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HomeMy WebLinkAbout1983 12-05 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CITITER DECFMBER 5, 1983 7:00 p.m. 1. Call to Order 2. Roll Call f 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 Councilmember 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 - Regular Session November 7, 1983 _ - r 21 1 November Regular Session Novem , 983 *7. Final Plat: Brookwood Homes -This plat provides for the subdivision of the northeasterly lot of Brookwood Residences into 32 townhouse lots and one common area. *8. Performance Bond Reduction: Evergreen Estates, 800 block of 70th Avenue North 9. Resolutions: *a. Giving Preliminary Approval to a Proposal for a Multifamily Housing Development Bond Program -This resolution would grant preliminary approval for the issuance of revenue bonds to finance construction of the 73 unit multifamily rental apartment facility, which is part of the elderly housing project (Brookwood Estates). *b. Accepting Work Performed under Contract 1982 -J (Lions Park West Trailway Improvement Project No. 1982 -18, Central Park /Garden City Park Trailway Extension Improvement Project No. 1982 -19, Civic Center Access Improvement Project No. 1982 -21, Civic Center Parking Lot Improvement Project No. 1982- 22 -This contract provided for construction of the woodchip trail in Lions Park West, completion of the exercise trail, and improvements to the City Hall access and parking lots. * c. Accepting Work Performed under Contract 1983 -K (Humboldt Avenue North Street Improvement Project No. 1983 -11) -This contract provided for widening of Humboldt Avenue North of 69th Avenue. * d, Establishing Water Assessment Rates Effective January 1, 1 984 -This resolution adjusts the water hookup rates, based on the Consumer Price Index, as per existing policy. CITY COUNCIL AGEIMA -2- December 5 1983 *e. Amending Municipal State Aid Street Construction Policy to Establish Maximum Assessment Rates for Residential Properties on 1984 Projects This resolution adjusts the maximum rates for curb and gutter and street construction based on the Construction Cost Index. ' f. Authorizing Joint and Cooperative Agreement for Use of Personnel and Equipment (Regional Mutual Aid Association) -The proposed agreement provides for mutual aid emergency assistance among the public works departments of participating cities. *g. Approving, Quotations and Authorizing Purchase of Truck for Police Department - Purchase of this vehicle is authorized by the 1984 Budget. The vehicle will be'used by the CEOs. h. Accepting Insurance Proposal for Liquor Liability Insurance *i. Amending the 1983 General Fund Budget -This resolution would transfer funds from Community Center account Object No. 4382 (Equipment Repair) to Object No. 4552 (Other Equipment) and would provide for the replacement of the popcorn machine in the Community Center. *j. Recognizing the Achievement of Nancy Erickson -This resolution recognizes the achievement of Nancy Erickson who swam 500 miles in the Community Center pool over a period of three years. 10. Public Hearing on an Industrial Development Revenue Bond Proposal from Byerly's (7:30 p.m.) 11 Ordinances a. Vacating Grimes Avenue North within Dale and Davies 2nd Addition and Lakeside Avenue easterly of Indiana Avenue 12. Renewal of Humboldt Liquor Store Lease for One Year *13. Licenses 14. Adjournment Note: A special - executive session of the Council will be held following adjournment of the Council meeting. The special session will be held to discuss matters related to collective bargaining issues. MINUTES OF THE PROCFFDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTM IN THE 'COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOM1BFR 7, 1983 CITY HALL CALL TO ORDER The roo7lyn Center City Council met in regular session and was called to order by 'Mayor Dean Nyquist at 7:07 p.m. ROLL CALL Mayor eaan Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION 'fi e ie 'nvo'cation was offered by Pastor Stanley Hunt of the Brookdale Covenant Church. OPEN FORUM or Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. APPROVAL OF CONSENT AGENDA Mayor Fyquist inquired if any of the Council members desired any items removed from the Consent Agenda. Councilmember Theis requested that items 8j and 11 be removed from the Consent Agenda. RESOLUTIONS - S 0177 0. 83 -163A e�I mber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING A PFTITION TO RESCIND RESOLUTION NO. 83 --128 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof : Dean Nyquist, Gene Ihotka, 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. 83 -164 Zem ber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER EARLS BROWN FARM ESTATES SIDEWALK IMPROVMW PROJECT NO. 1983 -13 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich `Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -165 Member Celia Scott introduced the following resolution and moved its adoption: 11 -7 -83 -1- RESOLUTION ACCEPTING WORK PFRFORMED UNDER PEDFSTRIAN /BICYCLE TRAILWAY IMPROVE= PROJECT 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 M "yquist, 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. 83 -166 Member Celia Scott introduced the following .resolution and moved its adoption: RFSOLUTION APPROVING AGRFRUMTT WITH BROOKLYN CENTFR DEVELORMTT COTIPANY REGARDING SPECIAL ASSESSMENT FOR STORP SEWER PROJECT NO. 1980 -24 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 Pyquist, Gene Lhotka, Lelia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLLUION 83-167 Member Celia Scott introduced the following .resolution and moved its adoption RESOLUTION RELATING TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DFVELQPIMTT ACT; CALLING A PUBLIC HEARING 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 r'' Dean ?yquist, 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 N0. 83-168 Member Celia Scott introduced the following .resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS OITF (1) FOUR - WHEEL DRIVE SIDEWALK PLOW AND; DIRECTING ADVERTISRTfTIT FOR BIDS The motion for the adoption of the foregoing .resolution was duly seconded by member Lill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean 'Nyauist, 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 N0. 83 -1,69 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICIATIONS AND AUTHORIZING ADVFRTISE[ET.TS FOR BIDS FOR FLTJ ISHING ATTD DFLIVERING THREE COMPACT POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: 11 -7 -83> -2- 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 RF23azuTZ011 No. 83 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION I0 THE 1983' BUDGET AND AUTHORIZING THE PURCHASE OF EXERCISE STATIOP S FOR _WEIGHT ROOM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, 'Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83-171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING REVISED ICMA DEFERRED COMPENSATION PLAN The motion for the adoption of the foregoing .resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: COMMERCIAL M LICENSE Brooklyn Pet Hospital 4902 France Ave. N. FOOD ESTABLISJUTATT LICENSE Country Store 3600 63rd Ave. N. MYCHANICAL SYSTEMS LICENSE Air Conditioning Associates 689 Pierce Butler Rt. Northeast Sheet Metal, Inca 4347 Central Ave.`N.E. NONPERISHABLE VETTDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Sinclair 6601 Lyndal.e Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES OCTOBER 3,'1983 ere wasa motion ounce membe r`TFieis and seconded by Councilmember Scott to approve the minutes of the City 'Council meeting of October 3, 1983 as submitted 11 -7 -83 -3- Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember I,hotka abstained as he was not present at the October 3, 1983 meeting. APPROVAL OF MINUTES — OCTOBER 17, 1983 There was a motion by Councilmember Ihotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of October 17, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PRESENTATION OF AWARDS TO REV. BOB CILK.E AND KAREN DUFNOW Ilayor Nyquist noted the Council had passed .resolutions in recognition of the public service of Rev. Bob Cilke and Karen Duenow upon their retirement from the City's Housing Commission. He explained that the resolutions were passed in recognition and gratitude for the public service of both Rev. Cilke and Ms. Duenow. The Mayor proceeded to read. the .resolutions' and present them to Rev. Cilke and Karen Duenow. APPOINTMENT TO PARK AND RECREATION COLT- ISSION Mayor Nyquist noted that he had .received an application for the Park and Recreation Commission from Mr. Don Peterson, 3715 58th Avenue North, and that he was recommending him for appointment to the Park and Recreation Commission. Councilmember Hawes, liaison to the Park and Recreation Commission, commented that he has worked with Mr. Peterson over the past three years, and that Mr. Peterson has been interested in serving the City in some capacity. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to,: appoint Mr. Don Peterson, 3715 58th Avenue North, to the Park and Recreation Commission, .representing Park Service Area 5, and to complete the unexpired term of Mr. Harry Bradford. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The "City Manager introduced a Resolution Amending the City's Purchasing Policy, and explained that the preparation of specifications for formal bids .reflects a substantial cost for bidders. In .recognition of this fact, he explained that the= State Legislature has increased the dollar amount of contracts for purchases which are required to be undertaken through a formal bidding procedure from $10,000 to $15,000. He added that the City will still get at least two quotations, however, formal bids will not be .required for items up to $15,000. At the request of Councilmember Theis, the City Manager .reviewed the intent of the state statute .regarding purchasing RESOLUTION NO. 83 -172 Member Rich 'Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING A CITY PURCHASING POLICY 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 - 'Weis; and the following voted against the same: none, whereupon said resolution was declared' duly passed and adopted. 11 -7 -83 -4- RESOLUTION NO. 83 -173 11 Dill Hawes introduced the following resolution and moved its adoption: RESOLUTIONt ACCEPTING QUOTATIOTTS FOR THE PURCHASE OF DIVING TOWERS FOR THE COMMUNITY CFNTER POOL AED AUTHORIZING ITS PURCHASE 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 11yquist, Gene Ihotka, Celia Scott, Dill 'Hawes, and Rich Theis and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Yanager introduced a Resolution Establishing Service Charge for Special Assessment Searches. He explained that the staff's original proposal contemplated charging $25 per parcel fora special assessment search but that the recommendation was being decreased to $15 after a survey was conducted of other cities in the area. He explained the survey howed that the highest charge for a special assessment Y � g p search is now $12. He pointed out the .revised .resolution proposed by the staff would increase the service charge from $5 to $15 and would take affect January 1 1984. Council-member Ihotka inquired how many requests the City .receives each year for special assessment searches. The Director of Public Works explained that the City .receives approximately 750 requests per year for special assessment searches, and that the Clerk IV in the Assessor's department spends approximately 50% of her time on special assessment searches. Allowing for the Clerk IV's wages with an allowance for fringe benefits, the Director of Public Works explained that the cost of an assessment search is approximately $20 to $25. He pointed out that the cost .reflects engineering costs and computer time and totals approximately $16,000 to $18,000 per year. Councilmember Ihotka stated that he would have no problem with going with the original staff recommendation of $25 per search. The City Y Attorne commented that the City is responsible for correct information and must pay if the certification is not correct. RESOLUTION NO. 83-174 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ADJUSTING SERVICE CHARGE FOR SPECIAL ASSESSMENT SEARCHES 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, and Rich Theis; and the following voted against: Gene Ihotka, and Bill Hawes, whereupon said .resolution was declared duly passed and adopted. The City P'anager introduced a Resolution Authorizing Purchase of Data Processing Equipment for Public Utilities Division. The Director of Finance noted that the figure of $6,623 contained in the memorandum is correct and should be reflected in the resolution. 11 -7-83 -5- RESOLUTION NO. 83 -175 Mem er'.1.l7awes In roduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE THE PURCHASE OF DATA PROCESSING EQUIPMENT FOR THE PUBLIC UTILITIES DIVISION 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. PLANNING COTIP '7ISSION APPLICATION NO 83053 SUBMITTED BY BRADLEY =1Z FOR A VARIANCE FROM THE SUBDIVISION ORDINANCE TO ALLOW SUBDIVISION OF PROPERTY BY TTTES AND BOUNDS The D %rec o f Planning 8- Inspection presented and reviewed for Council members pages :1 through 2 of the October 20, 1 983 Planning Commission meeting minutes and also the information sheet prepared for Application No. 83053. He then .reviewed the location and zoning of the subject parcel, and explained that the application will not create additional lots but will change the existing boundary lines betvieen the lots. He added, that the new property line would establish a 4 side yard setback for the existing, garage which now encroaches over the existing property line. He added that there is also an existing fence between the properties, and that the subdivision eliminates a n proposed onconformin situation and makes the lot a standard size lot. g o The Director of Planning & Inspection pointed out that the Planning Commission, following a public hearing, recommended approval of the application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application I?o: 83053, and inquired if there was anyone 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 Lhotka.to close` the public hearing on Application No.' 83053• Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 83053 subject to the new metes and bounds subdivision being filed at the county no later than June 1 , 1984. Voting in favor: Mayor Nyquist, Council-members hhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7;45 p.m. and .reconvened at 8;00 p.m. REQUEST FOR AUTHORIZATION TO ENTER INTO AGRF1 FOR COLLFCTIOIT OF ACCOUNTS Councilmember Theis requested additional information regarding the fee schedule for the collection agency. The Director of Finance explained that for accounts $75 and over, the fee would be 33 1/3 %, and for those under $75, a 50% fee would be charged. He also explained that the checks would' not be turned over immediately to the collection agency but that the procedure would be to first call the individual, 11 -7 -83' -6- then send a letter, and if those two approaches failed then the account would be turned over to the collection agency. Councilmember Theis made an inquiry as to the types of controls placed on the collection agency. The Director of Finance explained that the staff chose the agency that had the best reputation, and that if the service is unsatisfactory the contract can be canceled immediately. There was a'motion by Councilmember Theis and seconded by Councilmember Scott to authorize the areement for collection of accounts. Voting in favor: Mayor Nyquist, Council Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCES AN ORDINANCE ArUU DING CHAPTER 13 OF THE CITY CODE OF THE CITY OF BROOKLYN CENTER BY 1 EGU=FG T A77,S — AI's SpACF The City Planager explained that this ordinance was first read on October 3, 1c83, published on October 13, 1983, and is offered for a second .reading this evening. Councilmember Scott inquired whether the signs reflecting the changes in the ordinance were ready to be placed in the parks. The City Manager .replied that the signs were .ready to be installed. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 13 of the City Code of the City of Brooklyn Center by Regulating the Use of City Parks and Open Space. He inquired if there was anyone present t'rho wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. These was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 13 of the City Code of the City of Brooklyn Center by Regulating the Use of City Parks and Open Space. Voting in favor: Mayor Nyquist, Council-members Lotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83-16 Member Gene Lh k of a introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF BROOKLYN CENTER BY REGULATING THE USE OF CITY PARKS AND OPEN SPACE The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDINANCE ADMI DING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR AN ORDINANCE AMFVDING CHAPTER 23 OF TIE ORDINANCES REGARDING LIQUOR LICENSE • 11 -7 -83 -7- The City Manager explained that the ordinances were first read on October 17, 1983; published on October 27, 1983, and are offered for a. second reading this evening. Mayor Nyquist introduced a motion to amend the ordinance by establishing three classes for liquor licenses, one being, establishments which sell 40% to 49% food with a license fee of $14,000, the second class, to 79% food with a fee of $11,000, and the third class of establishment, selling and above food with a license "fee "of $8,000. Mayor Nyquist's amendment also included delaying the effective date of the fee schedule revisions for on -sale intoxicating liquor licenses to January 1, 1985 and the revisions proposed by the City Attorney in his memorandum dated November 2, 1983. Councilmember Theis seconded the motion for purposes of discussion. The City Manager reviewed the amendments to the liquor ordinance submitted by the City Attorney and noted that they were technical in nature. Councilmember Lhotka inquired how many licenses were currently in each of the classes proposed by Mayor Nyquist. The City Manager replied that there were two establishments in the 80% and above class, two in the 40% to 49% class, and five in the 50% to 79% class. The City Attorney stated that in item No. 3 in his memorandum dated November 2, 1983 the reference to Class D should be changed to Class C since the Class D license is eliminated by the amendment, Councilmember Theis reviewed the City Attorney's memorandum .regarding the liquor license ordinance and dated November 4, 1983, and explained that the memorandum addresses establishments that had significant income from items other than food and liquor. With regard to the City Attorney's memorandum, dated 1ovember 4, 1983, Mayor Nyquist pointed out that a separate statute exists for split liquor and it does not address "establishments ". He added that he also believes that there would be a discrimination problem if these types of establishments were differentiated in the ordinance The City Attorney commented that he believes there would be a problem of discrimination and cited the example of a "pure" restaurant having its license revoked for going below the required ratio. He pointed out that it is difficult to justify the situation where a particular establishment should be held to a lesser standard than a .restaurant. Councilmember Theis commented that the common practice in bowling alleys is that the clientele tends to drink and not eat during bowling matches'. The City Attorney commented that the legal community has accepted the bowling /liquor /food establishment as qualifying under the split liquor statute which addresses only hotels and restaurants. He added that this acceptance has not yet been challenged. Mayor Nyquist commented that the establishments are licensed because they are restaurants Councilmember Theis stated that he believes the bowling alley is a different type establishment, and'that he is concerned with this difference in any fee schedule structure. 11 -7 -83 -8- Councilmember Lhotka stated that he views the situation as two different establishments and explained that the restaurant is a new business added to the bowling business. Councilmember Lhotka then inquired what the increase cost in administration has been with regard to liquor establishments and the licensing process. The City Manager stated that Administrative Assistant Hoffman conducted a study approximately two years ago and the cost in $23,000 from 1969., He added that the ordinance is designed to address a specific type of business and that evidence shows that more liquor served at an establishment means more calls for service. He added that the City does not have a bar problem now and that the ordinance is an attempt to keep the situation that way. He stated he believes there should be some penalty for dropping below 50/"' sales in food. Councilmember Lhotka stated that he was concerned about covering the administrative cost, The City Manager replied that.the fee schedule has never been directed at recovering costs but rather as a control measure. Councilmember Lhotka then asked the City Manager to comment on the Mayor's amendment to the ordinance. The City Manager stated the staff approached the liquor ordinance with a recommendation for an increase in license fees and the Chamber proposed a reduction. He added that the end result will probably be a compromise between the two proposals. He explained that the 1984 Budget does not reflect an increase in the liquor license fee schedule. Councilmember Lhotka stated that he is concerned that the fee schedule is equitable and that he also believes it should be increased. He added that he does not have a real problem with the amendment but believes the issue will be before the Council again in the future. Councilmember Scott commented that she believes Mayor Nyquist's compromises is the best possible solution, and that she preferred the sliding fee over two distinct categories of licenses. She added that she does not like using liquor licenses to make money since the purpose of the licensing process is to maintain quality establishments. She added that she supports the Mayor's proposal and pointed out that presently the City's license fees are higher than other cities in the area. She added that she does not want to see fees discourage any new establishments. Councilmember Hawes stated that he also supports the Mayor's proposal and that apparently the business community does not object to it. He added that he believes the argument for keeping the one day beer license at $10 and not $25 is also a good recommendation. Councilmember Theis stated that he believes the percentage problem with .regard to the food /liquor .ratio will continue since he does not think the problem is solved. Mayor Nyquist noted that the situation of establishments being on the edge of the various classes with regard to the food /liquor sales will never totally be solved Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor and An Ordinance Amending Chapter 23 of the City Ordinances Regarding Liquor license Fees. Mayor Nyquist recognized Mr. Jack Weber who stated that as a .representative of the Chamber of Commerce, the Chamber is in complete agreement with the Mayor's amendment with regard to the license fee classifications and also with the one year moratorium on the effective date of the ordinance. He added that all license holders in the City are also in agreement with the amendment. 11 -7 -83; -g- Mayor Nyquist recognized Mr. Ken Felger, Vice President of the Brooklyn Center Jaycees, who stated that he would like to address the proposed increase in the temporary on -sale beer license which is currently at $10 per day per location. He pointed out that the increase in this license is one of the highest percentage increases in the liquor ordinance. He then reviewed the license fees charged by other cities for similar licenses and pointed out that Crystal's fee is $13.25 per day per location, Brooklyn Park's is $20 per week, and the City of Fridley can waive the fee for nonprofit groups. Mr. Felger outlined the accomplishments of the Brooklyn Center Jaycees which included the Sports Award Program, the C.E.A.P. shopping spree, which provides underprivileged children with money for Christmas presents for members of their family, and also various park improvements. Mr. Felger requested the City Council to .review the license fee and stated that he believes the $25 increase will not appreciably affect the .revenue for the City. He stated that he would request the license fee charged for temporary on -sale beer licenses be kept as is or waived, as is done in Fridley, in consideration of the Jaycees contribution to the City and citizens of Brooklyn Center. Councilmember Lhotka inquired as to the administrative cost and number of temporary on -sale licenses. The City Manager replied that the charge for a one day event does not .recover the administrative cost but that two days might, and pointed out that the average administrative cost is between $15 and $25. He added that few licenses are issued and that they are generally issued on a daily basis. Mr. Felger stated that last year one license extended for several days and was $80 and another was $40. He added that the Jaycees is not opposed to _paying their own i way but he added he believes the $25 for a license is too significant an increase. There was a motion by Councilmember. Lhotka and seconded by Councilmember Scott to retain the fee of $10 for temporary on -sale beer licenses. Voting in favor: Mayor Nyquist, Council-members Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist recognized Ms. Debra Stinson, President of the Citizens for Better Government. Ms. Stinson stated that the Citizens for Better Government requests that the Council postpone the vote on the liquor ordinance to the next Council meeting. She added that this .request is made because the Citizens for Better Government is interested in holding a meeting of it's membership to discuss proposing recommendations to the City Council regarding the liquor ordinance. She added that the Citizens for Better Government plans to hold their meeting this Wednesday to gather input to provide to the Council.: Councilmember Scott stated that she was concerned regarding the timing of the Citizens for.Better Government input. Ms. Stinson replied that the Citizens for Better Government is bound by its bylaws to have a ten -day notice to members regarding meetings and pointed out that the meeting would be held on November 9. Councilmember Theis stated that he believes the timing is such that the Council could obtain input from the Citizens for Better Government and still meet the time requirements of passing the ordinance. Councilmember Hawes stated that, in discussions with 11r. Al Beisner, Mr. Beisner 11 -7 -83 _10- f indicated to him that there is no problem with delaying the decision to obtain input from the Citizens for Better Government. He added that he is in favor of postponement of consideration of the ordinance until the next meeting. The City Attorney stated that there would be no publication problem with regard to delaying the vote on the ordinance. He added that the problem could occur with the time for license holders to submit their applicati -ons for .renewal, which is typically done in mid December. The City Attorney .requested that the Citizens for Better Government submit their proposals to the City - staff as soon as possible. Ms. Stinson stated that it is not the Citizens for Better Government intent to delay the passage of the ordinance amendment but that they would like an opportunity to provide input by next week. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to table consideration of An Ordinance Amending Chap er 11 of the City Ordinances Regarding Liquor and An Ordinance Amending Chapter 23 of the City Ordinances Regarding Liquor License Fees until the regularly scheduled Council meeting on November 21, 1983. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURTI 525 There was a motion by Councilmember Lhotka and seco 'ded. by "Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Ny The ist, Councilmembers I,hotka, e. Scott, Hawes, and Theis. Voting against: non motion passed unanimously. The Brooklyn Center City Council adjourned at 9.0� P.M. . Clerk Mayor 11 -7 -83 -11- - 7 C T Y F 6301 SHINGLE CREEK PARKWAY B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY— POLICE —FIRE ENTER - 911 TO: Sy Knapp, Director of Public Works FROM: Jim Grube, Assistant City Engineer DATE: December 2, 1983 RE: Final Plat of Brookwood Townhomes Subdivision of the Northeasterly lot of Brookwood Residences into 32 Townhouse Lots and a Common Area (Planning Commission Application No. 83030) Brutger Companies, Inc., developer of the Brookwood Housing Development, has petitioned the City Council_ to approve the referenced final plat. Conditions placed upon the plat by the City Council at its July 11, 1983, meeting are: 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 Homeowner's Association documents shall be submitted to the City Attorney for review and approval prior, to final plat approval. The Homeowner's Association documents have been reviewed and approved by the City Attorney. A review of the plat shows that all is in order; however, the developer has snot submitted an Abstract of Title for review by the City Attorney. Staff recommends the City Council approve the referenced final plat at its December 5, 1983, meeting contingent upon review and approval of an Abstract of Title by the City Attorney. JNG :jn ,,,?4 50«Net4( 9g More Cam" ;/'•Z ova cy g �• / __. � � /,Q� � .Y. L m /ap of t ats .1. J•ryep :af r /h•., a 'SO1' ` , 3 )iS ' / ' 1.31. /t. LJN bQyti. ti J.S1.II.LJM 1 // `�^•`` � /g C �0 018 � f +r lht Zl EI bl 5t ; , i a ✓r.n.LJN trrsi . �• �') 0�/ ..�, i!J /ap f 1.3 • I ...oJ1a • ..:w .�. /'a /p »p / is 11•Et� 9 L 8 6 01 11 11' ; , ,�;; :71a It , + <s a �► { r ��' ''�•' >i 91 L! gl 614•'. I Z t 9 L g N. L 'o /,p aaj I o t �^ /•C y i � A� - q• °/ 1.1r,rr.uN I / /,i t• �9. ... Z .. ...O,q'Jq- � ,,.._...•. 1 �� 9a .: Cyb:ssy 7.y %N —s S. ey '•s h 1 — �• /' FiiN I `' fit o 0 ct�., 1 prrtlN 1 y . 000J/- sylw -.y,;w %t.- $I.: e - { � �, � ""' --'�" �eu,u0� y 7 .� pb'bEl •6 Ij PY� E .`»°'�._ °t .. �..° t ti. ^1�cv.['�_ZV /F6i8 i's �� . fir // a •(�at.t /' t7 G 1srfc.raN J MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection P FROM: Gary Shallcross, Planning Assistant DATE: December 1, 1983 SUBJECT: Performance Guarantee The following performance guarantee is recommended for reduction: 1. Evergreen Estates 857 -885 70th Avenue North Planning Commission Application No. 82031 Amount of Guarantee - $30,000.00 Obligor Schlee Builders, Inc. All paving curbing, and landscaping has been installed in accordance with the approved plans Recommend reduction to $3,000.00 until spring to insure viability of landscaping. - Approve by ( ec.�.�e_ ..... -- Ronal A. Warren, Director of Planning and Inspection Member introduced the following resolution and moved its adoption: F RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSAL FOR A MULTIFAMILY HOUSING DEVELOPMENT BOND PROGRAM WHEREAS, Minnesota Statutes Chapter 462C (the "Act ") authorizes the City of Brooklyn Center (the "City ") to develop and administer programs of making or purchasing loans to finance multifamily housing developments located within its boundaries for rental primarily to elderly persons; and WHEREAS, the City has received a proposal from Brookwood Estates Limited Partnership, a Minnesota limited partnership (the "Developer") for a Multifamily Housing Development Bond Program .(the - "Program ") for the issuance of bonds in an ,amount presently estimated not to exceed $4,500,000 to make a loan to finance the construction of a 73 unit multifamily rental apartment facility for occupancy by low and moderate income persons and families, to be located north of the intersection of Girard and North Lilac Avenue in the City and to be known as "Brookwood Estates " to be undertaken by the Developer (the "Project "); and WHEREAS, the City on September 21, 1982 adopted the Housing Plan (the "Plan ") for the City, and undertaking the proposed Multifamily Housing Develop - ment Revenue Bond Program to finance the Project would be consistent with the purposes and housing goals set forth'in the Plan; and WHEREAS, the City, has considered (1) the availability and affordability of other government housing programs for low and moderate income persons and families; (2) the availability and affordability of private market financing for construction of multifamily housing development for low, and moderate income persons and families; (3) an analysis of population trends; and (4) the recent_ housing trends of the City and future housing needs in the City; and WHEREAS, the City Council has further considered (1) the amount, timing and sale of bonds to finance the estimated amount of the loan to be made under the Program and to pay the costs of issuance; (2) the method of administering and supervising the Program (3) the cost to the City, including future admin- istrative expenses; and (4) certain other limitations, and WHEREAS, based on certain representations of the Developer, it would appear that giving preliminary approval to the Program to finance the Project would be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: 1. That preliminary approval is hereby given to the proposal -of the Developer that the City undertake a Multifamily Housing Develop- ment Revenue Bond Program for issuance of revenue bonds in an amount presently estimated not to exceed $4,500,400 pursuant to the Act to finance construction of the Project by Brookwood Estates Limited Partnership. RESOLUTION NO. The final issuance of any such revenue bonds shall be subject to the approval of this City Council and the mutual agreement between and among the City, the Developer, the Trustee for such bonds, the initial purchaser or purchasers of such bonds, and any other parties to such bond financing. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote bein g taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I i RESOLUTION NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN I, Gerald G. Splinter, City Clerk of the City of Brooklyn Center, in the County of Hennepin, and . State of Minnesota, do hereby certify that I have examined the attached copy of Resolution # adopted by the City Council of said City at a regular meeting thereof held on the 5th day of December, 1983, and have carefully compared the same with the original thereof now on file in this office, and that said .attached copy is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this day of - 2 1983. City Clerk t ... i. 3 Member introduced the following - resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 --1 (LIONS PARK WEST TRAILWAY IMPROVEMENT PROJECT NO. 1982 -18, CENTRAL PARK /GARDEN CITY PARK TRAILWAY EXTENSION IMPROVEMENT PROJECT NO. 1982 -19, CIVIC CENTER ACCESS IMPROVEMENT PROJECT NO. 1982 -21, CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT NO. 1982 -22) WHEREAS, pursuant to written Contract 1982 -1 signed with the City' of Brooklyn Center, Minnesota, C.S. McCrossan, Inc. has satisfactorily completed the following improvements in accordance with said - contract: LIONS PARK WEST TRAILWAY IMPROVEMENT PROJECT NO. 1982 -18 CENTRAL PARK /GARDEN CITY TRAILWAY EXTENSION IMPROVEMENT PROJECT NO. 1982 - CIVIC CENTER ACCESS IMPROVEMENT PROJECT NO. 1982 - CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT NO. 1982 - 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract, change order and supplemental agreement is accepted and approved according to the following schedule: LIONS PARK WEST TRAILWAY IMPROVEMENT PROJECT NO. 1982 - As Final AMroved Amount Original Contract $ 22,857.50 $ 23,074.63 CENTRAL PARK /GARDEN CITY PARK TRAILWAY EXTENSION IMPROVEMENT PROJECT NO. 1982 -19 Original Contract $ 50,807.50 $ 50,817.13 Change Order No. l 307.00 307.00 TOTAL $ 51,114.50 $ 51,124.13 CIVIC CENTER ACCESS IMPROVEMENT PROJECT NO. 1982 -21 Original Contract $ 70,117.50 $ 69,421.93 CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT NO. 1982 -22 Original Contract $ 50,135.75 $ 46,728.84 Supplemental Agreement No. 1 1,500.00 1,500.00 �., TOTAL $ 51,635.75 $'48,228.84 a 2. The value of work performed is less than the sum of the original contract, Change Order, and Supplemental Agreement by $3,875.72 due to a general overestimation of planned quantities. RESOLUTION N0. f E 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall. be $191,849.53. 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: i and the following voted against the same:. whereupon said resolution was declared duly passed and adopted. I I n k S_ S f0 Member introduced the following resolution and 3 moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 —K a (HUMBOLDT AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1983 -11) WHEREAS, pursuant to written Contract 1983 -K signed with the City of Brooklyn Center, Minnesota, Hardrives, Inc. has'satisfactorily completed the following improvement in accordance with said contract: HUMBOLDT AVENUE NORTH STREET IMPROVEMENT PROJECT NO.- 1983 -11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved as follows: As Final Approved Amount Original Contract $ 35,578.00 $ 33,695.06 2. 'The value of work performed is less than the original contract amount by $1,882.94 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 improvement under said contract shall be $33,695.06. 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. 9d Member introduced the following resolution and moved its adoption: �....,. :,x RESOLUTION NO: f RESOLUTION ESTABLISHING'WATER•ASSESSMENT RATES EFFECTIVE JANUARY 1, 1954. WHEREAS, Resolution Nos. 74 -45 and 77113 provided for the annual adjustment of water assessment rates for non - single family residential and single - family residential properties, respectively; and WHEREAS, said adjustment in water assessment rates is specified in said resolutions to be effective January 1 of each year; and WHEREAS, said adjustment is also specified in said resolutions to be in accordance with the annual change in the Twin Cities Consumer Price Index for the preceding month of October; and WHEREAS, the City Engineer has reported to the City Council that the change in the Twin Cities Consumer Price Index from October, 1982, to October, 1983, was an increase of 3.0 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the water assessment rates effective January 1, 1984, shall be as follows Assessment 1984 Rate Single Family Residences $2,400.00/lot Frontage $24.57/front foot Area $7.62/100 square feet Service Hookup $567.00 /each 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 AMENDING MUNICIPAL STATE AID STREET CONSTRUCTION POLICY WHEREAS, the City's Municipal State Aid Street policy comprehends the establishment of maximum assessment rates to benefiting residential properties for street improvements to Municipal State Aid Streets; and WHEREAS, said policy provides that the maximum rates will be adjusted annually based on current day costs; and WHEREAS, the Director of Public Works has reported that the Engineering News Record Construction Cost Index for the Minneapolis has increased 5.5 percent between October, 1982,,- -and October ,-!9a3i- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. that the maximum assessment rate to residential properties for a street paving improvement on a Municipal State Aid street shall be increased from $11.00 per assessable foot to $11_60 P er assessable foot. 2. that the maximum assessment rate to residential properties F for concrete curb and gutter installation on Municipal State Aid streets shall be increased from $11.60 per assessable foot to $12.20 per assessable foot. Date Mayor } t ATTEST: Clerk The motion f s duly seconded b Th o on or adoption of the foregoing resolution ti n wa the ad o e oin r o u o 0 P 9 g Y Y a member d v taken thereon the following an upon vote being , g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. } E r I �r Member introduced the following resolution and moved its adoption: r RESOLUTION NO. t RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT - REGIONAL MUTUAL AID ASSOCIATION BE IT RESOLVED by the City Council of the City of Brooklyn Center, as follows: WHEREAS, the City of Brooklyn Center desires to become a member of the Regional Mutual Aid Association and its Director of Public Works is its authorized representative, and; its City Manager its alternative representative and WHEREAS, a mutual need exists between members of the Regional Mutual Aid Association to share and assist one another in the areas of emergency, disaster control; and mitigation; and WHEREAS, the City of Brooklyn Center considers it to be in the best interests of the City to enter into a mutual agreement with the other members of the Regional Mutual Aid Association. NOW, THEREFORE, BE IT RESOLVED, that the City of Brooklyn Center enter into agreement with the Regional Mutual Aid Association and hereby authorizes its Director of Public Works to represent the City of Brooklyn Center in this association and the Mayor and City Manager are hereby authorized to sign said agreement in behalf of said City of Brooklyn Center. Date Mayor ATTEST: f Clerk The motion for the adoption of the foregoing resolution was 'duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY t � � BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 , "1 P�1 E EMERGENCY- POLICE —FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 1, 1983 RE: Regional Mutual Aid Agreement For Mutual Aid Emergency Assistance The attached letter /Agreement /Constitution and Bylaws regarding the establishment of a Regional Mutual Aid Association are self explanatory.` i strongly support this concept and recommend that the matter be submitted to the City Council with a recommendation for approval. A resolution for that purpose is provided for consideration by the City Council. Respectfully submitted, SK j n ?Ice Sa ketl ,q NO" �" MINNESOTA CHAPTER dg �► Ame rican Public Works Association Dear Local Government Leader: What if a major tornado, windstorm, or flood hit your area today? Would you have enough manpower and equipment to cope with such events? Experience has shown that no single organization is able to adequately deal the Minnesota Chapter em P om this � robl , help e ions. To h P with these situat p of the American Public Works Association (MPWA), has concluded that a new cooperative approach would be very beneficial to most local government or- ganizations. The solution would be for the government agencies to set up mutual aid assistance groups around the state to provide the basis of aiding each other when such major events occur. Police and fire departments have used similar approaches successfully.for many years. Such aid would be done totally on a voluntary basis sis with no one being required to provide either manpower, nor q equipment to any other organization, unless they chose to do so. By entering into a joint cooperative agreement now for the use of other or- ganizations, personnel and equipment, you will be prepared for fast action. You would have information already available showing what equipment others own, who to contact (including after working hours), and be able to move at once, without red tape delays: The cost of operating such associations is anticipated to be extremely small. Please review the accompanying model resolution and mutual aid agreement, or give it to the appropriate individual in your organization.' I hope that it will explain the proposed approach. If you have any questions, please list them with the tear -off portion of the next page, contact any of the committee members, or attend the fall meeting of MPWA scheduled for November 17 and 18, Brooklyn Park,_ Minnesota. Please do not put off consideration' of this idea on the assumption that it would not happen to you, the feeling that others would not actually help with your problem, or that it would not be useful. First -hand experience in my community, as the result of a tornado in 1981, demonstrated very clearly that it can happen to you, others do have resources and a willingness to hel assist, and being ready and prepared a tremendous mendou s is P• i :The MPWA is willing to help get the local governments in your area organized, r In order to do so, we need to know your reaction and interest, even if it is negative. Please return the tear -off portion below with the appropriate infor- mation. Thank you very much for your assistance. Charles V. Honchell, Chairman Administrative Management Committee Minnesota Public Works Association 2660 Civic Center Drive' Roseville, Minnesota _55113 (612) 484 -3371 OTHER COMMITTEE MEMBERS: Duane Elliott Ken Stevens, John Flora Short- Elliott- Hendrickson Public Works Maintenance Dept. City of Fridley 222 E. Little Canada Road Hennepin County 6431 University Ave.NE St. Paul, Minnesota 55117 320 Washington Ave., So. Fridley, Minnesota (612) 484 -0272 Hopkins, Minnesota 55343 55432 (612) 935 -3381 (612) 571- 3450 RESPONDENT OPINION NAME I favor the concept and would like to be included in future actions. TITLE I am interested, but need more !--� LOCAL GOVERNMENT information. u ADDRESS: f Not interested. 1 _� Phone No, ( ) COidMENTS OR QUESTIONS JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION I. .PURPOSE The City /County recognizes that it has authority pursuant to the provisions of the Joint Exercise of Powers Act, Sec. 471.59, Minnesota Statutes, to enter into an agreement to jointly and cooperatively exercise a power common to each of the con- tracting powers, the result being to establish a regional Mutual Aid Association representative of the various communities with authority and responsibilities relat- ing to utilization of resources to counteract natural and man made disasters common to all communities, together with power and authority to implement such services as set forth. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Party" means a governmental unit which is a party to this Agreement. Subd. 2. "Eligible party" means a. governmental -or corporation unit which is entitled to become a party to this Agreement, at its own option'. Subd. 3. "Requesting party" means a party which requests assistance from other parties. Subd. 4. "Responding party" means a party which provides assistance to a re- questing party. Subd. S. "Assistance" includes personnel, materials and equipment. Subd. 6. "Requesting official" means the person who has been designated by the requesting party to request assistance from other parties. Subd. 7. "Responding official" means the person who has been designated by a party to determine .whether and to what extent that party should provide assistance to a requesting party. Subd. 8. "Emergency" means a sudden and unforeseen situation requiring immediate action beyond the requesting partys' capability. III. PARTIES Subd. 1. The parties to this Agreement shall consist of the members of the Re- gional Mutual Aid Association. Upon the adoption of a resolution by its governing body, an executed copy of this Agreement shall be forwarded by the member party to- gether with a certified copy of the resolution authorizing the Agreement. Subd. 2. The Secretary of the Regional Mutual Aid Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties to this Agreement, he shall notify the designated responding official of each of the parties of such change. _ p Subd. 3. Upon joining the Regional Mutual Aid Association, the party shall submit a list of their equipment to the Association Secretary. This equipment list ' shall be updated annually and submitted to the Association Secretary by December 31st of each year. Subd. 4. The Association Secretary shall distribute the equipment lists to all members. An equipment addendum sheet shall be distributed to all member parties by January 30th of each year. IV. PROCEDURE Subd. 1. Each party shall designate, and keep on 'file with the Secretary of the Regional Mutual Aid Association the name of the person of that party who shall be its requesting official and responding official. A party may designate alternate officials to act in the absence of the primary official. - Subd. 2. Whenever, in the opinion of a requesting official of a party, there is a need for assistance from other parties to assist the requesting party, such re- questing official may, in his discretion, call upon the responding official of any other party to furnish assistance to and within the boundaries of the requesting party. It is the intention of the parties to this contract to cooperate in the event of an emergency by making available to a requesting party necessary or requested personnel, materials, and equipment (without undue delay.) Subd. 3. Upon the receipt of a request for assistance from a party, the respond - ing official for any other party may authorize and direct the personnel of the res - ponding party to provide assistance to the requesting party.- Whether the responding party shall provide such assistance to the requesting party and, if so, to what ex- tent such assistance shall be provided shall be determined solely by the responding ,official (subject to such supervision and direction as may be applicable to him within the governmental structure of the party by which he is employed.) Failure to provide assistance will not result in liability to a party. f Subd. 4. When a responding party provides assistance under the terms of this Agreement, it may in turn request assistance from other parties as "backup" during the time that it is providing assistance outside its boundaries. Subd. 5. Whenever a responding party has provided assistance to a requesting party, the responding official may at any time recall such assistance or any part thereof to the responding party, if the responding official in his best judgment deems' this is in the best interest of his own agency. Subd. 6. When a_responding party supplies equipment and personnel to a request - ing party, said equipment and personnel shall remain under the direction and control; of the responding party; shall be paid by the responding party; shall be protected by the Worker's Compensation of the responding party; and shall otherwise be deemed to be performing their regular duties for the responding party. However, the res- ponding party shall undertake to coordinate with the requesting party the assistance which it provides. The requesting party shall provide all routine fueling and servic- ing of respondents equipment, materials, and assume all costs thereof during he assistance period. -2- Subd. 7. A responding party shall be responsible for its own personnel, equipment and materials and for injuries or death to any personnel or damage to any such equipment or materials, except that unused equipment and materials pro - vided by the responding party shall be returned to the responding party by the requesting party when circumstances permit this to be done. The requesting and responding parties may review any equipment repaired to determine if such repair was directly related to the emergency operation. If mutually agreed that repairs are required, they shall be the responsibility of the requesting party. Any dis- agreement which cannot be resolved by the responding and requesting parties should be resolved by a committee established from the Regional Mutual Aid Association. Subd 8. The responding party shall maintain such records of the cost of labor, equipment and materials provided; and hours of work or operation as deemed necessary for recovery of costs in the event the incident becomes eligible for Federal or State Disaster Assistance. If declared eligible, these costs shall then be reimbursed by the requesting party in full or in a prorate share of assistance provided. Subd. 9. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party. Nor shall the responding party be responsible for injuries, losses or damages arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. Subd. 10. Technical service and assistance of non- emergency nature may be requested and /or provided by the parties to this Agreement. V. INSURANCE Each party to this Agreement shall maintain insurance policies covering per- sonal and public liability in the amount of not less than $300,000 for each of the above mentioned risks and Worker's Compensation for its personnel. Said policies shall cover damage or injury caused by negligent operation of its vehicles while operating under the terms of this Agreement outside of its corporate limits or contract areas Each member shall furnish the association with a Certificate of Insurance on the policies in force, or letter stating self insurance at said limits. VI. WITHDRAWAL AND TERMINATION Any party may withdraw at any time upon thirty (30) ' days written notice to the Secretary of the Regional Mutual Aid Association; such a party may become a party if later entering into this Agreement. The Secretary of the Regional Mutual Aid Association shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided. -3- VII. EFFECTIVE DATE This Agreement shall become effective on IN WITNESS WHEREOF, the undersigned, on behalf of their governmental unit, have executed this Agreement pursuant to authorization by the Of on the day of 198 REGIONAL KJZUAL CITY OF AID ASSOCIATION By: By: President Mayor By: Date. Secretary Date: 00 jwy OF RE00MME DED BY: ATTEST. By. City Manager /Clerk By Chairman of County Board Director of Public Works /City Eng. Dates RECOMMENDED BY; APPROVED AS TO EXECUTION By. By: County Engineer County /City ,Attorney Date: Date: -4- � t RESOLUTION NO. A'RESCLUTION AUTHORIZING J0121T AND COOPERATIVE AGREEMENT FOR USE OF PERSCNNEL AND EQUIPN IT - REGIONAL MUTUAL AID ASSOCIATIDN BE IT RESCLVED by the City /County of , as follows: WHEREAS, the City /County of desires to become a member of the Regional Mutual Aid Association and its (Title of Representative) is its authorized representative and; (Title of Alternative Representative) its alternative representative, and; WHEREAS, a mutual need exists between members of the Regional Mutual Aid Association Y� disaster control "s to share and assist one another in the .areas of .emer 9 enc i a _ r and mitigation, and; WHEREAS, the City /County of considers it to be in the best interests of the City /County to enter into a mutual agreement with the other members' of the Regional Mutual Aid Association. NOW, THEREFORE, BE IT RESCLVED, that the City /County of enter into agreement with the Regional Mutual Aid Association and hereby authorizes its (Title of Representative) to represent the City /County of in,this association and the is authorized to sign said agreement in behalf of said City /County of PASSED AND ADOPTED BY THE CITY /COUNTY OF THIS. DAY OF ► -19 • ATTEST • t t ARTICLE VI Elections Sec. I The election of officers shall be held at the regular meeting of each year. This election shall be by secret ballot. Sec.: II Me officers of the association shall be elec=ted for a term of two years. Sec. III In the event of a vacancy occuring in the office of the president, _a appoint president will succeed to that office.. The . ppo vice e � president will the vi pr replacement officers for all vacancies. ARTICLE VII Committees Sec. I The association shall have the following annual committees: Executive; Film and Training Aids, and Safety. Sec II Any committee shall have the authority to request assistance from any members of the association. Sec. III It shall be the duty of the Executive Committee to handle all matters that pertain to state legislation on matters of importance to the association. Sec. IV It shall be the duty of the Film and Training Aids Committee to preview all new equipment training films and training aids and make recommendations to the association regarding purchase. This committee may be charged with maintaining a film and training aid library and schedule the use by members only. Sec. V It shall be the duty of the Safety Committee to keep all members advised of new safety practices and equipment. f ARTICLE VIII Amendment and Dissolution Sec. I No amendment shall be made to these By -Laws unless proposed at the regular meeting in writing. Sec. II An amendment requires a two - thirds majority vote of the entire membership for acceptance. Sec. III This association may be disbanded by a three- fourths vote of the entire membership of the association, and a published or served notice shall be given to all members for that purpose at least one month before such a vote shall be taken. y CONSTITUTION AND BY-LAWS OF OF THE RBSIONAL MUTUAL AID ASSOCIATION h y ARTICLE I Name and Purpose Sec. I This organization shall be known as "The Regional Mutual Aid Association ". Sec. II The purpose of - membership in this association shall be to assist one another in an emergency, to exchange ideas of equipment and methods of dealing with emergencies, and to protect the lives and property of our respective areas in the case of any emergency or disaster. ARTICLE II Membership Sec. I Membership in this association shall refer to public works departments, or its equivalent department. Sec. II Any public works department in the area that can be of reciprocal service to the other members of said organization, _ and are from incorporated Villages, Cities, or Counties, and are approved by a simple majority of the membership shall be eligible for membership in this association. Sec. III The following shall be known as members of this association as of January 1, ARTICLE III '+ Dues Sec. I Each department shall pay an annual membership fee of $10.00 per 4 year, which shall be due and payable on January 31 of each year. ARTICLE IV Officers Sec. I The officers of the association shall be President, Vice President and a Secretary - Treasurer, and shall constitute the executive committee. Sec. II The President shall have the following duties: To call all and special meetings; to reside and reserve order at all a s i regular 9 P P Pe • e 'tt s to see that subordinate officers execute r meetings; s • to appoint committees; g PPo the obligations and duties of their respective offices to the best of their ability. Sec. III The Vice President shall have the following duties: To assist the President'in the discharge of his regular duties, and in the event of the absence of the President, to assume the duties of President. Sec. IV The Secretary - Treasurer shall have the following duties: To call roll; to keep a record of all proceedings of the association; to collect all dues and other monies due the association; to pay out said monies on the order of the association; and to send notices of all regular and special meetings of the association. The Secretary` shall make an itemized report of all income and expenses to be presented at the first regular meeting of each year. In addition, the Secretary shall maintain a current list of all members in the association and shall maintain an up-to -date list of members' equipment which shall be distributed to members on an annual basis. ARTICLE V Meetings Sec. I The regular meeting of the association shall be held in November of each year. The time and location will be determined by the executive committee. Sec. II Special meetings shall be called by the President with at least seven days written notice to the membership. Seca III A simple majority of the membership shall constitute a quorum. Sec. IV The Roberts Rules of Order shall govern. Sec. V Each member shall have one vote. Member introduced the following resolution and moved its adoption: k' RESOLUTION NO. 3 RESOLUTION AWARDING INSURANCE CONTRACT WHEREAS, the Director of Finance has sought insurance proposals for the City's liquor liability insurance; and WHEREAS, proposals were submitted to the City and they are summarized and compared as follows: John H. Crowther, Inc. (Transcontinental Insurance Company) $ 6,185.00 James Agency (Ideal Mutual Insurance Company) $11,748.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the proposal and award an insurance contract to John H. Crowther, Inc. for liquor liability insurance for an estimated annual premium of $6,185.00. FA 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: DEPARTMENT CITY OF f' OF BROOKLYN. C ENTER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 1, 1983 SUBJECT: INSURANCE PROPOSALS Currently, the League of Minnesota Cities Insurance Trust (LMCIT) has the City of Brooklyn Center's insurance contract for property, liability, and workers' compensation coverage. LMCIT does not offer excess risk (umbrella) coverage, nor liquor liability coverage. Currently, we are insured for liquor liability by the Ideal Mutual Insurance Company through the James Agency. They have had our insurance contract for two years. At the time we first contracted with James, liquor liability coverage was very hard to get and very expensive. Our 1981 annual proposed premium, which we accepted, was $18,840. For some reason, this year (1983) several insurance companies decided to get competitive in this area. I asked Jerry Coughlin, the City's designated agent for the LMCIT insurance policy, to obtain another competitive proposal in addition to the one submitted by our present carrier (James). He asked for, and received, two quotes and they are as follows: 1. James Agency (Ideal Mutual Insurance Company) $11,748.00 2. John H. Crowther, Inc. (Transcontinental Insurance Company)$ 6,185.00 As you can see, they are both considerably cheaper than prior years' proposals. I recommend that we accept the Crowther proposal. I have attached a resolution, which, if adopted by the Council, would award the insurance contract for liquor liability insurance for an estimated annual premium of $6,185.00. I have also attached a copy of the proposal. " $o#xetA6Nf note I Memorandum December 1, 1983 VE: Insurance Proposals Page Two Since the City Council, in 1981, determined that there is a need for the League of Minnesota Cities Insurance Trust '(LMCIT) to encourage competition in the municipal insurance market and the past three years have `proven that the LMCIT has done so, I intend to recommend that the City retain LCMIT for its other insurance coverage. I have requested renewal rates and will make my recommendation prior to the December 11th Council meeting. Respectfully submitted, , Paul W.'Holmlund PWH:ps • Jttlll 11. `• CHI[ M 'IllI.It �.. z Soo Line Building Minneapolis, Minnesota 55402 Tel.6121333.0361 Qu otat ion onl (Valid 30 days from dace below) Jerome Coughlin 6901 Bethia Lane Brooklyn Center, Minn 55428 DATE 12-2 -83 APPLICANT City of Brooklyn Center LOCATION( Brooklyn Center, Minn IN ACCORDANCE WITH YOUR RECENT REQUEST, WE ARE PLEASED TO OFFER THE FOLLOWING QUOTATION: COMPANY Transcontinental Ins Co TYPE OF COVERAGE Liquor Liability LIMITS OF LIABILITY 250/500 & 300/300 DEDUCTIBLE None RATE & RATING BASIS 1) 665,000 2) 800,000 3) 890,000 ANNUAL MINIMUM & DEPOSIT PREMIUM _ 250/500 300/300 1) 1781.00 $ 1598.00 REMARKS 2) 2091.00 1881.00 3) 2298.00 2070.00 IF COVERAGE IS DESIRED APPLICATIONS MUST BE COMPLETED IN FULL' DUE TO THE DUPLICATE SUBMISSION RECEIVED PLEASE HAVE THE CITY SUPPLY YOU WITH AN AGENT OF RECORD LETTER FOR OUR FILES O N CROWTHE �► R 3Si!A1ARYLJOHNSON Member- introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET WHEREAS, the Director of Parks & Recreation has advised the City Manager that the popcorn machine in the Community Center is no longer functioning and needs to be replaced; and WHEREAS, the estimated cost of replacement is $900; and WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1983 General Fund Budget by transferring $900 from the Community Center Account Object No. 4382 (Equipment Repair) to Object No. 4552 (Other Equipment) for the purchase of a popcorn machine for the Community Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE ACHIEVEMENT OF NANCY ERICKSON WHEREAS, Nancy Erickson, 14610 Crosstown Blvd. N.W., Anoka, MnC55303, has been a daily swimmer at -the Brooklyn Center Community Center pool fo years; and WHEREAS, Ms. Erickson has swam 500 miles in the Community pool over a three year period; and WHEREAS, this achievement reflects the dedication, skill, and perseverance of Ms. Erickson; and WHEREAS, it is highly appropriate that the City Council recognizes this �y ® NOW, THEREFORE, BE IT RESOLVED by the 'City Council of the City of Brooklyn Center that the achievement of Nancy Erickson is recognized and she is hereby congratulated by the Brooklyn Center City Council. Date Mayor E. 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. i t 1 CERTIFICATION OF MINUTES RELATING TO $9,590,000 COMMERCIAL DEVELOPMENT REVENUE.BONDS (BYERLY'S, INC. PROJECT) Issuer: City of Brooklyn Center, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A meeting, held , 1983, at O'clock p.m., at the City Hall. Members Present: Members Absent: Documents Attached: Minutes of said meeting (pages)'; RESOLUTION 'NO RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER THE'MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS I, the undersigned, being the duly qualified and acting recording officer of the public corporation considering issuance of the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are 'a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to said obligations; and that the meeting was duly held by the governing body at the time - and -place and was attended throughout by the members indicated above, pursuant to call and notice given as required by law. WITNESS my hand officially as such recording officer this day of ,` 1983. Gerald Splinter City Manager Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL` DEVELOPMENT ACT;. REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the City) as follows: Section 1. Recitals and Findings 1.1. This Council has received a proposal that the City finance a portion or all of the cost of a proposed project under Minnesota Statutes, Chapter 474 (the Act), consisting of the acquisition of land and the construction and equipping thereon of a 65,000 square foot supermarket facility in the City, which will ,include a bakery, restaurant, gift shop and related facilities (the Project) by 'Donald Byerly, a Minnesota resident, and /or Byerly's, Inc., a Minnesota corporation whose stock is owned, directly or indirectly, by - Donald Byerly (collectively, the Borrower) The Project is'located at Shingle Creek Parkway and Summit Drive in the City. 1.2. At a public hearing, duly noticed and held on , 1983, in accordance with the Act, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on the public hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows. (a) ' The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound :industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State of Minnesota has encouraged local government units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Act. (c) The existence of the Project `would add to the tax base of the City, the County and School District in which the Project is located and would provide increased opportunities for employment for residents of the City and surrounding area. (d) This Council has been advised by the Borrower that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. (e) This Council has also been advised by the Borrower that on the basis of its discussions with potential buyers of'tax- exempt bonds, revenue bonds of the City (which may be in the form of a commercial development revenue note or notes) could be issued and sold upon favorable rates and terms to finance the Project. (f) The City is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Borrower, and the issuance of the bonds by the City would be a substantial inducement to the Borrower to acquire, construct and equip the Project. Section 2. Approvals and Authorizations 2.1. On the basis of the information given the - City_to date, it appears that it would be desirable for the City to issue its revenue bonds under the provisions of the Act, in one or more series, to finance the Project in the estimated total amount of $9,590,000. 2.2. The Council hereby - determines to proceed with the Project and its financing, and hereby declares its present intent to have the City issue its revenue bonds under the Act to finance the Project, subject to the approval of the Project by the Minnesota Energy and Economic Development Authority. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the City or this Council to issue or to' °cause the issuance of such revenue bonds. All details of such revenue bond issue and the provisions for payment thereof shall be subject to the mutual agreement of this Council, the Borrower and the purchaser or purchasers of the revenue bonds and such further conditions as the City may specify, such agreement and specification on the part of the City to be evidenced by a resolution of this Council authorizing the issuance of the revenue bonds on the terms and conditions agreed upon and authorizing the execution of necessary documents. In all events, it is understood that the bonds shall not constitute a' charge, lien or encumbrance, legal or equitable, upon any property of the City except the revenues pledged to payment of such revenue bonds, and each bond, when, as and if issued, shall recite in substance that the bond, includin -g interest thereon, is payable solely from the revenues received from the Project and any property pledged to the payment thereof and shall not constitute a debt of the City within the meaning of any constitutional, statutory or charter, limitation. 2.3. The Application to the Minnesota Energy and Economic Development Authority, with attachments, is hereby approved, and the Mayor and City Manager are authorized to execute said documents in behalf of the City. 2.4. If the bonds are issued and sold, the City will enter into a- lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Borrower. The lease rentals, installment sale payments, loan payments or other amounts payable by the Borrower to the City under the Revenue Agreement shall, be sufficient to pay the principal, interest and redemption premium, if any, on the bonds as and when the same shall become due and payable 2.5. All commitments of the City expressed herein are subject to the condition that within twelve months from the date of adoption of this resolution the City and the Borrower shall have ;agreed to mutually acceptable terms and conditions of the Revenue Agreement, the revenue bonds and of the other instruments and proceedings relating to the revenue bonds, and their issuance and sale. 2.6. If the events set forth herein do not take place within the time set forth above or any extension thereof and the revenue bonds are not sold within such time, this resolution shall expire and be of no further' force or effect. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connection with the Project, whether or not the Project is carried to completion, and whether, or not approved by the Energy and Economic Development Authority, and whether or not the City by resolution authorizes the issuance of the bonds, will be paid by the Borrower upon request. Adopted this day of ,`1983. Mayor Attest: City Manager 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 the resolution was declared duly passed and adopted. LeFevere Uller Kenrtccly O'Bricn Drawn it Professional association 2000 First Bank Place West Minneapolis November 3, 1983 Minnesota 55402 Telephone 612 -333 -0543 Clayton L. LeFevere Herbert P. Lefler J. Dennis O'Brien John E. Drawz Mr. Brad Hoffman David J. Kennedy Adm Assistant Gl en B. Dean 6301 Shingle Creek Parkway Glenn E. Purdue g Y Richard J. Schieffer Broo klyn Center, Mi nnesota 55430 Charles L. LeFevere Herbert P. ltl Jeffrey J. Strand trand � � Re: $9 590 000. Commercial, Development Revenue Bonds Mary J.Bjorklund CByerly Pr oject) John G.Kressel C it y of Brooklyn Center, Minnesota Dayle Nolan Cindy L.Lavorato O ur File No. B -2090 Michael A. Nash .Luke R. Komarek De Brad: Joan N. Ericksen Eliza D. Moran Briae I have reviewed the resolutions and other preliminary Lorr Clugg materials prepared by .bond counsel in conne with the ' James J. Thomson, Jr. above project and find that they are in proper form for consideration by the City Council at its zneetin5 on November 7, .1983. fi Yours ry truly, i Davi J. Kennedy • r DJK:caw t l t CM- 00424 -01 This Application must be submitted in DUPLICATE MINNESOTA ENERGY A 0 f MINNES 1'A AND ECOtvOMIC DEVELOPMENT AUTHORITY For A Municipal Approval of Munici al Industrial Revenue Bond Project To: Minnesota Energy and Economic Development Authority Date December 1983 480 Cedar St., Rm. 100 Hanover Bldg. St. Paul, Minnesota 55101 The governing body of Brookly center hereby applies to the Minnesota Energy and Economic Development merit H ennepin Minnesota for approval of this community's proposed Municipal Ind , e o required by Minn. Stat. §474.0 o4� 1 mubd, p A of the State of 7a. P Ind Revenue Bond issue a We have entered into preliminary discussions with: Firm Donald Byerly and Byerly s, Inc. Address France Avenue South City Edina State Minnesota State of Incorporation. Minnesota Attorney Tom Moe Address 2200 First Bank Place East, Minneapolis, Minnesota 55402 'Gm of Pro 'ect Byerly Pro ' ect J 7 This firm engaged primarily in (nature of business Retail food business The funds received from the sale of the Industrial Revenue Bon nature of project): acquire land, construct and e ui ds will be used to {general q p a 65,000 square foot supermarket It will be loc8te in Brooklyn Center, Minnesota The total bond issue will be approximately $ 9 , 590,000 Of costs now estimated as follows _ to be a pplied toward payment Acquisition, reconstruction, improvement, betterment, or extension of project $ 1 300 000 Construction Costs , Equipment Acquisition and Installation ,300,000 F e esL Architectural, - engineering, inspec- tion, fiscal, legal, administration, or printing 225,000 Interest accrual during construction i al bond reserve 32 5; 000 'ngencies Bond discount Other 140 - _It is presently estimated that construction will begin on or about August 1 19 84 , and will be completed on or about April 1 19 When completed, thee, will be approximately 350 new jobs created by the project at an annual payroll of approxi- mately $ 3,000,000 based upon currently prevailing wages. (If applicable) There are * existing jobs provided by'business. Thentative term of the financing ,is 30 years, commencing April 1 1984 The following exhibits are furnished with this, application and are incorporated herein by reference: 1. An opinion of bond counsel that the proposal constitutes a project under Minn. Stat. §474.02. _ 2. A copy of the city council resolution giving preliminary approval for the issuance of its revenue bonds. 3.•A comprehensive statement by the municipality indicating how the project satisfies the public purpose of Minn. Stat. 5474.01. 4. A letter of intent to purchase the bond issue or a letter confirming the feasibil- ity of the project from a financial standpoint. 6. A statement signed by the principal representative of the issuing authority to the effect that upon entering into the revenue agreement, the information required by Minn. Stat. §474.01, Subd. 8 will be submitted to the Minnesota Energy and Economic Development Authority. 6. A statement signed by the principal representative of the issuing authorIit, that the project does not include any property to be sold or affixed to or consumed in -the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. 7. A statement signed by the ,principal representative of the issuing authority that a public hearing was conducted pursuant to Minn. Stat -. §474.01, Subd. 7b. 0 The statement shall include the date, time and place of the meeting and that all ' interested parties were afforded an opportunity to express their views. 8. Copies of notice(s) as published which indicate the date(s) of publication and the newspaper(s) in which the notice(s) were published, 9. Provide a plan for compliance of employment preference of economically disadvan- taged or unemployed individuals. (See Mn. Laws 1983, Ch. 289, 113.) We, the undersigned, are duly elected representatives of Brooklyn Center Minnesota and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: - (Principal Officers or Representatives of'Issuing Authority; type or print Mayor name on the line to the left of the sionature line. Thank you. Dean Nyquist Mayor's tame Signature Gerald Splinter Tit e: City Manager Signature This approval shall not be deemed to be an approval by the Authority or the State of the feasibility of the project or the terms of the revenue agreement to be executed or the bonds tc be issued therefor. 0 Authorized Signature - Minnesota Energy and Economic Date of - Approval Development Authority MEEDA 070183 1� CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of January 1984 at 8:00 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Grimes Avenue North Within Dale And Davies 2nd Addition And Lakeside Avenue North Easterly Of Indiana Avenue North. ORDINANCE NO. AN ORDINANCE VACATING GRIMES AVENUE NORTH WITHIN DALE AND DAVIES 2ND ADDITION AND THAT PORTION OF LAKESIDE AVENUE NORTH EASTERLY OF INDIANA AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That portion of Grimes Avenue North within Dale & Davies 2nd Addition is hereby vacated as a public street. Section 2. That portion of Lakeside Avenue, North described as follows: That part of Government Lot 3, Section 10, Township 118, Range 21, described as follows: Commencing at the southeast corner of the plat of Lakebreeze Addition, according to the recorded plat thereof; thence west, along the south line of said plat, a distance of 1263.30 feet; thence south, parallel with the east line of said Government Lot 3, a distance of 200.62 feet to the point of beginning of the land to be described; thence south, parallel with said east line, a distance of 33.00 feet; thence east, parallel with said south line, a distance of 250.13 feet; thence north, parallel with said east line, a distance of 33.00 feet; thence west, parallel with said south line,'a distance of 250.13 feet to said point of beginning; is hereby vacated as a public street. Section 3. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective _Date r LAKES ui w t I 1 - � k Ir1A K ST; — i L± Z d w y w _ Soo V w - t-o / t U_ j 0� q i 1 e ) TWIN I i�*�AKE j PROPOSED VACATIONS w w .. Q LAKE BR ZE AVE. � t ; W w (n D"v, J w > A 48TH- _Z 1 � � r LAKESIDE AVE, 47TH iAV E. , TWIN LAKE J BEACH - PARK 5 -� CITY ' 4 OF M " �TWIN t !/ `, 4 LOWER ty DEPARTMENT / CITY � OF OF F INANCE ROOKLYN C ENTER M EMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 1, 1983 SUBJECT: .RENEWAL OF HUMBOLDT SQUARE LIQUOR STORE LEASE Our lease on the Humboldt Square Liquor Store expired on member 30th. We have been negotiating a renewal with a representative of Coldwell Banker, lease manager for the owner (Robert J. Foley), for several months " Coldwell offered a new lease for a period of three to five years, with an increase in the rental rate. No specific increase was determined since, during the negotiations, we 'informed them that we would not agree to any new lease which called for any rental increase. While negotiations were n progress, o and I decided that since there may g e 1 P g ess, Y u . Y be other alternatives available to us in store location and some questions as to the future of municipal liquor, it would not be- desirable to enter into any long -term lease at this time. Therefore, at our last meeting with Coldwell, we offered to extend our current lease, with no changes, for one year. Yesterday, Coldwell informed me that the owner had accepted our offer. I have attached a letter from Coldwell which, if signed by the Mayor and City Manager, will extend our existing lease through November 30, 1984. Please ask the City Council for authorization to allow the Mayor and City Manager to enter into the agreement to extend the lease. I have also prepared a summary of the terms of the existing lease and attached . it to this memorandum. Paul W. Hoimlund PWH :ps Enclosures 01#74,e .50�W&44(11 Raze CITY OF RROOKLYN CFNTFR ( #1H) LIQUOR STORE LFA.SES STORE, Name: Humboldt Square (No. 1)' Address: 6800 Humboldt Avenue North Brooklyn Center, flinnesota 55430 LESSOR Yame: CAL Corporatice Address: 8900 Penn Avenue South Minneapolis, INinnesota- LEASE MANAGER Name: Coldwell Banker Address: 6600 France Avenue South Suite 285 Minneapolis, Minnesota 55435 Tele. #: (612) 920 -8611 TERM OF LEASE Length: 5 Years --- Inclusive Dates: December 1, 1978 /,November 30, 1983 Original Lease Date: June 18, 1973 Last Renewal Date: December 1, 1978 Next Renewal Date: December 1, 1983 RENTAL SPACE Retail Sto_ Total Dimensions (Feet): 5Ox70 Square Footage: 3500 FIXED MI1TIf U 1 REFIT Annual: $ 13650.00 Monthly: 1137.50 Annual Per Square Foot: $ 3.90 ADDITIONAL RENT 1. Proportional share of cost of maintaining sidewalks and parking lots. 2. Proportional share of cost of taxes and assessments. 3. Proportional share of cost of property insurance. 4. All Utilities paid by Lessee. CURRENT MONTHLY RENT Years 1983 Fixed: $ 1137.50 Taxes: $ 434.58 Common Area: $ 131.25 Insurances $ 32.08 Total Monthly Rent: $ 1735.41 Total Annual Projected: $ 20824.92 Total Annual Projected Cost Per-Sq. Foot $ 5.95 MAINTENANCE Exterior and interior mintenance responsibility of Lessee, except for structural portions of building which shall be maintained by Lessor (except for neglect by Lessee). Structural portions include foundations, exter- ior walls, canopy, roof, downspouts, and gutters. ALTERATIONS Alterations by permission of Lessor. They become prop- erty of Lessor, except for light fixtures, signs, elec- tric equipment, cases, counters, and removable trade fixtures. INSURANCE By Lessee: General Liability of $300,00 per accident, $100,000 per person in names of both Lessee and Lessor. By Lessor Fire, windstorm, and extended coverage insurance on the buildings composing the shopping center. Cost to be reimbursed by Lessee. A MEMBER OF THE SEARS FINANCIAL NETWORK 6600 FRANCE AVENUE SOUTH ... _... MINNEAPOLIS, MINNESOTA SS 3., • U Cj L1 (612024-4680 4 REAL ESTATE MANAGEMENT SERVICES Adwision of COLDWELL BANKER COMMERCIAL GROUP. INC November 29, 1983 Mr. Paul W. Holmlund Director of Finance City Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Holmlund Per our discussion today, the owner of h Humboldt are w e the Hum oldt Y, q Shopping Center is willing to renew that certain lease dated June 18, 1973 between CAL Corporation, and the City of Brooklyn Center, subsequently assigned to Robert J. Foley as the new owner. The term of the new one -year lease shall be December 1, 1983 through November 30, 1984. All other terms and conditions of the said leas h e shall remain the same as those stated in the original i lease. Please sign a copy of this letter and return it to _me as _soon as possible. A copy of this letter will then be sent to the Land - lord for his signature and an executed copy will be returned to you. Sincerely, - Ga R. Lidstone; CPM Senior Real Estate Manager jscl53 Paul W. Holmlund City Manager Robert J. Foley Mayor l Licenses to be approved by the City Council on December 5, 1983 FFICH LTCIT1SI; . ench Corp. 3300 Snelling Ave. N. CHRISTMAS TREE SALES LOT LICENSE P.Q.T. Company 4007 58th Ave. N. 5040 Brooklyn Blvd. 6300 Brooklyn Blvd. Tity Cler CIGARETTE LICENSE Brooklyn Center Getty 6245 Brooklyn Blvd. Denne's Market 6912 Brooklyn Blvd. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Uncle Bob's Quik Six 6600 Lyndale Ave. 11. City Cler MECHAN SYSTEMS LICENSE oIofffmman's, Inc. 135 E. Third Ave. Hyser Plumbing 4750 Grand "Ave- - S. Independent Sheet Metal 2077 E. Center Cir V & R Heating & Air Cond. 5850 Sunset Rd. i� ficial VENDING MACHINE LICENSE 4 ONPERISH ABLE Ma jor Vending 7440 Major Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Modern Control 6820 Shingle Cr. Pkwy.�! r Ct i arlan Ems' PERISHABLE VENDING MACHINE LICENSE Major Vending 7440 Major Ave. N. Modern Control 6820 Shingle Cr. Pkwy. Sanitarian GENERAL APPROVAL: .Cab rald G. Sr er, City Clerk Member introduced the following resolution and 4ved its - adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF A LIGHT PICKUP WHEREAS, pursuant to Resolution No. 81 -43, as amended, written quotations were received and tabulated until December 5, 1983; and WHEREAS, quotations; received were as follows: • Bidder Quotation Iten Chevrolet, $8,035.00 Baldwin Chevrolet 8,141.00 WHEREAS, the quotation received from Iten Chevrolet 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 a light weight pickup truck from Iten' Chevrolet beaccepted and the City Manager be authorized to purchase the same. 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 ame: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. ` RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF A LIGHT PICKUP WHEREAS, pursuant to Resolution No. 81 -43, as amended, written quotations were received and tabulated until December 5, 1983; and WHEREAS, quotations received were as follows: Bidder Quotation Iten Chevrolet $8,035.00 Baldwin Chevrolet 8,141.00 WHEREAS, the quotation received from Iten Chevrolet 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 a light weight pickup truck from Iten Chevrolet be accepted and the City Manager be authorized to purchase the same. 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 ame: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: r'0 RESOLUTION NO. RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF A LIGHT PICKUP WHEREAS, pursuant to Resolution No. 81 -43, as amended, written quotations were received and tabulated until December 5, 1983; and WHEREAS, quotations received were as follows • Bidder Quotation Iten Chevrolet $8,035.00 Baldwin Chevrolet 8,141.00 WHEREAS, the quotation received from Iten Chevrolet 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 a light weight pickup truck from Iten Chevrolet be accepted and the City Manager be authorized to purchase the same. 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 ame: whereupon said resolution was declared duly passed and adopted. Licenses to be .approved by the City Council on December 5, 1983 BPTCH LICFT ?SF S. Pench Corp. 3300 Snelling Ave. N. C ity Clerk C CHRISTIJ,AS TREE SALES - LOT LICENSE P.Q.T. Company 4007 58th Ave. N. 5440 Brooklyn Blvd. 6300 Brooklyn Blvd. Lo yL Ciry Cler CIGARFTTE. LICENSE Brooklyn Center Getty 6245 Brooklyn Blvd. Denne' s Market 691.2 Brooklyn Blvd M & S Drug Emporium 5900 Shingle Cr. Pkwy. Uncle Bob's Quik Six 6600 Lyndale Ave. N. ity Clerk MEC I CAL SYSTE1ZS LICENSE of ffm n's, Inc, 135 E. Third Ave. Hyser Plumbing 4750 Grand Ave. S. Independent Sheet Metal 2077 E. Center Cir. �� \L V & R Heating & Air Cond. 5850 Sunset Rd. i� ficial 4 PONPERISHABLE VENDING MACHINE LICENSE Major Vending 7440 Major Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Modern Control 6820 Shingle Cr. Pkwy. Q9 �'SLC1 ant aran 0P PERISHABLE VENDING MACHINE LICENSE Major Vending 7440 Major Ave. N. Modern Control 6820 Shingle Cr. Pkwy. 7 itarian GENERAL APPROVAL: r d p 1 er, City Cler