golf course he believed it would be difficult if ult to make a profit on the course, especially if senior citizens are given lower rates which is typical at other golf courses in the area. He added that the City of New Hope has extended some of the fairways on their course but that in this course the fairways could not be lengthened. With regard to notice of the golf course project the City Manager noted that the City Manager's Newsletter contained an article on the golf course project and that articles were also in the Brooklyn Center Post. He added that perhaps the City may rely to heavily on the Post for notification and that they will try to do a better job of notifying the residents in the future. Chairman Sorenson recognized a member of the audience residing at 53rd and Lilac Drive who asked how the project would affect property values in the area. The City Manager explained that the project should not affect values too much and that if a persons backyard is located on a golf course generally this would increase property values. Generally, he pointed out that residents could not count on an increase but also certainly should not expect a decrease in property values. Chairman Sorenson recognized Mr. Del Erikksen residing at 55th Avenue North between Oliver and Penn. Mr. Erikksen stated that he believes the relocation of the Little League field was a "sweetheart deal" and that the two new diamonds and parking lot are being built at taxpayer expense. He stated that he believes the location of the project and the golf course will result in several fairways being wet and that in his opinion the only solution is to ditch and dike the area. He added that he does not believe there is a great demand for golf courses in the area especially considering the blue collar nature of Brooklyn Center. He added it is appalling that funds would be taken from the Capital Projects Fund for an "adult playground" and added that it is inappropriate to shift funds for this type of expense. He stated that he moved to Brooklyn Center because the City had a lot of parks and natural areas and that they are being destroyed by development. He added he believes this area is a jewel of a natural resource. He stated he believes the golf course will be fenced off from the community and that the area will be lost or off limits to most people for six to eight months of the year and open to only a few so that no one would be able to appreciate it. The City Manager explained that the acquisition of the Little League's property is worth about the same as the improvement received by the Little League. He explained that the Little League is giving the land to the City and that they are not giving something or getting something for nothing. Also, he pointed out that with regard to financing, industrial development revenue bonds are not appropriate to this type of project and that the City's Capital Improvements Fund is designed to be used for projects like this and that these funds have been used for park construction projects in the past. He then noted that most development in an area is contingent upon private initiative and that the City cannot completely control development. Chairman Sorenson recognized Ms. Irnee McCarther, 55th and Oliver who stated that she thinks Brooklyn Center stands out as the "something more" city and complimented the City on handling the public hearing in the manner they are. She added that she likes the idea of a golf course appealing to the middle aged person and that her main concern was the traffic situation, especially the traffic on Logan, meaning those cars turning at 57th onto Logan rather than making a right turn at Warners Hardware. The City Manager stated he agrees that the corner at 57th and Logan and the entrances 2 -19 -85 -5- ' J to Northbrook are problems and, although this has not been a top priority traffic issue, it should be reviewed. Ms. McCarther also pointed out that the Super America station was proposed to the City as a family business and that in her opinion the current types of magazines sold at the station are not appropriate for a family business. Chairman Sorenson recognized a member of the audience residing at 53rd and Logan who stated that he likes the idea of a golf course in the area, and that the City has spent a lot of money on parks and that he thinks a golf course would be a nice addition. Chairman Sorenson recognized a member of the audience who identified himself as living at 55th and Russell Avenue North, and stated that he believes the traffic problems in the area are the result of teenagers and not problems related to Little League traffic. He added that in over 20 years since he has lived at his home there has never been a flood in the area. Chairman Sorenson recognized Mr. Mike Cant, 53rd and Newton Avenue North who stated that he believes golf is also a younger persons sport and that he thinks the course would help the youth in the area. Chairman Sorenson recognized a member of the audience who identified himself as living at 53rd and Logan Avenue North and who stated that he believes the golf course is a good idea and does not think the traffic will be a problem. He added that he believes the young people living in the neighborhood are the ones creating the traffic problem. Chairman Sorenson recognized Mr. Don Lawrence, 63rd and Orchard Avenue North. Mr. Lawrence stated that he believes the golf course would attract a lot of people and in addition golfers also enjoy nature. Chairman Sorenson again recognized Mr. Larry Propst, 5344 Russell Avenue North. Mr. Propst inquired as to the cost of reconstructing the Little League fields. The City Manager replied the cost would be betwen $75,000 and $30,000 to move the fields including parking. Mr. Propst stated that he does not know what there is to gain by moving the fields and suggested again putting the parking in the general skating area. He then inquired whether the City would survey the community regarding their desires as to a need for a golf course. The City Manager noted that a survey on park facilities had been done in the past but that the Park and Recreation Commission may want to consider this issue. Mr. Propst stated that he believes it would almost be a certainty that the holes on fairways one and two would be flooded. Mr. Paul Fjare of Brauer and Associates explained that five years ago the metropolitan cities experienced two 100 years floods. He explained that the tees and greens would have to be constructed physically higher than the 100 year flood level. He stated that fairways must be used for storage of the 100 year flood level and that the intent would be to elevate the fairways to accomodate the 25.- 50 year flood levels. Mr. Propst then expressed a concern regarding the safety of traffic on Highway 100 with regard to golf balls hitting cars. Mr. Fjare stated that the predominant problem among golfers is a slice and not a hook and this would direct balls away from Highway 100. He explained that the Highway 100 traffic is going with the flow of the 2 -19 -85 -6- - ball but that he is not saying it couldn't happen but it is very unlikely to create any problems with regard to cars. He added that the intent is to achieve control over safety problems by planting additional trees. Chairman Sorenson then recognized Mr. Tom Shinneck who stated that he would like to address a statement made by Mr. Del Erikksen earlier in the meeting. He stated that the Little League fields are not for the exclusive use of the Little League and that the Little League officials do not get paid for their involvement in Little League. He pointed out that the City Manager approached him regarding the fields and stated that the decision was strictly up to the Little League. He added that he believes the gentleman making the statement regarding the arrangements between the City and the Little League should not make statements without knowing the structure of the Little League organization. Mrs. Jean Messersmith inquired as to the populations of New Hope and Roseville in relation to Brooklyn Center. The City Manager replied that Roseville Is population is betwen 38,000 and 40,000, New Hope's is approximately 25,000 and Brooklyn Center's population is 31,000. Mrs. Messersmith then encouraged the Commission to do a needs assessment survey of the City with regard to golf courses. She then inquired if any other uses for the area had been considered. The City Manager replied that this area had never been considered for parks such as the Arboretum or Central Park or the Palmer Lake Nature Area. A resident who identified himself as living on Ericon Drive commented that if the golf course is not approved it could be sold to private interests and sold for commercial and industrial development. Chairman Sorenson recognized Ms. Shirley Block who identified herself as living across the street from the clubhouse parking. Ms. Block inquired as to whether liquor would be available in the clubhouse. The City Manager pointed out that the only consideration for any alcoholic beverages is for 3.2 beer to be sold at the clubhouse. He explained that other courses in the area sold 3.2 beer and that it had not been a problem at these courses. Chairman Soreson recognized Mrs. Torkelson, 53rd and Lilac Drive. Mrs. Torkelson inquired as to who residents should address their concerns to other than the Park and Recreation Commission this evening. The City Manager replied that any concerns should be made in writing to the City Manager's Office and that he would relay these to the Council. He added that he would also notify residents of any Council action on the project. Mrs. Irnee McCarther inquired as to what revenue the 3.2 beer sales would produce. The City Manager replied that the sale of 3.2 beer is not a major revenue producer but is a popular item with golfers. Chairman Sorenson inquired if there was anyone else present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Commissioner Skeels and seconded by Commissioner Bloomstrand to close the public hearing on the proposed golf course project. The motion passed unanimously. Chairman Sorenson commented that the Commission would hold an additional meetin g in 2 -19 -85 -7- March to discuss the project. The City Manager stated that the staff would look at some of the questions raised this evening and respond back to the Commission at their March meeting. The Chairman noted that the next regularly scheduled Park and Recreation Commission meeting is scheduled for March 19. He added that there are problems with Commission members not being able to attend the March 19 meeting and suggested that the next meeting be held on March 26, 1985 at 7:30 p.m. in the Council Chambers. There was a Commission consensus to set the next meeting of the Commission at March 26, 1985 and to discuss the golf course proposal at that meeting. Commissioner Skeels inquired whether there was any possibility that a needs assessment survey could be accomplished. The City Manager stated that a survey could be done but he did not know how valid it would be at this point. ADJOURNMENT There was a motion by Commissioner Manson and seconded by Commissioner Peterson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Park and Recreation Commission adjourned at 9:45 p.m. Chairman 2 -19 -85 -8- MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 2, 1985 CITY HALL CALL TO ORDER Chairman Sorenson called the meeting to order at 7:30 p.m. ROLL CALL Chairman Sorenson, Commissioners Bloomstrand, Skeels, Peterson and Manson. Also present were Councilmember Bill Hawes, City Manager Gerald Splinter, Deputy City Clerk Tom Bublitz, Director of Recreation Arnie Mavis and Mr. Paul Fjare representing Brauer and Associates. APPROVAL OF MINUTES - FEBRUARY 19, 1985 There was a motion by Commissioner Skeels and seconded by Commissioner Manson to approve the minutes of the Park and Recreation Commission meeting of February 19, 1985 as submitted. The motion passed unanimously. REVIEW OF GOLF COURSE PROPOSAL FOR LIONS PARK WEST AREA The City Manager noted he had received four letters regarding the golf course proposal, three in favor and one opposed to the golf course. He stated he would begin his presentation this evening by addressing and reviewing the questions raised at the public hearing held by the Park and Recreation Commission. He proceeded to review a transparency titled Centerbrook Golf Course Financial Data which showed an estimated project cost of 1 million dollars with $600,000 being appropriated from the Capital Improvements Fund and $400,000 as a loan to''the Golf _ Course Enterprise Fund. Additional financial information included in the transparency was the fact that the Roseville and New Hope golf course experience was used to develop revenue and expense projections. Expenses assume a 6% inflation rate and revenue has been conservatively estimated both as to cost per round and number of rounds. The initial cost per round is estimated at $1.25. The transparency also addressed the Brauer feasibility study which stated that there is and will be a shortage of Par 3 golf courses in the Brooklyn Center area and that projected revenue is exceeds expense sufficiently to finance a Capital Improvement Fund loan. Finally, the transparency indicated that all existing metro area Par 3 municipal golf courses are financially successful. He added that in approximately 15 years the 1.5 million dollar loan, both principal and interest payment, would be made. The City Manager then reviewed a transparency showing the location of other golf courses in the metropolitan area and noted that, according to national standards, there is a shortage of courses in the area. The City Manager then reviewed the golf course layout and noted that moving the parking lot would put the parking lot on one of the few areas with good soils. With regard to the survey issue he pointed out that a professional survey of residents regarding their preference for or against the golf course would cost approximately $10,000 and that the validity of any survey would increase with amount of money spent on it. 4 -2 -85 - _1_ The City Manager then reviewed a transparency showing the analysis of the wildlife habitat in the golf course project area both before and after the construction. He explained that the U.S. Fish and Wildlife Service has estimated that the overall habitat value of the golf course would increase after development. With regard to the blue collar issue the City Manager pointed out that interest shown by people in the golf course demonstrates that golf is now a sport that is enjoyed by persons of various occupations and income levels. The City Manager then addressed the fairway flooding issue and requested Mr. Paul Fjare to comment. Mr. Fjare stated that the 100 year flood level will impact on the course; however, the proposal is to raise the tees and greens and clubhouse out of the 100 year flood level. He pointed out the flood can damage the grass and tee areas and that an allowance for this has been put into the maintenance and management costs of the course. He added that the flooding potential situation is not a unique situation on this proposed course. The City Manager then addressed the issue of funding of the golf course regarding relationship to federal and state deficits. He pointed the golf course would have no affect on state and federal funds and that financing of the appropriation portion of the golf course would be obtained from land sales of other public property. Generally, he commented it is not advisable policy to use capital or one time funds, such as might be received from state or federal governments, to use for an operating budget. He also addressed g d essed the issue of the use of the golf course by older persons and noted that the term elderly in this case would imply persons 55 and over. He pointed out the discount to elderly golfers has not had any significant affect on the revenue of other golf courses in the area and usually the discount is given during off peak hours. The City Manager then addressed the issue of the transfer of the land from the Little League and noted that the Little League organization provides a service to the community which the City would probably have to fund if the Little League did not exist. He added that the land donation by the Little League essentially equals the City's contribution to build the fields and maintain the ballfields. He then reviewed the rationale for moving the Little League fields noting that the reason for moving the fields is so that both fields can use the pressbox, one concession stand and generally run a more efficient operation. The City Manager then addressed the issue of the affect of the golf course on property values and explained that the City Assessor has indicated that, with regard to values he would treat a golf course similar to a park, which means that essentially there would be no decrease in property value but only a small increase in assessed value. He added that experience shows that homes located next to a golf course can sell faster than similar homes in other locations. The City Manager also noted that liquor at the clubhouse was discussed at the public hearing and he commented that all other golf courses in the area have 3.2 beer at their clubhouses and none have had any problems with regard to the sale of 3.2 beer. The City Manager then reviewed a transparency showing actual and projected traffic counts related to the golf course construction. The proejcted counts demonstrated an increase in trips per day in the project area; however, there was not a dramatic increase in the number of vehicles per day and it was also pointed out that golf course traffic does not have peak traffic times but is a more even flow throughout the day. Commissioner Bloomstrand inquired as to the 100 year flood level and how many inches of rain this would comprehend. The City Manager explained that the 100 year flood level is a theoretical level which could be realized from rain, spring 4 -2 -85 -2- run -off or other causes. Mr. Paul F jare commented that the 100 year flood level is connected to water in the entire watershed area. The City Manager added that the level is based on Army Corps of Engineer studies and designations in the flood plain. He cited an example of the ballfields in Central Park which are below the 100 year flood level intentionally in order to protect the residential neighborhood surrounding the park. Chairman Sorenson inquired as to how long the golf course could be unplayable with heavy rains. The City Manager stated that this situation would be unusual unless Shingle Creek overflowed. He added that the course would be designed to handle heavy spring rains. Chairman Sorenson then inquired when the course would be ready each spring. The City Manager stated that the course would probably be ready to play on April 10th of each year on an average. The Commission continued its discussion of the golf course and addressed the length of the various holes. Mr. Fjare noted that the shortest hole is 115 yards and the longest is 183 yards. He added that yardage could be added or subtracted and that the course is designed so that you can use all the various irons. Commissioner Skeels inquired as to the financial impact if the course is not constructed this year. The City Manager stated that the cost of construction, inflation and the permitting costs would not prohibit construction the following year. He added that he does not think these factors would change appreciably and that if the Commission feels uncomfortable with approving the course this year he does not think the delay would make the course financially unfeasible. Chairman Sorenson questioned whether or not the course could be used for uses other than golf. The City Manager commented that many courses permit cross country skiing and that it would probably be permitted on this course also but the City would not advertise the use for - this purpose since official designation would require people to obtain a license as required by the State of Minnesota. Chairman Soreson . inquired as to the total cost invested in the land at the current time. The City Manager explained that one parcel was donated to the City by the Dayton- Hudson Corporation, and the City purchased the remaining parcels at approximately $70,000 to $80,000 which costs are included in the total 1 million dollar cost of the project. Chairman Sorenson then asked how many years it would take to pay off the entire cost of the project. The City Manager explained that it would take 30 to 40 years at 10% interest rate and commented that it is difficult to project the total time period since as the course ages there would have to be reinvestments such as repairs to the clubhouse, course etc. Chairman Sorenson recognized Mr. Larry Propst who inquired what the expenses were for the first year. The City Manager explained that the first year expenses do not include principal and interest payments. He added that the payment would be capitalized and that the cost would not be heavy at the frontend. He added that much of the payment would be located towards the end of the bond term. He added that it is similar to a mortgage payment where an individual pays only the interest on the first few years of the mortgage. He noted that expenses are estimated at a 6% inflation rate. He noted that the estimted number of rounds are below the actual experiences of the Roseville and New Hope-courses. He emphasized the fact that the loan portion is not considered in the operating expenses. Mr. Propst then inquired as to the next steps in the process if the Commission approves the golf course proposal. The City Manager stated that the Commission would recommend the project to the City Council and that there would be additional staff time . -ld consultant dollars to provide a more detailed study including more detail on the finances prior to presentation to the City Council. He noted that the Council would then hold a public hearing on the golf course. Mr. Propst stated that he would like to see some type of survey done of the community regarding the golf course and recommended that the Commission pursue and recommend a survey to the City Council. He added that he also had a concern for potential damage to the golf course by vehicles driving on the grounds. The City Manager commented that the golf course would be completely fenced. After continued discussion by the the Commission there was a motion by Commissioner Skeels and seconded by Commissioner Peterson to recommend to the Council that the Council proceed with consideration of the golf course proposal as per the City Manager's recommendations and to prepare the necessary additional information with regard to financing and other pertinent issues related to the golf course construction. In discussion of the motion Commissioner Skeels stated that the City's long term plan for the City's parks, which was prepared many years previous, indicated a preference for a golf course. He added that he believes the course could be built without a burden to the City taxpayers and that the positive aspects of the construction of the course certainly outweigh the negative aspects. Commissioner Peterson commented that the Commission has been studying the golf course for at least 2 years and that it is certainly not something that the Commission has considered lightly for approval. Upon vote being taken the motion passed unanimously. RECESS There was a motion by Commissioner Mayleben and seconded by Commissioner Peterson to recess the meeting. The motion passed unanimously. The Brooklyn Center Park and Recreation Commission recessed at 8:40 p.m. and reconvened at 8:55 p.m. UPDATE ON FINE ARTS COMMITTEE Commissioner Bloomstrand reported that Marsha Griffith, who originally approached the Commission with the Fine Arts Committee concept no longer works for Brookdale and is unavailable to work on the project. The City Manager stated that he believes the Director of Recreation will be recommending the hiring of some part time help to deal with certain program areas, such as volleyball, in order to free up one of the program supervisors to head up the Fine Arts Program. He added that this recommendation would have to be presented to the City Council for approval. The Director of Recreation commented he believes the Fine Arts Program would focus on events at the new Plaza area which would entail making proposals for the 1986 budget. DISCUSSION OF PARK AND RECREATION DIRECTOR RESIGNATION AND DEPARTMENT REORGANIZATION Chairman Sorenson requested the City Manager to review the Park and Recreation Department reorganization upon the previous Park and Rec Director's retirement. The City Manager commented that, prior to the Park and Rec Director's retirement maintenance was directly supervised by the Street and Park Superintendent who reported to the Public Works Director and Director of Parks and Recreation. He explained that with the retirement of Mr. Hagel the maintenance of the parks will still be supervised by the Street and Park Superintendent and that this individual will report directly to the Publ-- Works Director. He commented that both the Director of Recreation and the Director of Public Works will monitor and control the maintenance level in the parks. He added that the same staff will be providing the maintenance in the parks and he noted that he believes the same high quality of park maintenance will continue. DISCUSSION ON EARLE BROWN FARM DEVELOPMENT Commissioner Peterson commented that he had met with the Earle Brown Farm advisory committee last week and that the Committee had been investigating financing for a potential project. The City Manager commented that there are apprarently three options for the Earle Brown Farm area, one being to do nothing, the second being to take an active role and try to find a developer to save the buildings, and the third option being the City's involvement using tax increment financing to assist the project. He added that options two and three can be combined in some fashion. Also he pointed out the City must consider the Minnesota Historical Society since the area has been designated as a historic site. He added that the question is now how much involvement the City should have in the project. KALEIDOSCOPE The City Manager commented that the City will have the golf course layout and plaza area layout on display at Kaleidoscope. He added that the Commission members can call the City offices to arrange times to be present in the booth at Kaleidoscope. ADJOURNMENT There was a motion by Commissioner Bloomstrand and seconded by Commissioner Peterson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Park and Recreation Commission adjourned at 9:28 p.m. 0 Chairperson : -2 -8 -3- Upland M. Planting H Rough Tr # wa; d MaP1• Muul•n oily /�•/ i / I Chae•o n•rrT Autumn Purple Ash a! do. work rry linden Bl Nora 801u60 hH* Pin. - 6 f Mhruau 0.0 —ild Genb ,h r &uriewirrT W flora Einar vlbu.um Colone•at•r m? 01'.611146! 9ru• : N6nluekv alu. j �� (� Perennial Mya - r Ro eh / T _ Fairways And Tees I Trl - lines ewfru u 1t 6 (Mwafwd) r r ® ® i Greens creeping Dantg u .aefia - G C CrwP•rf f a 66nlera f EF I � I Y f 6 Club �.,, �� Mole °e L Par Nouf6 ;� - t a IT, — 3 �a3 100 �; t=:P \ \I� tahbN 8kd8 g —J -- ] 120 e F F I , coterie 61 - y \il a ise 'e 551h Me. N. 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P roene,d CC tj cc 1 it gnrd C.—, • II� Y _ t ..� Ors s, Tees, 0. 1 ... j ,(T'�I M • ./ __ I ,.. parr a, HT• °� 1.11.0 D Iv6 I _ I .+ t C L Mev&n (gwq•t•ted) S nn iy 8 Q �d e' l Fairways And Tae& I tN -P1a, a,wera., —Undisturbed Onem I is of a e:�iw::i otla Bring''. Mouth IM6rgUsled) Fairway. Taw, i 0,06.6 I N ilJtl Tedr klbbd t p,&IIbX add.9 • Ioa .,• Member introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION ESTABLISHING A MUNICIPAL GOLF COURSE ENTERPRISE FUND AND AUTHORIZING AN INTERFUND LOAN WHEREAS, pursuant to a public hearing held on June 24, 1985, the City Council of the City of Brooklyn Center has determined that it is in the best interests of the City to provide for the construction and the operation of a municipal golf course; and WHEREAS, the City Manager has presented to the Council a recommended financial plan for the construction and the operation of a municipal golf course: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that in accordance with that plan: 1. The Director of Finance is directed to establish a Municipal Golf Course Enterprise Fund. 2. An amount of $600,000 is hereby appropriated to the Municipal Golf Course Improvement Project No. 1985 -23, Division 48, of the Capital Projects Fund from the Capital Projects Fund fund balance. 3. An additional amount of $500,000 is hereby appropriated to the Municipal Golf Course Improvement Project No. 1985 -23, Division 48, of the Capital Projects Fund. The additional amount is to be financed from the Municipal Golf Course Enterprise Fund. 4. A loan in the amount of $500,000 at an annual interest rate of 5% is hereby approved from the Capital Projects Fund to the Municipal Golf Course Enterprise Fund. The loan shall be dated at that time when the golf course construction is completed and the Municipal Golf Course Enterprise Fund reimburses the Capital Projects Fund for those construction costs which exceed $600,000. __— --------- �— ___ —___ Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: t RESOLUTION NO. RESOLUTION ESTABLISHING MUNICIPAL GOLF COURSE IMPROVEMENT PROJECT NO. 1985 -23 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BRAUER AND ASSOCIATES, LTD. FOR THE DESIGN OF SAID IMPROVEMENT --------------------------------------------------- WHEREAS, pursuant to a public hearing held on June 24, 1985, the City Council of the City of Brooklyn Center has determined that it is in the best interests of the City to provide for the construction of a municipal golf course: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The proposed improvement shall be established as: MUNICIPAL GOLF COURSE IMPROVEMENT PROJECT NO. 1985 -23 2. The financing plan, as proposed by the City Manager is hereby adopted. 3. Accounting for Improvement Project No. 1985 -23 shall be in Division 48 of the Capital Project Fund. 4. The Mayor and City Manager are hereby authorized and directed to enter into agreement with Brauer and Associates, Ltd. for the design of the municipal golf course at a lump sum fee of $48,820.00, for administration of the bidding procedure at a lump sum fee of $1,900.00, and administration of the construction contract phase at a cost not to exceed $19,950.00. 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. May 31, 1985 City of Brooklyn Center Parks and Recreation Department City Hall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Contract Proposal for Professional Services Lyons Park and Par 3 Golf Course To Whom It May Concern: This letter proposal outlines a scope of services, fee sche- dule and other elements which, if approved, constitutes an agreement between the CITY OF BROOKLYN CENTER, Brooklyn Center, Minnesota, herein referred to as the OWNER, and BRAUER & ASSOCIATES LTD., herein referred to as the CONSULTANT. The OWNER hereby retains the CONSULTANT to provide the landscape architectural, architectural and engineering ser- vices required to complete design development, contract docu- ments, bidding and construction observation for site, structure, and utility development of the facilities in the area (see attached Exhibit A, dated February 14, 1985), hereinafter referred to as the PROJECT. Paul Fjare will serve as the CONSULTANT'S Project Manager for the duration of the PROJECT unless the E grants written permission to the OWN R gra p CONSULTANT to designate another approved representative. A. SCOPE OF SERVICES - Basic Services 1. Meeting(s) with the OWNER to review the final approved master p an, the amended floodway /fringe designations currently being prepared by BARR Engineering, establish an overall PROJECT timeline, and incor- porate additional feedback regarding PROJECT design proposals. Desi n is of all elements 2. (develop cost analy 9 p me t and y of the PROJECT incorporating public feedback gathered including: g red during PROJECT hearings in g: a. GOLF COURSE 9 hole golf course plus putting green ` - 7 sand traps as illustrated on Exhibit A L° % m - Green and sand trap underdrainage - Turf i rri gati on system �- - Seeding, g, sodding and preparation of an OWNER maintenance manual 7901 Flying C't ^­' nrive, Eden Prairie, Minnesota 55344 ❑ (612) 941 -1660 City of Brooklyn Center -2- May 31, 1985 - Plant materials - Fencing of golf course perimeter - Golf course furniture - Golf course card - Storm sewer extension to accomodate relocated hole #1 - Three bridges crossing Shingle Creek. - Relocation of bridge suspended watermain under Shingle Creeek to a similar alignment. b. CLUB HOUSE - Structure program to be developed in cooperation with the OWNER - Structure to total approximately 2,500 square feet - Required utilities to service the structure - Parking lot for approximately 120 cars - Access drive along the southwesterly extension of North Lilac Drive - Required site walks - Seeding, sodding and planting - Final project signage consistent with other OWNER signs on similar municipal projects c. LITTLE LEAGUE FIELD RELOCATION - Relocation of existing little league field to Russell and 54th Ave. location - Two new little league fields to be developed when relocation occurs. - Each field to be equipped with: • perimeter fencing • backstop * two bleachers * common press box to serve both fields * surface -type dugouts - Combination concession stand /storage structure to serve both fields - Expansion of the present parking lot from 30 parking spaces to approximately 70 spaces (see Exhibit A attached) - Seeding, sodding and planting - Field bases and other miscellaneous equipment to furnish the fields - Relocation of bicycle and pedestrian path City of Brooklyn Center -3- May 31, 1985 3. Meeting(s) with OWNER to review design development etails prior to starting final construction docu- ments and specifications. 4. Construction Drawings and Specifications for develop- ment work, and required details complete and ready for bidders for all elements outlined in A -2 above. The OWNER may desire bidding of the PROJECT in more than one phase. If necessary, plans and specifications will be prepared in two or three phases, if such would be advantageous to the overall PROJECT flow. 5. Furnish the OWNER with one check set of contract drawings and specifications of each phase for review and feedback to the CONSULTANT prior to advertisement for bid, if more than one phase occurs. 6. Bidding Procedures which include preparation of advertisements for bids, issuance of drawings and specifications to bidders, clarification of questions by addenda during the bidding period, direction of bidders conference, analysis of bids received, recom- mendations for contract award and assistance in pre- paration of contract documents for each contract awarded. 7. Construction Observation Periodic communication with the Contractor and OWNER, visits to the site on the average of one per week during construction to interpret design intent of the plans and specifica- tions, set up payment schedule, approve shop drawings, make general progress reports, process change orders, and approve field changes. B. FEES FOR PROFESSIONAL SERVICES The OWNER shall compensate the CONSULTANT for completion of professional services described above as follows: 1. For the CONSULTANT'S Basic Services, as described in Paragraphs A -1 through A -5 above, a Lump Sum Fee of FORTY -EIGHT THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($48,820.00), plus all direct PROJECT expenses. 2. For the CONSULTANT'S Basic Services, as described in Paragraph A -6 above, a lump sum fee of ONE THOUSAND NINE HUNDRED DOLLARS ($1,900.00) for each phase of the overall PROJECT, bid separately. City of Brooklyn Center -4- May 31, 1985 3. For the CONSULTANT'S Basic Services, as described in Paragraph A -7 above, a fee to be determined on the basis of the following hourly rates, plus expenses, to an estimated maximum of NINETEEN THOUSAND NINE HUNDRED FIFTY DOLLARS (19,950.00). The maximum fee will be budgeted to coincide with the contractor's anticipated PROJECT completion date. Senior Professionals $60.00 per hour Professionals $50.00 per hour Technician $25.00 per hour C. PAYMENT TO THE CONSULTANT 1. Statements will be submitted to the OWNER on a monthly basis, with a breakdown of time and expenses for services performed, or work completed, through the 25th of the previous month. 2. Payments on account of CONSULTANT'S services are due and payable upon receipt. D. OWNER'S RESPONSIBILITY The OWNER shall make available or allow access to all existing data related to the work and all other data or information which may develop that could impact the deci- sions or recommendations made under this Agreement. The OWNER shall specifically provide where available: 1. Base mapping including an accurate boundary represen- tation with utilities, easements, etc. 2. Identification of any site restrictions. 3. Soil borings and surveys integral to PROJECT require- ments, utilities and other data which describes the general nature and conditions of the site. 4. Topographic mapping of the PROJECT area tied to the boundary survey. 5. OWNER to provide standard City specifications that the OWNER may requi re as a part of the Contract Documents. 6. Reimbursement of all direct expenses including mileage, advertisements, and printing of all plans and specifications required by the PROJECT. City of Brooklyn Center -5- May 31, 1985 7. Additional data or information which will have a bearing on the planning or design conclusions and recommendations of the CONSULTANT. 8. One designated individual with whom the CONSULTANT can meet, receive instructions and deliver infor- mation and coordinate all planning activities. E. TERM, TERMINATION, SUCCESSORS AND ASSIGNS 1. The Term of the Agreement shall be concurrent with the work authorized. 2. Termination may be accomplished by either party at any time by written notice, and shall be effective upon payment in full for all services performed to the date of receipt of such notice. 3. The OWNER and the CONSULTANT each binds itself, its partners, successors, assigns and legal represen- tatives to the other party of this Agreement, and to the partners, successors, assigns and legal represen- tatives of such other party with respect to all cove- nants of this Agreement. 4. Neither th.e OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. F. NONDISCRIMINATION The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, reli- gion, sex, national origin, physical condition or age. The CONSULTANT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical condition or age. Such action shall include but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termi- nation, rates of pay or other forms of compensation and selection for training including apprenticeship. G. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE 1. The CONSULTANT shall maintain time records for hourly fees, design calculations and research notes in legible form and will be made available to the OWNER, if requested. i City of Brooklyn Center -6- May 31, 1985 2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts; from claims for damages because of bodily i includi 9 Y J Y 9 death to his employees and the public, and from claims for property damage. 3. The CONSULTANT shall name the OWNER for this project as a co- insured on the consultants General Liability Insurance Policy and shall provide the OWNER with certificates of insurance for CONSULTANT'S Workmans Compensation Insurance, General Liability Insurance, and Professional Liability Insurance prior to beginning work. 4. The CONSULTANT reserves the right to secure and main- tain statutory copyright in all published books, published or unpublished drawings of a scientific or technical character, and other works related to this PROJECT in which copyright may be claimed. The OWNER shall have full rights to reproduce works under this Agreement either in whole or in part as related to this PROJECT. One co of each drawing shall be PY 9 pro- P vided in reproducible form for use by the OWNER, but the original drawings will remain the property of the CONSULTANT. H. EXTENT OF AGREEMENT AND APPLICABLE LAW 1. This agreement represents the entire and integrated agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations, representations, or agreements, whether written or oral, with respect to the PROJECT. This agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. 2. Unless otherwise specified, this Agreement shall be governed by the law of the principal place of busi- ness of the CONSULTANT. City of Brooklyn Center -7- May 31, 1985 • IN WITNESS WHEREOF the OWNER and the CONSULTANT have made and executed this Agreement, This day of 1985. CITY OF BROOKLYN CENTER Brooklyn Center, Minnesota In presence of: Mayor City Manager BRAUER & ASSOCIATES LTD. In presence of: E e Prairie, Minnesota n aul S. fare, M.L.A. Presiden PSF /jt • June 3, 1985 Mr. Sy Knapp City of Brooklyn Center Parks and Recreation Department City Hall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Lyons Park and Par 3 Golf Course Mr. Knapp: Attached for your review and signature are three (3) copies of a proposal for professional services for the above referenced project. If everything is in order, please return one signed copy, following City Council authorization. As you will note in the contract proposal, it is my intent to serve as the project manager throughout the duration of this contract. We will be using the services of Braun Engineering and Testing to assist us in all phases of soils technology, Minnesota Valley Engineering for on -site utili- ties and pedestrian bridges, and Architectural Design Group for all phases of architecture. We have had considerable experience working with these firms on other projects. I am looking forwa -rd to being a part of yet another quality project in the City of Brooklyn Center. 5 deration. for your consi S_S �IATES LTD. Paul S. Fj re, M.L.A. President PSF /1k Attachments m 7901 Flying Clo, " Eden Prairie, Minnesota 55344 (=1 (612) 941 -1660 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 13, 1985 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners dolly Y lecki, Nancy Manson, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer James Grube and Planner Gary Shallcross. Chairman Lucht stated that Commissioner Lowell Ainas was excused from the meeting. APPROVAL OF MINUTES - MAY 23, 1985 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the May 23, 1985 Planning Commission meeting as submitted. Voting in favor: Commissioner Malecki, Mlanson, Sandstrom and Nelson. Voting against: none. Not voting: Chairman Lucht and Commissioner Bernards, as they were not at that meeting. The motion passed. APPLICATION NO. 85015 (S & G Associates) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for preliminary plat approval to subdivide into two lots the tract of land on which the Earle Brown Farm Apartments is located at 170169th Avenue North. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 85015 attached). The Secretary also explained that the development of the proposed Lot 2 would be subject to site and building plan approval in the future. PUBLIC HEARING (Application No.85015) Chairman Lucht then opened a public hearing and asked the applicant whether he had anything to add. Mr. Clyde Ahlquist of Franke, Riach and Franke, the attorney for S & G Associates, asked how 69th Avenue North is classified as a public street. The Planner stated that 69th was a collector street with a minimum width of 70'. Mr. Ahlquist asked why a 100' right -of -way was being sought. He asked if the classification of the street was being upgraded. The City Engineer explained that 69th Avenue North h would be widened for a ik d ed o b e ath and that a sidewalk and an urban ban boulevard would be provided with future improvements of the roadway. Mir. Ahlquist stated that he felt the reservation of additional right -of -way amounted to a reclassification of the street and asked whether this had to be done by ordinance. rt Regarding the i g g required 5 greenstrip along the east edge of Lot 1, Mr. Ahlquist asked why this was being required if it was not a City ordinance provision. The Secretary explained that the 5' greestrip along an interior property line is a long - standing policy though it is not an ordinance requirement. He explained that the objective of the policy is to have 5' of green area on either side of a property line resulting in a 10' wide green area overall. Mr. Ahlquist stated that the owners of the property would be willing to provide a 10' green area along the west side of the new Lot 2 development. 6 -13 -85 -1- There followed discussion of the idea of establishing 10' of green area along the west property line of Lot 2. Mr. Ahlquist explained that he wished to keep the land within Lot 2 in order to preserve the maximum allowable density for that parcel. The Secretary suggested that a deed restriction requiring a 10' green area along the west property line of Lot 2 be filed with the plat of the property. Chairman Lucht asked Mr. Ahlquist if he understood the need for the 50' right -of- way. Mr. Ahlquist stated that he understood the future plans for the roadway, but did not understand the authority to require additional dedication of right -of -way at this time. Chairman Lucht asked whether he would accept the idea of a deed restriction requiring a 10' green area along the west property line of Lot 2. Mr. Ahlquist answered in the affirmative. Commissioner Manson pointed out that a recent subdivision along 69th Avenue North had required additional right -of -way and a 50' setback for a single- family dwelling. Mr. Ahlquist stated that he did not understand the authority to require that much right -of -way for a collector street. The City Engineer responded that the point could be debated endlessly. He stated that the City had shown good faith in vacating Irving Avenue North right -of -way to the east of the plat for the applicant's benefit. He stated he expected the applicant to recognize the City's good faith request to acquire right -of -way for beneficial improvements to 69th Avenue North in the future. CLOSE PUBLIC HEARING Motion by Commissioner Manson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. ACTION RECOWENDING APPROVAL OF APPLICATION NO. 85015 (S & G Associates) Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend approval of Application No. 85015, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3• The plat shall be modified in the following manner, prior to final plat approval,. a. Additional right -of -way shall be dedicated along 69th Avenue North to provide for a 50' wide street. b. Drainage and utility easements shall be indicated as 5' along interior property lines and 10' along 69th Avenue North. c. The applicant shall file a deed restriction with the plat requiring a 10' wide green area along the west side of Lot 2. 4. Final plat approval is subject to adoption of an ordinance by the City Council vacating the Irving Avenue North half- street east of the subdivision. 5. The applicant shall enter into a standard utility hookup agreement prior to final plat approval. 6. The plat shall receive final approval and filed at the County prior to issuance of building permits for the proposed Lot 2. 6 -13 -85 _2_ Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 85016 (Village Properties) The Secretary then introduced the next item of business, a request for a variance from Section 35 -400 of the Zoning Ordinance to allow a temporary 1' setback off Highway 252 right -of -way and to allow a density variance of two units at the Evergreen Park Apartments, 7200 to 7224 Camden Avenue North. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 85016 attached). The Secretary also noted that the agenda contained copies of letters of intent to acquire the property to the east after the Highway Department declares what is excess right -of -way. The Secretary also pointed out that a letter from MN /DOT had been submitted which skirts the issue of available right -of -way. He stated that this letter is contrary to Condition No. 3 recommended in the staff report. He stated that he felt the condition is necessary and that the applicant should work out with MN /DOT some definite arrangement for acquisition of adequate right -of -way. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Ken Solie of Village Properties stated that the problem was getting the State to agree to give up 50' of excess right -of -way. He pointed out that the ordinance allows for a ` 40' setback if mitigating circumstances such as a marginal access street or noise wall or berm were provided within the right -of -way area. The Secretary explained the ordinance referred to by Mr. Solie, footnote 10 from Section 35 -400. He added, however, that he did not think MN /DOT would be constructing a frontage road or a noise wall. Mr. Jerry Cowan, also with Village Properties, stated that MN /DOT was planning to construct a 6' berm within the right -of -way. He went on to discuss various problems of getting the state to commit to a future scenario. Fir. Solie asked that any variance action be flexible enough to help in their negotiation with the State. The Secretary stated that there was no assurance that a noise wall or berm would be built. Chairman Lucht asked whether it might be appropriate to amend Condition No. 3 to allow a 40' setback if a berm were provided. The Secretary stated that the basis for the variance is that the required setback will ultimately be met. Mr. Solie again stated that he was looking for flexibility in dealing with the State. The Planner pointed out that if the State is unwillingly to commit to returning 50' of excess right -of -way, they may be unwilling to commit to turning back 40' as well. In this case, he stated, there would be no basis for a temporary variance. MT. Solie suggested that perhaps the State could be persuaded to build a noise wall in this area. There followed a discussion regarding the problems of negotiating with the State and meeting the requirements of the City for a variance. The applicant stated that they were left with very little negotiating room between the requirements of the two governmental units. Mr. Cowan asked whether a permanent variance could be granted. The Secretary stated that that would be a separate question and would have to be evaluated on the basis of the Standards for Variances contained in the Zoning Ordinance. There followed further discussion regarding recommended Condition No. 3 and the difficulty of dealing with the State. Mr. Solie stated that if a 40' setback with a noise wall would be allowed, this might add flexibility to the negotiation with the State. There was discussion regarding allowing this under Condition No. 3• 6 -13 -85 -3- PUBLIC HEARING (Application No 85016) i�an Lucht then opened the meeting for a public hearing. He noted that there was no one besides the applicant to speak on the application and called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Commissioner Manson asked whether people living in the building at present would have to leave and new tenants would come in. Mr. Cowan answered in the affirmative and added that those tenants would get relocation benefits as well. ACTION RECMIMENDING APPROVAL OF APPLICATION NO.85016 (Village Properties) Motion by Commissioner Sandstrom seconded by Commissioner Manson to recommend approval of Application No. 85016, subject to the following conditions: 1. The variance is justifiable on the basis of a physical hardship created by the highway taking and the public interest in preserving real property, and is not justifiable on the basis of the owner's financial interests alone. 2. The applicant shall secure from the relevant parties the repurchase rights to any excess right -of -way to the east of the Evergreen Park Apartments property, prior to the issuance of permits for relocation of the 7212 building. 3• The applicant shall submit, prior to the issuance of permits for building relocation, a letter from MN /DOT acknowledging that there is adequate excess right -of -way and /or potential mitigating improvements in the future to provide for required ordinance setbacks. 4. The applicant shall submit for review and approval by the Planning Commission and City Council a site and building plan application for the property with new building and parking locations and any other site modifications comprehended, prior to the issuance of permits for relocation and reconstruction. 5. In the event that the 7212 building is "substantially destroyed" by the attempted relocation, the density variance shall be voided and any new construction shall conform to the density limitations of the Zoning Ordinance. 6. Following construction of the new Highway 252, the applicant shall acquire the excess right -of -way immediately to the east of the apartment complex and maintain the area in a manner consistent with the proposed site plan and the Housing Maintenance and Occupancy Ordinance. 7. The applicant shall enter into an agreement with the City, in a manner approved by the City Attorney, assuring that they will acquire excess right -of -way from the MN /DOT and shall combine this property to the Evergreen Apartment complex through platting or registered ?and survey. Said agreement shall be filed with the title to ` property prior to issuance of permits for relocation or remo:•.._�ing. _ _72_sz� -4- Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom and Bernards. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 8:45 p.m. and resumed at 9:05 p.m. DISCUSSION ITEM Tax Increment Plan for the Earle Brown Farm Following the recess, the Secretary briefly introduced a discussion of a tax increment financing plan and redevelopment plan for the Earle Brown Farm. He noted that the plan had only been given to the Commission that evening and encouraged the Commisson to review it over the next two weeks. He pointed out that the Tax Increment District proposed in the plan was much smaller than originally contemplated about three months ago. He stated that the Commission's primary responsibility is to comment on the land use aspects of the proposed plan and any other comments it wished to make. Commissioner Sandstrom asked whether the City was going to buy the Earle Brown Farm. Mr. Brad Hoffman, Administrative Assistant in the City Manager's office, stated that it depends on the present owner of the property Mr. Deil Gustafson. He stated that the City had made an offer for the property that Mr. Gustafson thinks is inadequate. Mir. Hoffman reviewed with the Commission the new district boundaries: the freeway on the north, Shingle Creek Parkway on the west, John Martin Drive on the south and Earle Brown Drive on the east. He stated that the development concept was to build 269 apartment units on the Earle Brown Farm site in the southerly portion of the property and on an adjacent property to the south. He stated that there would also be a parcel containing the Farm buildings and that a third parcel on the west and north of the site would be for either more residential development or possibly office development. Chairman Lucht asked what parcels were being acquired. Mr. Hoffman showed on Figure 2 of the report the primary p n which the Farm buildings w ere located p c o is e p Y and a parcel to the south on which an older office building is located. He stated that the Earle Brown Task Force recommends acquisition of the Farm. Mr. Hoffman stated that the cost of restoring and reusing the Farm buildings would be approximately $75.00 to $100.00 per square foot of building area. Mr. Hoffman then reviewed Table 1 of the plan with estimated project costs and also reviewed the revenues outlined in the plan, notably about $400,000.00 in federal community development block grant funds. Mr. Hoffman noted that the gross impact on the school district would be approximately $420,000.00 per year, but that this would be offset considerably by an increase in State aids. Commissioner Nelson asked why general obligation bond financing is not practical. Mr. Hoffman answered that it was mainly from a timing perspective, that the time it would take to hold a referendum would cause the loss of federal funds available for acquisition of the property. He stated that the property would be bought without an explicit plan and that the community would be paying capitalized interest on money that was not being put to work immediately. He explained that the tax increment generated by the district would not have this negative cost to it. Commissioner Nelson noticed that the size of the district had been reduced and asked why this had been done. Mr. Hoffman stated that it was principally to satisfy the concerns of 6 -13 -85 -5- the school district. Commissioner Nelson noted that ancillary uses in the former district had been removed. Mr. Hoffman acknowledged that Northbrook Shopping Center had been removed, but might later be established as a separate district. He stated that the low interest loans for building rehabilitation had been primarily designed for that shopping center. Chairman Lucht explained that the district had been shrunk as much as possible while still providing enough revenue to retire the expected debt with tax increment funds. Commissioner Bernards asked where the impetus for the tax increment plan was coming from. Mr. Hoffman stated that it grows out of a 1981 survey which showed that a majority of residents in the community were willing to pay tax dollars to restore the Farm. Commissioner Sandstrom asked about the possibility of private sector redevelopment of the Farm. Mr. Hoffman stated that it was simply not economically feasible for the private sector to undertake such a redevelopment. Commissioner Nelson stated that he had problems with buying the Farm property and restoring the buildings and putting the burden of this expense on the small area of the City within the tax increment district. Mr. Hoffman stated that the financing burden would be borne by the entire school district. Chairman Lucht added that the rest of the City would also finance the restoration to some extent. In response to a question from Commissioner Bernards, Mr. Hoffman stated that the alternatives before the City were basically to do nothing, to pay for the acquisition and restoration by a general obligation bond issue, or to pay for the acquisition and restoration with a tax increment financing district. Commissioner Bernards asked whether it would not be in the spirit of the 1981 survey to put the question of restoring the farm to a referendum vote. Mr. Hoffman answered that the five members of the City Council.have been elected to make those kinds of decisions. Commissioner Nelson asked what federal money would be lost if a tax increment district were declared. Mr. Hoffman answered that approximately $400,,000.00 of community development block grant funds would be lost if they could not be appropriated for the project prior to July 1, 1985. Commissioner Bernards likened the use of federal funds to buying a dress on sale. He said if you don't buy the dress at all, you don't lose anything. The Secretary stated that it would be up to the Commission to comment on the land use aspects of the redevelopement plan and tax increment plan and any other aspects that it wished to at its next meeting. Commissioner Bernards stated that he could not understand why Deil Gustafson would balk at the City's offer for the property. Mr. Hoffman responded that the value of the land actually would be greater if the buildings were removed and the land were clear for commercial development. Commissioner Bernards asked whether 10 years is the likely duration of the tax increment district. Mr. Hoffman responded in the affirmative. The Secretary stated that the Earle Brown Task Force would be looking at proposals for reuse of the Farm buildings in the future. Mr. Hoffman added that the main element to the redevelopment of the Farm area is the construction of 269 dwelling units. ADJOURNMENT Following a brief discussion of upcoming business, there was a 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 9:45 p.m. Chairman 6 -13 -85 -6- Planning Commission Information Sheet Application No. 85015 Applicant: S and G Associates Location: 1701 69th Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots the parcel of land on which the Earle Brown Farm Apartments is located. The property in question is zoned R5 and is bounded on the east by Irving Avenue North right -of -way (which has not been ut in; further east are e the Humboldt Court Apartments and the p Q Petroleum service station), on the south by the Spec. 7 industrial building and Hiawatha Rubber, on the west by Medtronic and the Spec.. 6 industrial building, and on the north by 69th Avenue North. The proposed plat would divide off most of the excess land on the east side of the Earle Brown Farm Apartments property to create a parcel for a separate, new development. No development plans have yet been submitted. The proposed plat is to be called the Tanami Addition. The lot areas are as follows: Lot 1: 8.24 acres Lot 2: 1.53 acres Total: 9.77 acres Lot 1, as proposed, has more area than required for the 120 existing apartment units on the property. At 2,700 sq. ft. per unit, the area requirement for the existing apartment complex is 7.44 acres. The proposed common property line between Lot 1 and Lot 2 is along the curb line of the east edge of the existing parking lot. This is not desirable since a 5' greenstrip is normally sought along internal property lines in multiple - family, commercial, and industrial zoning districts. As mentioned earlier, a half- street of Irving Avenue North right -of -way, which has never been built, exists to the east of the plat. Although the applicant does not own the underlying rights to the land, S and G Associates have petitioned for vacation of the right -of -way since there is no need for the street and the continued existence of right -of -way would acquire greater building and parking setbacks, The first reading of an ordinance vacating this portion of Irving Avenue North right -of -way has been held by the City Council at its June 10, 1985 meeting. The proposed plat indicates an existing 10' wide sidewalk easement along the west side of Lot 1. It also indicates a 66' wide utility easement immediately east of the existing apartment building. The City Engineer has recommended that 5' wide drainage and utility easements be provided along interior property lines and 10' wide easements along 69th Avenue North right -of -way. The City Engineer has also recommended that 3' to 7' of additional right -of -way along 69th Avenue North be dedicated in order to achieve a 50 wide half- street for the southerly portion of 69th Avenue North. The total right -of -way for the south half of 69th Avenue North presently expands from 43' to 47' going from east to west. The City Engineer has also requested documentation of a storm sewer easement within the proposed Lot 2 where a 21" storm sewer exists to serve the Spec. 7 site to the south. The City Engineer has also noted that the property is subject to additional water assessment and that a utility hookup agreement should, therefore, be required. The proposed plat meets general ordinance requirements and can be approved, subject to at least the following conditions: 6 -13 -85 Application No. 85015 continued 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The plat shall be modified in the following manner, prior to final plat approval: a) Additional right =of -way shall be dedicated along 69th Avenue North to provide for a 50' wide half- street. b) Drainage and utility easements shall be indicated as 5' along interior property lines and 10'along 69th Avenue North. c) The common property line shall be moved eastward to provide a 5' greenstrip adjacent to the curb line of the existing parking lot. 4. Final plat approval is subject to adoption of an ordinance by the City Council vacating the Irving Avenue North half- street east of the subdivision. 5. The applicant shall enter into a standard utility hookup agreement prior to final plat approval. 6. The plat shall receive final approval and filed at the County prior to issuance of building permits for the proposed Lot 2. 6 -13 -85 -2- Planning Commission Information Sheet Application No. 85016 Applicant: Village Properties Location: 7200 -7224 Camden Avenue North (Evergreen Park Apartments Request: Variance The applicant requests two variances from the Zoning Ordinance, to allow a lesser set- back on a temporary basis from the new Highway 252 westerly right -of -way line, and to allow more units on the remaining property than normally permitted (a density vari- ance). The property in question is the Evergreen Park Apartments. It is zoned R4 and is bounded on the north by the Church of the Nazarene and a City well house; on the east by Highway 252 and by two single- family homes that are being condemned and removed by MN /DOT; on the south by vacant City -owned property; and on the west by Camden Avenue North. The variance is occasioned by MN /DOT acquiring a square of land at the southeast corner of the property, approximately 205' x 205'. The taking will include the easterly most apartment building on the property, 7212 Camden Avenue North which is presently attached along a fire wall with 7206 Camden Avenue North. Since the taking would leave the 7206 building only 11' from the new highway 252 right -of -way line, the City has informed the owners that no permit would be issued to rebuild the fire wall at such a substandard setback (see letter dated September 14, 1984 attached). The highway department has accordingly agreed to acquire the 7206 building also. However, Village Properties has the right to buy back both buildings and relocate them. The disposition of the 7206 and the 7212 buildings is the cause of this application. The applicant, Mr. Ken Solie, has submitted a letter (attached) explaining what Village Properties wishes to do with the condemned buildings and why. He explains that any compensation from the State for the existing buildings would, under the terms of the contract for deed, have to be applied toward the remaining principle. This would make their investment less attractive financially. Village Properties, there- fore, wishes to relocate and preserve the existing buildings as much as possible. They wish to relocate the 7212 buildling to the northeast portion of the property, set back only one foot from the adjacent residential property which is being ac- quired by MN /DOT. The westerly part of this land is expected to be sold back to private owners after the new highway is constructed and the resulting setback would be 52' (the required setback from major thoroughfares is 501. The setback variance would, therefore, be temporary in nature. Mr. Solie states that he and co -owner Jerry Cowan are seeking to obtain the underlying rights to buy back the excess right - of -way in the future so that the 50' setback can be achieved. Meanwhile, the 7206 building would be shortened by removing the four units on the east and resulting in a setback of more than the minimum of 50'. The other aspect of the variance request relates to allowable density. Mr. Solie explains in his letter that the land available for the Evergreen Park Apartment complex, after the highway acquisition and the repurchase of excess right -of -way, would be 267,898 sq. ft. At 3,600 sq. ft. per unit, this amount of land would support 74.4 or 74 units. There are 80 units in the complex now. After the demolition of 4 units at the east end of the 7206 building and relocation of the 7212 building, there would be 76 units, two more than allowed by ordinance. Mr. Solie concludes his letter by arguing that the variance request is justified because of the following factors: "1. Evergreen Apartments were purchased in 1978 as a long term investment without knowledge of the pending highway construction. 2. The property and its financing package cannot be replaced in its present condition today at any cost resulting in a significant financial hardship to the owners. 6 -13 -85 _1_ Application No. 85016 continued 3. The property is the largest taking involved in the Highway 252 project and accordingly, does not set a precedent for future variances in Brooklyn Center for this construction. 4. No additional construction on adjacent land can be forseen. The land to the south is reserved for public use: to the west, development is complete. The church to the north does not plan.expansion at this time according to Pastor Errol Webb. The land to the east is reserved for highway right -of -way. Accordingly, after construction is complete, the site will appear exactly as it does now." Staff are unable to makea very clear connection between the applicant's arguments and the Standards for a Variance contained in Section 35 -240 (attached). Financial problems of the kind cited by the applicant do not constitute a "hardship" in the sense of physical use of the property. They are not related to "physical surroundings, shape, or topographical conditions." Mr. Solie asserts that the Evergreen Apartments property is the largest taking involved in the Highway 252 project and accordingly, does not set a precedent for future variances. However, size of parcel or extent of condemnation is not really important. What is important is the physical constraints posed by surroundings, topography, lot lines, etc. in conjunction with ordinance requirements. Such constraints may be essentially the same no matter what the size of a parcel is. The applicant concludes by saying that the relationship of the complex to its surroundings will be exactly the same after (Highway? building ?) construction as now. This is glossing over a lot of changes outlined in the letter, but brought on by the construction of the highway. Nevertheless, this last point moves toward a valid concern, namely the physical difficulties brought on by the construction of Highway 252. 0 This is indeed the most basic question which must be answered: does the circumstance of the highway construction create a particular hardship to the owner so that he is unable to make reasonable use of his property if the strict letter of the regulations is carried out. Our first reaction to this hardship question is that the buildings involved are being acquired by the State and the owner is, therefore, really presented with clear ground on which conforming structures can be built. On the other hand, this may be ignoring too much the potential and the intrinsic value (aside from the owner's financial interest) of preserving the buildings as much as possible. Should considerable real property be destroyed over what may be considered technical circum- stances? On the face of it, we believe that it is appropriate to preserve the buildings if setbacks can be attained and resulting density is only incidentally and marginally in excess of ordinance requirements. The applicant's proposal seems capable of living within these bounds. A physical hardship may be said to exist if preservation of the buildings is considered to be generally in the public interest. A density variance may be considered a use variance where different densities are allowed in different zoning districts, ie. density is a distinguishing characteristic between zoning districts. Use variances are not permitted under State law. In the present case, the proposal to allow two excess units in the complex reduce the land area per unit from 3,689 sq. ft. per unit at present to 3,525 sq. Tt. per unit under the proposal. The ordinance requirement in the R4 zone is 3,600 sq. ft. per unit. In the R5 zone, the requirement is 2,700 sq. ft. per unit. Clearly, the resulting situation is much closer to the R4 requirement than the R5 requirement. The land area available under the proposal is 97.9% of the ordinance requirement, a variance of 2.1 %. The Commission must make a judgment whether the density variance sought in this case is, or is not, a use variance (allowing what amounts to a higher land use classification in the R4 zone)in addition to whether the requested variance meets the standards set forth in Section 35 -240. 6 -13 -85 -2- Application No. 85016 continued The circumstance of the highway taking is the cause of the physical hardship in this case. That is a unique circumstance, not common to other property in the R4 district. The physical hardship results from applying the ordinance requirements to the property after the taking and has not been created by the owner of the property. Finally,we agree that the physical arrangement of buildings will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood so long as an effective 50' setback from the highway right -of -way can be achieved. Although we feel approval of the variance is possible based on the Standards for a Variance, it is recommended that any such approval be subject to the following conditions: 1. The variance is justifiable on the basis of a physical hardship created by the highway taking and the public interest in preserving real property, and is not justifiable on the basis of the owner's financial interests alone. 2. The applicant shall secure from the relevant parties the repurchase rights to any excess right -of -way to the east of the Evergreen Park Apartments property, prior to the issuance of permits for relocation of the 7212 building. 3. The applicant shall submit, prior to consideration by the City Council, a letter from the MNDOT acknowledging that there is at least 50' of excess right -of -way available with the acquisition of the residential lots immediately east of the Evergreen Park Apartments. 4. The applicant shall submit for review and approval by the Planning Commission and City Council a site and building plan application for the property with new building and parking locations and any other site modifications comprehended, prior to the issuance of permits for re- location and reconstruction. 5. In the event that the 7212 building is "substantially destroyed" by the attempted relocation, the density variance shall be voided and any new construction shall conform to the density limitations of the Zoning Ordinance. 6. Following construction of the new Highway 252, the applicant shall acquire the excess right -of -way immediately to the east of the apart- ment complex and maintain the area in a manner consistent with the proposed site plan and the Housing Maintenance and Occupancy Ordinance. 7. The applicant shall enter into an agreement with the City, in a manner approved by the City Attorney, assuring that they will acquire excess right -of -way from the MN /DOT and shall combine this property to the Evergreen Apartment complex g p lex throu h platting or registered land survey. P 9 P 9 . 9 Y Said agreement shall be filed with the title to the property prior to issuance of permits for relocation or remodeling. 6 -13 -85 -3- MEMORANDUM TO: Gerald Splinter, City Manager FROM: James Lindsay, Chief of Police ,DATE: June 21, 1985 SUBJECT: Application for On -Sale Nonintoxicating Malt Beverage License, 50's Grill Attached please find application for on -sale nonintoxicating malt Beverage License for the 50's Grill. Investigation of the back- ground of the principals in this endeavor reveals nothing of a derogatory nature. Recommend approval. T he following is a resume of the investigation of Case No. 85- 09018, an application for On -Sale Nonintoxicating Malt Beverage. This resume has been prepared by Investigator A. Paul MONTEEN, transcribed and typewritten by Lori NOVAK, clerk typist for the Brooklyn Center Police Department. APPLI C AW 1 John Webb SCHUBERT, President DOB: 03 -24 -43 1953 Stanford St. Paul, MN home phone - 690 -1077 Brooklyn Center Restaurant, Inc. DBA: 50's Grill 5224 Brooklyn Boulevard Brooklyn Center, MN business phone - 560 -4947 Courtney John STOREY DOB: 07 - 30 - 43 1717 Beechwood Avenue St. Paul, MN home phone - 690 -1609 business phone - 893 -8833 MMBZ TIE C¢IVTA�I�ED II�THI Form 1, Application for On -Sale Nonintoxicating Beverages. Form 2, in Support of an Application for On -Sale Nonintoxicating Beverages. Form in Support of a Prospective Application For On -Sale Intoxicating Liquor or Wine. An Application for Sunday Intoxicating Liquor or Wine. Form 3, Personal Information in Support of an Application for Nonintoxicating Malt Beverages in the name of John Webb SCHUBERT and Courtney John STOREY. The Brooklyn Center Police Department Application Check in the name of John Webb SCHUBERT, Courtney John STOREY and Lynn Marie (HUNTINGTON) SCHUBERT. ----------------------------------------------------------- Investigator MONTEEN received the above listed materials from James LINDSAY, Chief of Police, and proceeded to do a routine background investigation on the corporate officers and investors in application for this license. Investigator MONTEEN checked with the files of the Brooklyn Center Police Department, the warrant office in Hennepin and Ramsey County, the criminal records division of the Hennepin and Ramsey County Sheriff's offices, the records division of the St. Paul Police Department and the Bureau of Criminal Apprehension of the State of Minnesota and found no violations or records in the name of John Webb SCHUBERT, Lynn Marie HUNTINGTON or Lynn Marie SCHUBERT, nor Courtney John STOREY. Resume by Investigator MONTEEN Case No. 85 -09018 Page 2 Investigator MONTEEN also checked with the Department of Motor Vehicles and found that John Webb SCHUBERT holds a valid Class C driver's license; that Lynn Marie SCHUBERT, as well, holds a valid Class C driver's license, and that Courtney John STOREY holds a valid Class C driver's license. In reviewing the records of each driving permit, Investigator MONTEEN finds no violations, which would include the use of alcohol. Investigator MONTEEN drove to the neighborhood of the SCHUBERT's, 1953 Stanford in St. Paul. This address is on the northwest corner of Stanford at Prior and approximately one -half mile south of the campus of Macalester College. Investigator MONTEEN found this to be a quiet, neatly kept neighborhood and stopped first at 1957 Stanford where there was no answer at the door. Investigator MONTEEN proceeded east down the block and stopped in front of the residence, observing the lawn and structure of the house, when a gust of wind blew over an elm tree at 1957 Stanford. Investigator MONTEEN immediately ran from the SCHUBERT residence and avoided being struck by the falling elm tree, however, this incident did bring nearly everyone in the neighborhood out to inspect the damage, which gave Investigator MONTEEN opportunity to speak to numerous neighbors of the SCHUBERT's. Investigator MONTEEN met the neighbor at 1963 Stanford who indicated that the SCHUBERT's were excellent neighbors, that they were active in the community and neighborhood, as well as extremely active in the church and school located approximately one -half block east of their home. This neighbor (who's first name I did not get) indicated that Mrs. SCHUBERT was a teacher at the school, at which time she introduced me to a man driving a Volkswagon Rabbit convertible who indicated that he was in fact the principal of the school and spoke very highly of the SCHUBERT's. Investigator MONTEEN also met an Indian male from across the street who's first name was John, who as well spoke highly of the SCHUBERT's and their involvement in the church and neighborhood. Another neighbor identified as Rosemary also agreed that these were highly respectable people. Investigator MONTEEN also had the opportunity to meet with John SCHUBERT's father, who was quite proud of his son's business endeavors and indicated that his son was excited about the opportunity to own this restaurant in Brooklyn Center. Investigator MONTEEN then went to 1717 Beechwood Avenue, which is located in the Highland Park area of St. Paul. There Investigator MONTEEN stopped at 1721 Beechwood and 1711 Beechwood and found no one at home. This stop was rather uneventful and nothing occurred to cause any neighbors to come out of their homes and Investigator MONTEEN was unable to speak to anyone. Investigator MONTEEN did note that the residence was a two story colonial, well -kept and well landscaped in a quiet neighborhood of bungalows, ranch style homes and colonials which was probably built up around the mid -50's. During the course of this investigation, MONTEEN could find nothing which would preclude Brooklyn Center Restaurant, Inc., its president, John Webb SCHUBERT, or Courtney John STOREY from receiving a license for the on premises sale of noni malt beverages as applied for. 17� CITY Z:j B OF 6301 SHINGLE CREEK PARKWAY ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: June 20, 1985 RE: Deferment of Special Assessments Attached hereto are the following: a copy of Resolution 78 -87 which established our current policy regarding deferment of special assessments a copy of a questlonai.re which was sent to 25 Minnesota Cities in February - a copy of survey results a copy of a summary-of the survey a copy of Joe Oster's memo in which he recommends amendments to the policy - a copy of a resolution which would establish a new policy as recommended in Joe's memo a draft copy of an application for deferment for use if the recommended policy is adopted. I recommend that the matter be placed on the City Council agenda as a discussion item at the June 24, 1985 meeting. If agreement regarding details is reached at that time, the resolution can be adopted as written, or as amended. If however, the Council requests additional information or more time o consider onsider this matter I recommend that it be tabled until July 8th. I do recommend that the matter be resolved no later than July 8th so that our policy is clearly established prior to the time we initiated special assessment procedings (i.e. - notices, public hearings, etc.), relating to our 1985 public improvements Respectfully submitted, SK: j #� Member Gene Lhotka and moved its adoption: introduced the following resolution RESOLUTION NO. 78 -87 RESOLUTION RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER AND ESTABLISHING AN INTEREST RATE. WHEREAS, Minnesota Statutes 435.193 through 435.195 provides for the deferment of special assessments and specifies the conditions under which municipalities are authorized, on a voluntary basis, to defer such assessments; and WHEREAS, Minnesota Statutes 435.194 authorizes the municipality to establish an interest rate to be added to the deferred assessment which shall be payable in addition to the deferred assessment; and WHEREAS, the City Council of the City of Brooklyn Center finds and determines that deferral of special assessments for certain senior citizens is in the public interest; and WHEREAS, the City Council desires to establish a deferred special assessment policy for qualified applicants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center does hereby approve of deferred special assessment annual installments on all assessments certified after the adoption of this resolution under the following conditions: 1) The property upon which the assessment is deferred must be homesteaded; 2) The property is owned by a person at least 65 years of age on January 1st of the payment year; 3) The household income is not to exceed $7,500.00 the year preceding the payment year. BE IT FURTHER RESOLVED that interest at the rate for that particular assessment shall be added to the deferred assessment and shall be payable in accordance with the terms and provisions of Minnesota Statutes 435.195; and BE IT FURTHER RESOLVED that the City Manager is directed to provide application forms, as may be necessary, and is authorized to process said applications signed by the qualified persons prior to September 1 of the preceding year of date which payment is due and direct Hennepin County to defer the special assessments within said application. ' RESOLUTION NO. 78 -87 BE IT FURTHER RESOLVED that the right to defer assessments:,is hereby terminated when the subject property owner no longer meets the criteria established in this resolution. May 8, 1978 Date Mayo ATTEST • Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka and Celia Scott and the following voted against the same none .whereupon said resolution was declared duly passed and adopted. f t I _ CITY OF 6301 SHINGLE CREEK PARKWAY B ROOK BROOKLYN CENTER, MINNESOTA 55430 LYN TELEPHONE 561 -5440 C EN TER TO: City Engineers /Directors of Public Works FROM: Sy Knapp, Director of Public Works DATE: February 28, 1985 RE: Deferral of Special Assessments for Age or Disability We will appreciate your response to the following questions relating to deferral of Special Assessments to persons over 65 or retired by virtue of disability, as per Minnesota Statutes 435.193 to 435.195. 1. Has your City adopted a policy for deferral under these statutes? 2. If "Yes ": a. please describe the standards and guidelines established for defining the existence of a HARDSHIP. and /or send a copy of your policy resolution or statement: b. please describe the standards and guidelines established for defining the existence of a DISABILITY. and /or send a copy of your policy resolution or statement. 3. Auy comments? 4. Do you want a copy of our survey summary? Your name Address City /Zip Thanks for your cooperation. Please return in the enclosed stamped, self - addressed envelope. S Knapp '74e ezr# ------------------------------------------------------------------------------------------------------------------------------------------------- - - - - -- CITY /CONTACT ELIGIBILITY I QUALIFICATION REQUIREMENTS I PARTICULARS i ----------------- I ----------------- I --------------------------------------------------------- ----------.......------.......................--------- f Bloomington/ -over 65 - average annual principle and interest due on all - current policy adopted in 1975 not identified special assessments exceeds 1.5% of annual income - deferment automatically terminates when: -property value does not exceed $75,000 1. owner dies and spouse is not qualified - interest at the rate for that assessment shall be 2. property is sold, transferred or subdivided added to the deferred assessment 3. property no longer homestead 4. the City determines the owner is no longer in the hardship category f --------- ----- --- - ------ -- ----- - -- -------------------------- ------- -- --- -- ---------- -- ----- --------------------------------------------------------- Brooklyn Park/ -over 65 - defers current and future special assessments if - current policy adopted in 1981 Charles Lenthe annual net income minus annual principle and interest - deferment automatically terminates when: i payment on assessments does not exceed $1,2,000 1. owner dies and spouse is not qualified - Assessors estimated market valuation does not exceed 2. property is sold, transferred or subdivided $100,000 3. property no longer homestead -owner has not signed petition for said improvement 4. the City determines the owner is no longer in on current projects the hardship category ------- --- ------- --------- -- --- - -- -------------------------- ----------- ----- ---- -- --- - - - --- --------------------------- ------ -- ---------------- -- ----� j Burnsville/ -over 65 -defers payment of any special assessment if annual - current policy adopted in 1981 Chuck Siggerud - permanent and gross income does not exceed $10,000 -deferment terminates and all amounts accumulated total -the average annual payment for all assessments plus aplicable interest shall be due when: disability exceeds 3% of owner's income 1. owner dies and spouse is not qualified -special assessments deferred must exceed $400.00 2. property is sold, transferred or subdivided -total assets of owner and spouse do not exceed 3. property no longer homestead $20,000 excluding homestead 4. the City determines the owner is no longer in -City Council may consider exceptional and unusual the hardship category circumstances if applicant not covered by above 5. failure to renew application standards ------- ------- --- - ---------- ------ ------------------------ ---- --- ---- ----- --------- ---- -- ----------------------- Champlin/ -over 65 - annual principle and interest due on an assessment - current policy adopted in 1982 Sue Knight - permanent and , exceeds 2.5% of current annual income ( - interest rate applies to principle and interest of total - Assessor's market valuation must not exceed $80,000 the assessment but shall not apply to the interest disability of the deferment ------- -------- -- --------- --- --- -- --------------------------------------------------------- --- Coon Rapids/ -over 65 -the only requirement is that one spouse must be 0 Bill Ottensman over 65 •- --------- - - - - -- - ---- --------- --- --------------------------------------------------------- ( ----------------- ....................................................................................................................................................... f CITY /CONTACT ELIGIBILITY I QUALIFICATION REQUIREMENTS I PARTICULARS ------- ---- ------ - ---------- - - ---- ------------------------- -------- ---------------- -- -- - -- ........................................................ Minnetonka/ - retired due - applicant's income must not exceed $13,500 - current policy adopted in 1984 to age (actual - certification may be made at any time following the age is not adoption of the assessment roll by the City Council specified ( - deferment of an assessment may not exceed 15 years - retired as a result of permanent and i total disability --- --- ----- ------ -- -- -- --- ------ -- ------------------------ --- ------------ ---- ------------ -------------------- ---------------- -- .I --------------------------------------------------------- New Brighton/ -over 65 - average annual payments for all assessments levied - current policy adopted in 1977 Les Proper against the subject property exceeds 1% of adjusted - deferral terminates and all amounts accruing plus gross income interest are due when: i 1. owner dies and spouse is not qualified 2. property is sold, transferred or subdivided 3. loss of homestead status i 4. the City council determines that no hardship exists - ---- -- ---- - - - --- ----- ----- -- - - --- ---------------------------- ----------- ---- -- ------------ ----------------------------------- ------ ------ ----- - - - - -� North St. Paul/ -over 65 - income of all owners does not exceed $11,000 - current policy adopted in 1981 Judy Auger -other persons 0 determined r qualified by the City Council - --- -- -- ---------I..--- --------- --- -----------.-.---------- ----------------------- ---- - - -- ------------------------------------------------------- .I _I Plymouth/ -over 65 - Owners gross income does not exceed $13,500 for a one - current policy adopted in 1983 Fred Moore person household. Add $1,000 to qualifying income for - interest on deferred assessments shall cease to accrue each additional person. on the original date for final payment of the -property does not exceed 1 acre unless property is special assessment a not subdivideable 1 ---- ----- -- - ----- --- --------- - ---- -------------------------- -- ----------------------------- --------------------------------------------------------- Richfield/ ( -over 65 -gross household income does not exceed $11,000 - current policy adopted in 1981 Mike Eastling - permanent and -City Council may consider exceptional and unusual { total circumstances if applicant not covered by above disability standard ------ --- --- - - --- ----- ------ ------ ------------------------- ------------------- --- ----- - --- -------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------- CITY /CONTACT I ELIGIBILITY I QUALIFICATION REQUIREMENTS I PARTICULARS ----------- - ----- ------- -- -------- ------------------------ --------------- ------------ ---- ....................................................... i' Roseville/ -over 65 - average annual assessments levied after July 27, 1981 - current policy adopted in 1981 Charles Honchettl - permanent and exceeds 1% of adjusted gross income (income does not - deferment terminates when: total include Social Security, Retirement incomes, 1. owner dies and surviving owner does not qualify disability Disability, Worker's Compensation) 2. request of property owner 3. propery is sold, transferred or subdivided 4. the City determines that no hardship exists '- -- --- ----------- - -------- -------- --------------------------- ----- ------------ ------ -- ----- ---------------------------- ------ --- -- ------- --- -- - -----� St. Cloud/ -low income - percent credit toward special assessment based upon ( - current policy adopted in 1984 Steve Gaetz HUD income guidelines - percent formula is: p -retirement credit for adjusted income is $4,500 HUD Adjusted F for retired single owner and $7,200 for retired Income (minus) Income X 100 married owner Guideline --------------------------------------------- HUD INCOME GUIDELINE i ----- ----- -- - - --- -- --------- ------ -------------------------- ---------- ------ ------ --- - - - - -- --------------------------- -- ------ ----------- ----- ----- -� St. Louis Park/ -over 65 -total household income must be less than $10,500 - current policy adopted in 1980 B. Stepnick e ----------------- i--------—-------- i---------—----------—--------------—------------------—-- i------------------------—-------------------------------- i I SPECIAL ASSESSMENT DEFERMENT POLICY TABLE OF RESULTS Cities Responding to Survey: Number of Cities: 18 Bloomington Edina North St. Paul Brooklyn Park Fridley Plymouth Burnsville Golden Valley Richfield Champlin Maple Grove Roseville Coon Rapids Minnetonka St. Cloud Eden Prairie New Brighton St. Louis Park Cities with Deferment Based on : Age Only: Y Number of Cities: 9 Bloomington Edina North St. Paul Brooklyn Park Fridley Plymouth Coon Rapids New Brighton St. Louis Park City with Deferment Based on Age or Disability: Number of Cities: 6 Burnsville Eden Prairie Richfield Champlin Minnetonka Roseville Cities with Deferment Based on Low Income: Number of Cities: 1 St. Cloud Cities Using Annual Income Basis of Qualification: Number of Cities: 10 Brooklyn Park Minnetonka St. Cloud Burnsville North St. Paul St. Louis Park Eden Prairie �. Plymouth Edina Richfield Statistics: Mean: $12,572 Median: $12,750 Mode: $11,000 (2) Cities Using Percent of Annual Income Basis of Qualificiation: Number of Cities: 7 Bloomington Edina Roseville Burnsville Fridley Champlin New Brighton Statistics: Mean: 1.9% Median: 2% Mode: 1% (2) 2% (2) 0 Cities Using Both Methods: Number of Cities: 2 Edina $15,000 and 2% Burnsville $10,000 and 3% TO: Sy Knapp, Director of Public Works FROM: Joe Oster, Public Works Coordinator DATE: June 18, 1985 RE: Deferment of Special Assessments Attached is a resolution to update the City's deferment of Special Assessment Policy established by Resolution 78 -87. The attached resolution updates this policy and incorporates particulars as we discussed. Also attached are h r supporting PP g documents, survey and survey results. The following particulars are addressed: 1. Income qualification The new policy uses both annual income and annual special assessment installment percentage of annual income to determine financial hardship. The purpose of this is that the flat annual income method does not consider an applicants ability to pay special assessments that may involve small annual payments such as a tree removal. The percentage method income does not consider that at some point it may not be in the public interest to defer special assessments. It is felt that combinin g the two methods overcomes the weaknesses of either method. 2. HRA Income Guidelines The new policy ties the income qualification to HRA Section 8 housing guidelines. It is felt that this will help to keep this policy up -to -date. While the income guideline may seem high ($17,400 in 1985), it should be pointed out that an annual payment of an assessment must increase the aggregate total of annual payments of assessments to 2% or more of annual income and that if it occurs only the new special assessment is deferred. It is felt that this is a more equitable measurement of hardship. 3. Retirement Due to Permanent and Total Disability Persons retired due to permanent and total disability are added to the target group. 4. Termination of Deferral of Special Assessment The deferral of special assessment does not automatically terminate if an eligible applicant dies and the applicant's spouse is not 65 years or older. In this instance the surviving spouse does not have to meet the age requirement since household income may be significantly reduced and the hardship much greater. The surviving spouse must meet the other requirements. June 18, 1985 - Deferred Special Assessments Page 2 It is felt that this policy is a better measurement of financial hardship to pay annual installments of special assessments. It is recommended that this resolution be adopted. JGO:jn Example: This example shows how five applicant would be affected by the new deferment of special assessment policy on a typical street reconstruction assessment of $1,200. 1 1 Previous I New I Percentage 1 Percent of Income Qualification i 1 Annual 1 Assessment ( Assessment 1 of payment 1 1% 1 1.5% 1 2% 1 2.5% 1 3% 1 1 Income i Payment 1 Payment 1 to Income 1 ---------- ---------------------------------------------- o -------------------------------------- - - - - -1 Tpplicant #1 1 $17,400 1 $110 1 $264 I 2.10 1 Yes 1 Yes I Yes 1 No 1 No 1 i ------ ----------------------------------------------------- o -------------------- - - - - -- --------- - - - - -1 , rpplicant #2 I $17,400 1 1 $264 1 1.50 1 Yes I Yes I No I No I No I I I I I I I 1 1 1 -------------------------- ---- -- ------------------------- o---------------------- - - - - -- - - - - - -- - - - - -- 7plirant #3 1 $13,700 1 $110 1 $264 1 2.70 1 Yes 1 Yes 1 Yes I Yes 1 No 1 I I I I I I _------------ ----------- ------------- ------------- -------- o----- ------- -------- -------- I------- - - - - -- ;L,pplicant #4 I $13,700 1 1 $264 1 1.9% I Yes 1 Yes 1 No 1 No I No 1 ..------- ------------------------------------------------------------------------------ -------- -- - - - - -j .applicant #5 1 $10,000 1 $110 1 $264 1 3.7% 1 Yes 1 Yes 1 Yes 1 Yes ( Yes i _.----------------------- ------------- ------------- ------------- -------- -------- -------- -------- ------- I T >pplicant #6 1 $10,000 I I $264 1 2.6% 1 Yes I Yes 1 Yes Yes i No ------------------------------------------------------------------------------------------------- - - - - -I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER AND ESTABLISHING AN INTEREST RATE ------------------------------------------------ WHEREAS, Minnesota Statutes 435.193 through 435.195 provides for the deferment of special assessments and specifies the conditions under which municipalities are authorized, on a voluntary basis, to defer such assessments; and WHEREAS, the City Council of the City of Brooklyn Center found and determined that deferral of special assessments for certain senior citizens is in the public interest and passed City of Brooklyn Center Resolution No. 78 -87 providing for deferment of special assessments for persons 65 years of age or older and establishing an interest rate; and WHEREAS, economic conditions over the past seven years have made it increasingly difficult for senior citizens to qualify for deferment of special assessments due to the $7,500 income limitation and persons retired due to permanent and total disability are not included in the present policy; and WHEREAS, the City Council desires to update the City's Deferment of Special Assessments Policy and desires to develop a policy that responds to ever changing economic conditions: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center does hereby approve of deferred special assessment annual installments on assessments that qualify per conditions stated below: 1. Assessments must be certified after adoption of this resolution. 2. The property upon which the assessment is deferred must be homesteaded; 3. The property is owned by a person at least 65 years of age on January lst of the payment year or owned by a person who is retired due to a permanent and total disability. 1 S r` RESOLUTION NO. 4. The applicant must have a "financial hardship" defined as: a. An annual income at or below the two person rate established by HRA Section 8 housing guidelines (two person household rate is $17,400 in 1985); and b. The first year's installment of the proposed special assessment will increase the aggregate total of installments against the property for which deferment is requested to a sum equal to 2% of the applicant's income. BE IT FURTHER RESOLVED that interest at the rate for that particular assessment shall be added to the deferred assessment and shall be payable in accordance with the terms and provisions of Minnesota Statutes 435.195; and BE IT FURTHER RESOLVED that the City Manager is directed to provide application forms, as may be necessary , and is authorized to process said applications signed by the qualified persons prior to September 1 of the preceding year of date which payment is due and direct Hennepin County to defer the special assessments within said application. BE IT FURTHER RESOLVED that the right to defer assessments is hereby terminated when the subject property owner no longer meets the criteria established in this resolution except that a surviving spouse of a qualified applicant need not meet the age requirement. 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. 2 CITY OF BROOKLYN CENTER Application for Hardship Deferment of Special Assessments Name: Phone: Address: I (we), furnish the following information to the City of Brooklyn Center, to be used in evaluating my (our) request for deferment of certain special assessments levied against my (our) property. I (we) understand that deferment of payment of a special assessment is possible for persons 65 years or older or who are retired due to total and permanent disability as of January 1 of the payment year, whose property is homesteaded according to the records of the City Assessor on the date of the adoption of the assessment roll, whose income for the year preceding the payment does not exceed the two person rate established by HRA guidelines, and whose aggregate total of annual installments of special assessments is at or exceeds two (2) percent of household annual income. PROPERTY DESCRIPTION Is property homesteaded (yes no ) Initials: Lot Block Addition Property I.D. No. - - - - CONFIDENTIAL FINANCIAL DISCLOSURE STATEMENT The amount of money my (our) household has received from all sources during the year ending December 31, 19 is listed below. I I Amount Received by KIND OF INCOME I HUSBAND I WIFE (OTHER HOUSEHOLD MEMBER ISalaries & Wage I i I ( Social Security I I I Veterans Benefits I I I I ( Other Retirement I I Money from Rents J I j Unemploy Insurance j i I I j j Worker's Compensation I I I I I I I I Disability Benefits I I I ( All TOTAL OF ALL INCOME HRA GUIDELINE DISCLOSURE OF CURRENT SPECIAL ASSESSMENTS I I l Current Annual l i Levy # I Improvement j Payment I I I � i i Total of Current Annual Payments I DISCLOSURE OF SPECIAL ASSESSMENTS TO BE DEFERRED (List in ascending order of payment amount) I J (Initial Annuall Aggregate Lev I m p rovement y #I p I Payment j of Income j l I I 1 1 L I (we have completed this form and under penalties of perjury, declare to be true and accurate to the best of our knowledge and belief. Subscribed and Sworn to before me this day of , 19 Signature of Applicant Notary Public Signature of Applicant NOTE PENALTY: "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reductin, or abating any tax or assessment, intentionally makes any statement as to any material matter which he knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both." SECTION 609.41 MINNESOTA STATUTE 1 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn Barone, Administrative Assistant] DATE: June 21, 1985 Jv" SUBJECT: Senior Transportation Project Attached you will find the five city Transportation Project Joint Powers Agree- ment that has been revised after study by the various City Attorneys. Most of the changes are minor, and any additions are indicated with an underline. The major changes include the addition in section 2.2 of: "Appointment to the committee shall be evidenced by a certified copy of a resolution of the governing body of each city, filed with the City Manager of the City of New Hope ". Section 3.32 was also changed to read "on or before July 1 of each year ..." the budget for the following year shall be prepared. The last page has also been corrected for the proper signatures. At the May 20, 1985 City Council meeting the Council did approve the original Senior Transportation Project Joint Powers Agreement. It will be necessary for them to approve the minor changes made to the agreement. REVISED 6/85 q JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT OF THE FIVE CITIES SENIOR TRANSPORTATION PROJECT This AGREEMENT is being made and entered into as of the day of , 1985, by and between the cities of Brooklyn Center, Crystal, Golden Valley, New Hope, and Robbinsdale, all municipal corporations of the State of Minnesota, (hereinafter referred to collectively as the Five Cities and individually as City) WHEREAS, the Five Cities lie in close proximity to each other; and WHEREAS, each of the Five Cities have determined that their respective populations age 60 and older have unmet transportation needs; and WHEREAS, each of the Five Cities currently sponsor and support programs for their populations age 60 and older pursuant to Minn. Stat. section 471.15, et. sec.; and WHEREAS, it would be a benefit to each and all of the Five Cities to combine resources for the purpose of providing a senior transportation program on a limited basis and have determined that it is in their best interests to undertake this project as a joint and cooperative project under Minn. Stat. section 471.59; and WHEREAS, the program would meet specific needs for the populations of 60 years and older and would complement existing transportation programs provided by other area agencies; and WHEREAS, an executive committee, consisting of the City Managers from the Five Cities, or representatives of the Cit 1 Manager, would administer the Senior Transportation Program; and h Y WHEREAS, each of the Five Cities would have equal representation on the committee; and WHEREAS, each of the Five Cities would receive a minimum of 15% of the availability of the Senior Transportation Program services for its residents. NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties to this Agreement agree as follows: SECTION 1 GENERAL PURPOSE It is the general purpose of the parties to this Agreement to jointly and cooperatively plan, provide, and administer a senior transportation program in order to reduce to the greatest practical extent the public expenditures necessary to provide such a program. SECTION 2 FIVE CITIES SENIOR TRANSPORTATION EXECUTIVE COMMITTEE 2.1 Establishment There is hereby established the "Five Cities Senior Transportation Executive Committee" (Committee) whose membership shall be appointed in accordance with the provisions of this section and whose duties shall be to carry out the purposes contained herein. 2.2 Membership; A ointment The governing body of each of the Cities shall appoint their City Manager and one additional representative as members of the Committee to administer the Senior Transportation Program. Each member shall have one vote. Appointment to the Committee shall be evidenced by a certified 2 c opy of a resolution of the governing body of each C ity, filed with the City Manager of the City of New Hope. 2.3 Lead City A Lead City will be determined b - Y Y a majority vote of the Committee. The Lead City shall assume the responsibility for fiscal management and daily operations of the Senior Transportation Program pursuant to the by -laws established by the Committee. 2.4 Term Members of the Committee shall not have a fixed term but serve at the pleasure of the governing body of the City appointing the member. 2.5 Vacancies A vacancy on the Committee shall be filled by the City whose representative position on the Committee is vacant. A vacancy on this Committee shall occur by reason of any events specified in Minn. Stat. Section 351.04 or by action of a City removing the member from this Committee. 2.6 Compensation and Expenses Committee members shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings, except to the extent that the C ity appointing a member determines to compensate or reimburse the expenses of the member in which case the obligation to make such payments shall be that of the City and not that of the Committee. 2.7 Officers The Committee shall elect from its membership a chair, vice - chair, a secretary and a treasurer and such other officers as it deems necessary to reasonably carry out the purposes of this Agreement. All officers shall hold office for a term of one year or until their successors have been elected by the Committee. An officer may serve only while a duly 3 y appoin memb of the Committee and may be re- elected to an office. A vacancy in an office shall be filled from the membership of the Committee by election for the remainder of the unexpired term of such office. 2.8 Quorum A majority of the Committee shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting and from time to time. 2.9 Meeting Regular meetings of the Committee shall be held at least once per year on a day selected by the Committee. Special meetings will be held at the call of the chair or by any three members by giving not less than 48 -hours written notice of the time, place and purpose of the spe cial meeting delivered or mailed to the residences of the Committee members. SECTION 3 COMMITTEE POWERS N A D DUTIES 3.1 Employment The Committee may contract for services, may utilize, upon consent of the City and upon such terms as may be agreed upon by the Committee and the City, existing staff of a City, and may employ such other persons as it deems necessary. Where staff services of a City are utilized, such services shall not reduce the financial commitment of such City to the the Committee. 3.2 By -Laws The Committee shall adopt by -laws for conducting its business, including but not limited to the establishment of sub - committees and their duties, the duties and responsibilities of the officers, the detailing of meeting 4 procedures, the notice thereof, and preparation of minutes and other related staff functions. 3.3 Financial Matters 3.31 Method of Operation The Committee may collect and receive money and services subject to the provisions of this Agreement from the Five Cities and.from any other sources approved by the Committee and it may incur expenses and make expenditures and disbursements necessary and incidental to effect the purposes of this Agreement. Funds may be expended by the Committee in accordance with procedures established herein. Order- checks and drafts shall be signed by the treasurer and either the chair or vice -chair or delegated to the Lead City. If this responsibility is delegated to the Lead City, the procedures of the Lead City for approving such expenditures shall be followed. Other legal instruments shall be executed on behalf of the Committee by the chair and secretary. 3.32 Operating Funds On or before July 1 of each year, the Committee shall prepare an operating budget for the following year for the purpose of providing funds to operate the Committee's business. The budget shall be recommended and referred to the City for ratification only upon 2 /3rds of approval of all members of the Committee. After approval, the secretary shall certify the recommended budget to each City on or before September 1 of each year, together with a statement showing the amounts due from each City. Each City shall pay over to the Committee the amount owing in two equal installments, the first on or before January 31 and the second on or before July 31 of the following year. 5 3.4 Audit and Annual Reports The Committee shall cause to be made an annual audit of its books and accounts and shall make and file an annual report to the Five Cities once each year. Th e audit shall include the following information: a. the financial condition of the Committee; b. the status of all Committee projects; C. the business transacted by the Committee and other matters which affect the interests of the Committee. Copies of the annual report shall be transmitted to the clerk of each City. All of the Committee's books, reports and records shall be available for and open to examination by any member or to an official of a City at all reasonable times. 3.5 Gifts, Grants, Loans The Committee may, within the scope of this Agreement, accept gifts, apply for and use grants or loans of money or other property from the United States,. the State of Minnesota, a unit of government or other governmental unit or organization, or any person or entity for the purposes described herein; may enter into any reasonable agreement required in connection therewith; may comply with any laws or regulations applicable thereto; and may hold, use and dispose of such money or property in accordance with the terms of the gift, rant loan or 9 agreement relating thereto. 3.6 Contracts The Committee may make such contracts and enter into any such agreements as it deems necessary to make effective any power granted to it by this Agreement in accordance with the Joint Exercise of Powers Act, Minn. Stat. Section 471.59 a nd Uniform Municipal Contracting Act, Minns. Stat. Section 471.345. 6 3.7 Level of Service The level of Senior Transportation Program service in the Five Cities and in each City shall be determined by the Committee, but in no event shall any City receive less than 15% (as determined by the by -laws) of the total transportation service provided by the Committee. . SECTION 4 TERMINATION, WITHDRAWAL This Agreement may be terminated by action of four Cities occurring within a ninety (90) day period commenc with the action of any one City. Withdrawal of any member may be accomplished by filing written notice with the Committee chair and City managers of the other Cities. Withdrawal shall become effective 60 -days after proper notice has been given. No withdrawal from this Agreement shall be effective until the withdrawing member has met its full financial obligations to the C for the year of withdrawal and prior years. The withdrawal of four Cities constitutes termination of the Committee and this Agreement. SECTION 5 DISSOLUTION OF COMMITTEE The Committee shall be dissolved by termination of this Agreement or upon unanimous agreement of all members. Upon dissolution, all personal property of the Committee shall be sold and the proceeds thereof, together with. monies on hand after payment of all obligations, shall be distributed to the Cities. Such distribution of assets shall be made in 7 h proportion to the total contributions to the Committee for such costs made by each City. All payments due and owing from a City for operating costs or other unfilled financial obligations, shall continue to be the lawful obligation of the City. The withdrawal of Four Cities constitutes a termination of the Committee and this Agreement. SECTION 6 AMENDMENT The Committee may recommend and refer amendments to this Agreement to the Cities. Any amendments to this Agreement shall be approved by unanimous vote of the Five Cities and shall be acted upon by the members within 90 -days of referral and failure of a City to approve an amendment within the 90 -day period is deemed a disapproval by that City. Action on amendments shall be evidenced by appropriate resolutions of the members filed with the Committee and if approved shall become effective as of the date all such filings have been completed unless a different effective date is otherwise stated in the amendment. SECTION 7 COUNTERPARTS This Agreement and any amendment may be executed in several counterparts and all so executed shall constitute one Agreement or amendment, binding on all of the parties hereto notwithstanding that all of the parties are not signatory to the original of the same counterpart. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of completed execution hereof by the parties. 8 CITY OF BROOKLYN CENTER By Seal: Dated: City Manager CITY OF CRYSTAL By Seal: Dated: City Manager CITY OF GOLDEN VALLEY By Seal: Dated: City Manager er g CITY OF NEW HOPE By Seal: Dated: City Manager CITY OF ROBBINSDALE By Seal: Dated: City Manager 9 Licenses to be approved by the City Council on June 24, 1985 REVISES 6 1 ) AMUSEMENT DEVICE - OPERATOR roo$� kdale East Cinema 5801 John Martin Dr. Brookdale Plitt Theater 2501 County Rd. 10 Earle Brown Bowl 6440 James Circle Red Lobster 7235 Brooklyn Blvd. _ T. Wrights 5800 Shingle Cr. Pkwy. f of Police p� AMUSEMENT DEVICE - VENDOR Advance Carter 850 Decatur Avenue Twin City Novelty Co. 9549 Penn Ave. S. MJ ef of Police CIGARETTE LICENSE Theisen Vending 3804 Nicollet Ave. S. T. J. Applebee's Brookdale Ctr. J�`_ Qau�� City Clerk FOOD ESTABLISHMENT LICENSE 50's Grill 5524 Brooklyn Blvd. Denny's Restaurant 3901 Lakebreeze Ave. N. Donaldson's Brookdale Ctr. Earle Brown Bowl 6440 James Circle Show Biz Pizza 5939 John Martin Dr. ,` Q Sanitarian GARBAGE AND REFUSE VEHICLE LICENSE au$ t'ch Disposal Service 10264 Xylite Street NE Hilger Transfer Co. 8550 Zachary Lane Peterson Brothers 18605 Lk. George Blvd. cJ�.QQJ, Sanitarian, ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycees 2106 55th Ave. N. Central Park Carnival Site 60th & Earle Brown Dr. Earle Brown Days Committee 6500 Humboldt Ave. N. Sanitarian MECHANICAL SYSTEMS LICENSE Alaire Heating & Air Cond. 9000 Annapolis Ln. Comfort Heating & Air Cond. 4721 33rd Ave. N. uildin Official NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. W Ganto's Brookdale Ctr. arle Brown Farm Apts. 1701 69th Ave. N. A Sanitarian RENTAL DWELLING LICENSE Initial: Richard D. Bergstrom 5400 Russell Ave. N. i Renewal: Lang- Nelson Associates Chalet Courts Norman Chazin Four Courts Apts. Norman Chazin Northlyn Apts. Shingle Creek Tower Shingle Creek Tower Apts. James Maas 6234 Brooklyn Blvd. Richard Gautsch 5541 Bryant Ave. N. Bill Arendt 5813 Dupont Ave. N. Virgil L. Hillstrom 5907, 09 June Ave. N. Jeffrey K. Vest 5557 Knox Ave. N. Steve Bruggeman 4201 Lakeside Ave. #307 Patrick & Susan Mooney 4735 Lakeview Ave. N. Richard & Elfreda Ploof 5319 , 21 Queen Ave. N. Robert Baltuff 5930 Xerxes Ave. N. Cosmopolitan Apts. 3401, 3413 47th Ave. N. G & B Enterprises 3501 47th Ave. N. John & Susan Byrnes 3019 63rd Ave. N. T.W. Thorbus 4300 63rd Ave. N. Joe Hamm 4010 65th Ave. N. Director of Planning and Inspection GENERAL APPROVAL: ,n C,draid G. Sp ter, City Clerk i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF TWO SNOW BOX INSERTS WHEREAS, pursuant to Resolution No. 83 -172, written quotations were received and tabulated for the purchase of two snow box inserts; and WHEREAS, quotations received were as follows: Bidder Quotation Total Cost Bobcat, Inc Mpls., Mn. $3,825 ea. $7,650 Elliott Equipment Co., Davenport, Iowa 4,000 ea. 8,000 WHEREAS, the quotation received from Bobcat, Inc., was the lowest quotation meeting specifications from a responsible dealer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the quotation for (2) Two Snow Box Inserts from Bobcat, Inc. be accepted and the City Manager be authorized to purchase the same from funds appropriated in the 1985 Budget. 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. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel CoordinatorQ DATE: June 24, 1985 SUBJECT: Conditions for Employment of Richard Plouman for the Position of Superintendent of Streets and Parks It will be necessary for the City Council to approve by a motion the special conditions for employment of Richard Plouman for the position of Superintendent of Streets and Parks. A motion is necessary so as not to conflict with City Ordinance section 17 -111, subdivision 1 on vacation and Ordinance section 17 -112, subdivision 1 on sick leave. The special conditions will allow Mr. Plouman to receive three (3) weeks vacation accural upon employment and a bank of 100 hours of sick leave to be available in the event of illness during the first year of employment. As time passes during Mr. Plowman's employment with the City of Brooklyn Center, he will be earning regular sick leave which will eventually supplant the 100 hours of bank sick leave.