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HomeMy WebLinkAbout1983 11-21 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 21, 1983 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a council member so .requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes Regular Session - November 7, 1983 - Special Session - November 8, 1983 Special Session —September 19, 1983 7. Resolutions: * a. Relating to a Project under the Minnesota Municipal Industrial Development Act; Calling a Public Hearing Thereon This item would call for a public hearing'on an industrial development revenue proposal from Brookdale II Limited Partnership, (Ryan Construction). This project proposes Phase II of the Brookdale Corporate Center. Phase I is located at 6300 Shingle Creek Parkway. f *b. Approving and Authorizing the Execution of a Tax Increment Financing Agreement for the Brutger Proposal Housing Development Project in the City of Brooklyn Center *e. Accepting Work Performed and Authorizing Payment for the Installation of Park Benches and Trash Receptacles -This resolution comprehends labor required for installation. d. Requesting the Metropolitan Council to Approve an Extension of Time for the Formation of a Watershed Management Organization within the Shingle Creek Watershed e. Requesting the Metropolitan Council to Approve an Extension of Time for the Formation of a Watershed Management Organization within the Upper Mississippi Watershed *f. Accepting Bid and Awarding Contract for the Purchase of Sidewalk Plow -It is .recommended the bid of MacQueen Equipment, Inc. in the amount of " $31,710 be accepted. i CITY COUFCIL AGETTDA -2- November 21, 1983 8. Planning Commission Items (7:15 p.m.): a. Plannin g pp Commission Application :,o. 83051 submitted by Normandale Tennis r Clubs, Inc. for site and building plan approval to construct a racket and swim club on the 7.4 acre area of land at the southeast corner of Lakebreeze and Azelia Avenues. This application was tabled by the Commission at its October 20, 1983 meeting and was recommended for approval at the November 10, 1983 Planning Commission meeting. b. Planning Commission Application No. 83052 submitted by Normandale "Tennis Clubs, Inc. for preliminary plat approval to combine into a single parcel the 7.4 acre area of land at the southeast corner of Lakebreeze and Azelia Avenues. This application was tabled b the Commission at its October 20, pp Y 1983 meeting and was .recommended for approval at the November 10, 1983 Planning Commission meeting. 1 . An Ordinance Amending Chapter 35 of the City Ordinances to Provide a Parking Requirement for Racket and Swim Clubs -This ordinance is offered for a first .reading this evening. 9. Ordinances a. An Ordinance Vacating a Portion of a Drainage and Utility Easement on hot 18 and hot 19, Block Three, Bergstrom's Lynside Manor -This ordinance is offered for its first reading and provides for vacation of a portion of the easements at 6300 Perry Avenue and 4810 63rd Avenue upon which was constructed a garage for 6306 Perry Avenue. This ordinance is the final step in the exchange of land for Brad Kmetz under Planning Commission Application No. 83053• b. An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor 7 1 This ordinance was first .read on October 17, �3, published on O c t ober , 1983, and is recommended for a second reading this evening. A public hearing on the ordinance was held at the November 7, 1983 City Council meeting and was continued to the November 21, 1 983 meeting to allow time for additional public input on the ordinance. c. An Ordinance Amending Chapter 23 of the City Ordinances" Regarding Liquor License Fees -This ordinance was first read on October 17, 1983, published on October 27, 1983, and is .recommended for a second reading this evening. A public hearing on the ordinance was held at the November 7, 1983 City Council meeting and was continued to the November 21, 1983 meeting to allow time for additional public input on the ordinance. 10. Authorization to Enter into an Agreement for the 1983 City Audit 11. Discussion Items: a. Domestic Assault Intervention Project -The Brooklyn Center Human Rights Commission has prepared a brochure describing the intervention project currently operating in the City. The brochure has been prepared for distribution in the community and the Human Rights Commission is requesting funding for the printing of the brochure. 12. Consideration of Specified Licenser "Nonintoxicating Liquor License for Pizza Palace 1 Drew Avenue TTorth. *13. Licenses 14. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNFPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 7, 1983 CITY HALL CAIN TO ORDER The Brooklyn Center City Council met in .regular session and was called to order by Mayor Dean Nyquist at 7:07 p.m. ROLL CALL Nyquist, Mayor Dean N y yq , Councilmembers Gene I .hotka� Celia Scott Bill Hawes and Rich Th e m ' T heis. Also present were City 1-lanager Gerald Sp� inter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Dir. ctor of Planning - Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. IPNOCAT IOAT The invocation was offered by Pastor Stanley Hunt of the B.rookdale Covenant Church. OPEN FORUTl Tlayor TTyquist 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 AGMTDA M or Nyquist inquired ed if of the C desired Council members esi.ed i r r a,Y yq q any � d any terns removed from the Consent Agenda. Councilmember Theis requested that items 8j and 11 be removed from the Consent Agenda. D ITIAL OF PETITION SUBMITTED BY M=A P. EVANS N TO RESCIND RFSOLUTTON NO. 83 -128 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to deny the petition submitted b Melba P. Evanso to .rescind Resolution No. 8 -128 y � 3 , dated August 22 1 , Resolution Adopting Assessment for 69th -70th Avenue Street, Sanitary S ewers and water Main Improvement Projects ". Voting in favor: 'Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. RESOLUTIOTTS RESOLUTI NO. 83 elleereTia Scointroduced the following r solution and moved its adoption: RFSOLUTIOTT ACCEPTING WORK PITPORIED UNDER E BROWN FARM ESTATES SIDEWALK IMPROVEITMT PROJECT NO. 1983 -13 The motion for the adoption of the foregoing res lution ua,s duly seconded by member Rill Hawes, and upon vote being taken thereon, th following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bil Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -1 Member Celia, Scott introduced the following resolution and moved its adoption: 11 -7 -83 -1- z RESOLUTION ACCEPTING WORK PERFORM , LTNDERPEDFSTRIAN/BICYCIETRAILWAYDIPROVHIENT 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 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 -166 Member Celia Scott introduced the following .resolution and moved its adoption RESOLUTION APPROVING AGREEMENT WITH BROOKLYN CENTER DEVELOPPTFT COMPANY REGARDING SPECIAL ASSESSM.1 M FOR STORTI SEWER PROJECT NO. 1 980-24 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 Nyquist, Gene I,hotka, 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 -167 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MMESOTA MUNICIPAL INDUSTRIAL DFVELOPM= 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: Dean Nyquist, Gene ILotka, 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. 83-168 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS OTT (1) FOUR -WHEEL DRIVE SIDEWALK PLOW AND DIRECTING ADVERTISUTNT FOR BIDS 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 -169 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICIATIONS AND AUTHORIZING ADVIRTIMANTS FOR BIDS FOR FLIRNISHING AT?D DFLIVERING THR , COTIPACT 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. RESOLUTION NO. 83-170 1%ember Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AT07DING THE 1983 BLU)GET AND AUTHORIZING THE PURCHASE OF EXERCISE STATIONS 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 ITyquist, 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 ITO. 83 -171 Hember Celia Scott introduced the following -resolution and moved its adoption: RESOLUTION_ ADOPTING REVISED IC14A DEFERRED COMPFITSATION 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. . LICFNSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses COM1 RCIAL I M LICMTSE Brooklyn Pet Hospital 4902 France Ave. N. FOOD ESTABLISHMEA7 LICENSE Country Store 3600 63-rd Ave. N. MECHANICAL SYSTFNS LICENSE Air Conditioning Associates 689 Pierce Butler Rt. Northeast Sheet Metal, Inc. 4347 Central Ave. N.E. NONPERISN_ABLE VENDING 11ACHINE LICENSE Coca Cola Bottling Midwest 1189 Fagan Ind. Rd. Sinclair 6601,Lyndale Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none The motion passed unanimously. APPROVAL OF MINtTTES = OCTOBER 3, 1983 There was a mom o - b oC iemf)er T eis 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 Ihotka abstained as he was not present at the October 3, 1983 meeting. APPROVAL OF MINUTES - OCTOBER 17, 1983 There was a motion by Councilmember Lhotka 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 Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. PRESENTA 17TO! I OF AWARDS TO REV. BOB CILKE AND KAREN DUF -NOW Mayor 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. APPOINTP TO PARK AND RECREATION` COIF "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 !:r, 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 Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIC;S (CONTINUED) The City i alnager 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. RESOLUTIOY YO. 83 -17 2 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTIOIT -1ENDING 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: rean 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. 11 -7 -83 -4- RrSOLI1TION NO. 83 -173 Member Fill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS FOR THE PURCHASE OF DIVING TOWERS FOR THEF CC: i1 UNITY CENTER POOL AED AUTI?ORIZIP,G 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 Yyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City P introduced a Resolution Establishing Service Charge for SPecial Assessment Searches. He explained that the staff's original proposal contemplated charging $25 per parcel for a special assessment search but that the reccendation was being decreased to $15 after a survey was conducted of other cities in the area. He explained the survey shoaled that the highest charge for a special assessment 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 canuary 1, 1984. Council-member Lhotka 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 TV 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. Council-member Lhotka stated that he would have no problem with going with the original staff .recommendation of $25 per search. The City Attorney 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 ASSESSI~'!ErTT 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 Lhotka, and Bill Hawes, whereupon said resolution was declared duly passed and adopted. The City Manager 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- RFSOLUTION NO. 83 -175 Member =11 - ri�roduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE THE PURCHASE OF DATA PROCESSING EQUIPI-IENT 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 COIF "ISSION APPLICATION 1\10. 83053 SUBMITTED BY BRADLEY KMET. Z FOR A VARIANCE FROM THE SUBDIVISION ORDINANCE TO ALLOW SUBDIVISION OF PROPERTY BY I�TTFS AND BCUNDS � �1 FU MW, PLNII The Director of Plannin g P & Inspection presented and reviewed for Council members' pages 1 through 2 of the. October 20, 1983 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 between 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 proposed subdivision eliminates a nonconforming situation and makes the lot a standard size lot. 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 No. 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 Ihotka to close the public hearing on Application No. 83053•, Voting in favor: Mayor Nyquist, Councilmembers 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; Councilmembers Lhotka, 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 AG=. ENT FOR COLLECTION OF ACCOUITTS Councilmember Theis requested additional information regarding the fee schedule for the collection agency. The Director of Finance explained that for accounts $75 and ove the fee would be 33 1 %, 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 es of controls laced on the q Y � p 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 Council-member Scott to authorize the agreement for collection of accounts. Voting in favor: Mayor Nyquist, Councilinembers Lhotka, Scott, Hawes, and Theis. Voting against: - none. The motion passed unanimously. ORDINANCES AN ORDIT CE ATT,TIDI1 G CHAPTER 13 OF THE CITY CODE OF THE CITY OF BROOKLYN CENTER BY RFGA"TI'I' l i ARl?S r The City I explained that this ordinance was first read on October 3, 1983, published on October 13, 1 983, 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 who 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 Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83 -16 Member Gene Lhotka introduced the following ordinance and moved its 'adoption: AN ORDINANCE A1.1ENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF BROOKLYN CENTER BY REGULATING TIC.. 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 Ai 'AIDING CHAPTER 11 OF THE CITY ORDINANCFS REGARDING LIQUOR AN ORDINANCE A117NDING CITAPTFR 23 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE 11 -7 -83 _�.. The City Planager 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 an amendment to the ordinance which would establish three classes for liquor licenses, one being, establishments which sell 40% to 49% food with a license fee of $14,000, the second class, 50% to 79 food with a fee of $11 ,000, and the third class of establishment, selling 80/ and above food with a license fee of $8,000. Mayor Pyquist's amendment also included delaying the effective date of the ordinance to January 1, 1985. The City Vanager .reviewed the amendments to the liquor ordinance submitted by the City Attorney and noted that they were technical in nature. Councilmember I,hotka inquired how many licenses were currently in each of the classes proposed by Mayor Nyquist. The City Plana er replied that there were two establishments in the 8O% and above class, two in the 4 to 49 0 /o' class, and five in the 50/ to 7g°o class, Mayor Nyquist noted that his amendment did include the changes suggested by the City Attorney in his memorandum dated November 2, 1983• 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 November 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 forgoing 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 ag-o and the cost increased $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 L'notka 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 NyquistIs 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 h'yquist 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 -9- } 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 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, Councilmembers Lhotka, 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 Letter 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 I 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 applications 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 Chapter 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 unanimouslyy. ADJOER ITENT These was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist,• Councilmembers Lhotka,' Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :01 p.m. Clerk Mayor 11-7 -83 -11- 4� MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 8, 1983 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor Dean Nyquist at 8:50 p.m.' ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Assessor Pete Koole, and Administrative Assistants Brad Hoffman and Tom Bublitz. CANVASS OF ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City election returns, at the various City precincts, reporting ballots cast in the City of Brooklyn Center contests as 'follows: Office of City Mayor Ballot Count Dean A. Nyquist 550 write- ins -Mayor Dolores Hastings 1 Bill Adler l Peggy Quigley 1 Bud Grant 1 Gerald Splinter 1 J. Kawski 1 Marvin Hintzman 1 Donzo Hintzman 1 Anthony Kuefler 1 Robert A. Swart 1 Office of City Councilmember Celia A. Scott 544 write- ins- Councilmember Britts 1 J. Kawski 1 Mona Hintzman 1 Marvin Hintzman 1 RESOLUTION NO. 83 -176 Up on completing the election canvass member Rich Theis introduced the following P P g g resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF NOVEMBER 8, 1.983 CITY ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes:, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 11 -8 -83 -1- ADJOURNMENT There was a motion Councilmember Hawes and seconded by Councilmember Scott, to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none, the motion passed. The. Brooklyn Center City 'Council adjourned at 8:52 p.m. Clerk Mayor 11 -8 -83 -2- MINUTES OF THE PROCEEDINGS OF THE CITY CMU I OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HEIN�INEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION SEPTEMBER 19, 1983 CITY HALL CALL TO ORDER Theme rooklyn Center City Council met in special session and was called to order by T7ayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, and Administrative Assistant Tom Bublitz. RECONVENE PUBLIC HEARING ON 1 984 CITY BUDGET AND PUBLIC HEARING ON FEDERAL REVENUE SIMING S Mayor P�tyquist reconvened the public hearings on the 1984 City Budget and Federal Revenue Sharing Funds. The City Manager informed the Council that he and the Mayor recently attended a meeting regarding local government aids analysis in order to better assess why Brooklyn Center had a loss of state aids. He added that the loss was due to the secondary allocation formula as explained at the last Council meeting. The City Manager proceeded to review the sales ratio study data and the effects of variations in assessed values in overlapping taxing districts. He explained that this results in a significant tax differential between neighboring taxing jurisdictions. He added that the staff is reviewing a possible appeal for an adjustment in the sales ratio study. He noted that the appeal would be made to the Department of Revenue. The Director of Finance reviewed the status of Federal. Revenue Sharing and noted that it appears that the Federal Revenue Sharing legislation will be renewed by Congress. Mayor Nyquist recognized Mr. Don McGuire, representing North Hennepin Community College. Mr. McGuire discussed the status of the senior citizens chorus, and explained that North Hennepin Community College is the fiscal agent for the chorus. He then requested the City of Brooklyn Center to become a co- sponsor of the chorus. Mr. McGuire reviewed the financial history of the chorus, and noted that approximately 16 agencies are currently involved. He added that the chorus will need support from the entire northwest community, if the program is to survive. He then reviewed the senior chorus program and explained that the chorus operates unde a budget of $4,500 annually. He then reviewed several reasons why he believed the Council should consider sponsoring the chorus, including the fact that the chorus has a quality product with ten years experience, that it is cost effective to maintain funding in local jurisdictions, and that the chorus is of significant social recreation and educational value. He also pointed out that 11 of the 28 seniors in the chorus live in Brooklyn Center. ' He concluded his remarks by saying that he hoped the Council would give the chorus a positive .response. Councilmember Theis inquired how the program fits in with the senior program in the City budget. The City Manager noted that the senior chorus would be an adjunct to 9 -19 -83 -1- a the currently existing program for seniors. He explained that the existing program includes Wednesday meetings of the senior citizens and also occasional trips for the group. He added that the total senior citizen budget proposed for 1984 is $3,055. He pointed out that the 1984 proposed budget does not reflect an expanded budget in the area of recreational programing. The Director of Finance commented that in 1984 no new programs are proposed which are not self - supporting. The City Manager added that the entire 1984 proposed budget was prepared on the basis of no new programs. Mayor Nyquist again recognized Mr. Don McGuire who informed the Council that District 279, District 286, and the City of Brooklyn Park have budgeted for the program. Councilmember Theis inquired as to the number of events conducted in Brooklyn Center by the senior chorus. NLs. June Scofield responded to Councilmember Theis' inquiry by stating that the senior chorus performs whenever its invited and has performed at Kaleidoscope, nursing homes, and other events and locations.. She added that the City of Brooklyn Park budgeted $400 for the senior chorus for 1984. She then reviewed other funding sources in the community which included groups and individuals. Councilmember Theis pointed out that the Council will consider the request for funding of the senior chorus during their budget .review. REVIEW OF DEPARTMENTAL APPROPRIATIONS COUNCIL The City Manager reviewed the proposed Council budget for 1984 and explained that the budget proposes an appropriation of $10,000 to fund part -time staff and a computer analysis of census and housing data for developing a "Brooklyn Center 2000 Report" He .reviewed the proposed report and explained that it would take the recently completed planning study information, the 1980 census data as it is now being released, plus the involvement of the City Council staff members and a citizens committee to analyze and identify the critical issues Brooklyn Center will be facing in the next 15 to 20 years. The City Manager also pointed out that in the past there has been a lack of a significant lobbying effort by the suburban communities. He added that he believes this issue will have to be addressed in the future, and pointed out that the suburban communities have not been successful in obtaining favorable legislation, as have Minneapolis and St. Paul. He noted the possibility of joining with other communities in a joint lobbying effort. Councilmember Lhotka asked whether or not a professional lobbyist is being contemplated. The City Manager explained that the use of a professional lobbyist could be undertaken on a joint basis with other cities in the suburban metropolitan area. He added that this approach has been discussed by several suburban communities. Councilmember Lhotka then inquired the extent of funding necessary for such a coalition and also the form of the coalition. The City Manager explained that the coalition could be composed of communities with common interests or larger inner ring suburbs. He stated that suburban communities need access to the 9 -19 -83 -2- legislature, access to lobby, and computer capability. He added that the State League of Cities does not currently have this capability. Mayor N uist inquired what the League of Cities �Y yq q � provides to the City of Brooklyn p Center.. The City Manager explained that the League serves as a general lobbying body and provides a common municipal community made up of very large and very small communities. Councilmember Scott commented that the diversity of the group and in the size of cities makes common lobbying a problem. The City Manager explained that League personnel are available to come out and discuss the services they provide, and he suggested inviting them to a Council meeting before the first of the year. There was a general consensus among Commission members to concur with the City Manager's recommendation to invite the League of Cities staff to a Council meeting. Councilmember Lhotka inquired whether the Suburban Rate Authority assessment proposed for 1 984 is in the proposed budget. The City Manager explained that the assessment would have to be added to the 1 984 Budget. The City Manager proceeded to r eview the proposed budgets for the Charter Commission and the City Manager's office. ELECTIONS ooun`c l ember Theis requested a clarification on the increases in the cost of professional services from previous years. Administrative Assistant Bublitz pointed out that the increase in 1 984 is due to an increase in the election judge's -- salary and to the fact that more judges will be added during the presidential election. He added that there are more judges proposed for the 1984 presidential election than were used in the 1980 presidential election, and pointed out that the formula used to determine the number of judges is to have one more election judge than the number of voting machines in each precinct. ASSESSING The City Manager reviewed the Assessing Department budget, and explained that it is proposed that additional part -time hours will be included in this budget for 1984. He pointed out that a full -time Appraiser was eliminated from the Assessing Department. He added that the 1983 amount for professional services will not be spent if additional hours are not needed for this year. Councilmember Theis requested a clarification and rationale for part -time employees included in the budget, and .requested additional information on part -time hours, such as indicating the full -time equivalent for part -time positions. The City Manager proceeded to review the Finance Department and Independent Audit budgets proposed. for 1984. LEGAL COUNSEL The Director of Finance submitted a letter to the City Council from the City Attorney regarding the proposed legal budget for 1984. In discussion of the proposed legal budget, the City Manager noted that prosecution costs are difficult to determine and limit since they have a relationship to court and police activity. The Director of Finance added that the City may exceed its 1983 allocation for legal counsel by the end of September. 9 -19 -83 -3- Councilmember Lhotka inquired if there were any alternatives to the situation. The City Manager replied that an in- house legal staff does not appear to be a reasonable alternative to the current arrangement, and that the only alternative that is readily apparent is to look for aless expensive rate. He added that with regard to preparation of ordinances the City ,staff does much of the base wo rk on o rdinance preparation. Councilmember Scott suggested that the success rate in law suits, in her opinion, is the bottom line. Councilmember Theis then inquired whether any statistics were kept on cases won. The City Manager .replied that this would be a deceptive figure and because of plea bargaining the-statistics would look better as a result. He added that it is difficult to separate the plea bargained cases from other cases. Councilmember Theis then inquired how Brooklyn Center's expenditures compared to other similar municipalities. The City Manager replied that expenses are quite similar and noted that the City's expenditures are quite close to the City of Minnetonka based on a comparison done in 1982. Councilmember Lhotka expressed a. concern on how the legal counsel services could be evaluated from year to year. The City Manager .replied that the legal counsel services could be put out on a formal bid but often the bid is low only in the first year and then increases after that. He y pointed out that if the City is satisfied with the quality of the legal work the cost appears to be in line . He ad ded that there are no objective criteria for an evaluating professional services statistically. He added that he could discuss the Council's concerns with the City Attorney and have the City Attorney address the issue at the next budget session. GOVERNMENT BUILDINGS The City Manager explained that it is possible that the appropriation for boilers will not be needed if the existing equipment can be repaired. He added that testing is currently being done on the boilers. With .regard to the carpeting in City hall, the City Manager commented that in some areas the carpet shows great wear and that it has not been replaced in 12 years. He added that he could not justify a total replacement of the carpet but it is not possible to get matching carpet for repair. Councilmember Hawes inquired whether consideration was given to using carpet tile. The City Manager replied that vendors have told the City that it did not wear well but he would check this out further. Councilmember Theis requested additional information on the lighting in the Council chambers. The City Manager .replied that currently there is glare and hot spots and that the lighting is generally uneven in the Council chambers. He added that $4,800 'would be required to remodel the entire lighting' system in the Council chambers. RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9 :15 p.m. POLICE DEPARTMENT Tn view of hhee Police Department budget, the City Manager reviewed the training program budget and pointed out that one officer per year is sent to the refresher course held at the Southern Police Institute at a cost of slightly over $1,000. 9 -19 -83 -4 At the request of Councilmember I,hotka, the City Manager explained that the amount of board for prisoners will exceed the 1983 budget in 1983. Councilmember Theis inquired what the normal program is for rotating squad cars. The City Manager explained r the rotation of a s car from ' three years fo lamed that the normal cycle is q P Y Y the olice department to the regular City staff. P P � Y The City Manager reviewed the police department request for additional part -time clerical assistance of 20 hours per week. He added that this will allow the department to provide better service at the counter on evenings and weekends. Councilmember Theis stated that he was concerned regarding the addition of personnel which is not spelled out specifically in the budget. Councilmember. Lhotka inquired what the number of CEO's would be for 1984. The City Manager explained that currently there is one full -time and three part -time CEO's. He pointed out that they are apparently getting good. quality part -time people and the three part -time positions maintains abetter continuity for vacations and leave time. Councilmember Lhotka requested that the staff provide a clearer explanation of part -time hours in the budget. FIRE DEPARTMENT The Manager reviewed the recommended appropriations for the fire department, and Councilmember I,hotka requested information regarding how the fire department's rescue boats have been used in the past. PLANNING & INSPECTION The Manages reviewed the proposed appropriations for the Planning & Inspection Department and the Director of Finance pointed out a correction should be made on page 79 of the budget and the figure of $38,974 should be $36,952• The City Manager then reviewed the Emergency Preparedness Budget proposal for 1984. ANIMAL CONTROL The CiV Manager reviewed the recommended budget appropriations, and Councilmember Lhotka commented that the staff was going to provid a comparison between the cost and service of the contract service and the new system of providing animal. control. ENGINEERING The City Manager .reviewed the engineering services anticipated in 1984, and noted that the engineering staff is behind in doing its "as built" surveys. He pointed out that there are other projects that the engineering staff has not pursued because of construction projects. Councilmember Theis recalled the reallocation of personnel in the police department during last year's budget, and requested the staff to review how this issue will be addressed in other areas and departments. STREET CONSTRUCTION AND MAINTENANCE THe and r h streetconstruction o t e 't Manager viewed the budget proposals f ana e reviewed P Po Y g maintenance budget, and Councilmember Lhotka requested additional background information on the sidewalk snow plow.for the next meeting. Councilmember Lhotka left the table at 9:50 p.m. The City Manager reviewed the reforestation program for City boulevards, and noted 9 -19 -83 -5- r that many people have requested trees in their yards as opposed to on the boulevard. Councilmember Lhotka returned at 9:51 p.m. The City Manager proceeded to review the 1984 Budget proposals for the Vehicle Maintenace, Traffic Signals, Street Lighting, weed Control, and Health_ Regulation. PARK AND RECREATION BUDGET Yhe Manager reviewed the budget proposal for the Recreation and Parks t Administration budget and the. Adult Recreation ation programs. The Director of Finance reviewed the program budgets for Adult Recreation, Children's Recreation programs, Teen Recreation, General Recreation programs, and Community Center recreation. The City Manager then .reviewed the budget proposals for the Parks Maintenance Budget. UNALLOCATED DEPARTMENTAL EXPENSE In response to a question from Councilmember Theis, the Director. of Finance explained that the Home Insurance Company went into a dividend program in order to f retain municipal customers, and the City is still receiving dividends under the program. Councilmember Theis stated that he would like to address the revenue portion of the budget, and pointed out that he,had not seen an increase proposed for license fees to keep pace with increased costs. The City Manager stated that he would provide further information on the revenue at the next meeting. Mayor Nyquist continued the budget hearing to the Council meeting of September 26, 1983. The Brooklyn Center City Council adjourned at 10:15 p.m. Clerk Mayor 9 -19 -83 -6 Imo; Member introduced the following resolution and moved its adoption: RESOLUTION NO. . -` RESOLUTION RELATING TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the City), as follows: Section 1. Recitals 1.01. 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, insofar as possible, the emergence of blighted lands and areas of chronic unemployment, and the State has encouraged local governmental units to act to prevent such economic deterioration. 1.02. Brookdale Two Limited Partnership (the Borrower) a Minnesota limited partnership whose general partner is Ryan Construction Company of Minnesota, Inc. or an affiliate, has advised this Council of its desire to acquire land and construct thereon an approximately 116,000 square foot office building in the City (such acquisition and construction hereinafter is referred to as the Project). The estimated total cost of the Project is $9,885,000. 1.03. The City is authorized by the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the Act), to issue .w revenue bonds or notes (whether bonds or notes, hereinafter, the Bonds) to finance capital projects consisting of properties used or useful in connection with a revenue- producing enterprise. The Borrower has requested that the City issue its revenue bonds, to be issued in one or more series, in the approximate principal amount of $9,885,000 to finance the cost of the Project. Section 2. Public Hearing 2.01. Section 474.01, Subdivision 7b of the Act requires that prior to submission of an application to the Minnesota Energy and Economic Development Authority requesting approval of the Project as required by Section 474.01, Subdivision 7a of the Act, this Council shall conduct a public hearing on the proposal to undertake and finance the Project. Pursuant to that provision, a public hearing on the proposal to undertake and finance the Project is called and shall be held on 1983, at o'clock p.m., at the City Hall. RESOLUTION NO. 2.02. The City. - Manager shall cause- notice of the public hearing'to be published once in the official newspaper of the City and once in the Minneapolis Star and Tribune a newspaper of general circulation throughout the City, at least once not less than fifteen (15) nor more than thirty (30) days prior to the date fixed for the hearing, such notice to be in substantially the following form: NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 474, AS AMENDED CITY OF BROOKLYN CENTER, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota, will meet on , 1983, at o'clock p.m., at the City Hall, in Brooklyn Center, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue revenue bonds or notes (whether bonds or notes, hereinafter, the Bonds) under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended, in order to finance the cost of a project on behalf of Brookdale Two Limited Partnership (the Borrower), a Minnesota limited partnership whose general partner is Ryan Construction Company of.Minnesota, Inc. or an affiliate. The proposed project (the Project) will consist of the acquistion of land and the construction and equipping thereon of an approximatel .116,000 square foot office building Y q 9 in the City. The Project will be located at Shingle Creek Parkway and Summit Drive in the City. The estimated total amount of the proposed bond issue is $9,885,000. The Bonds may be issued in one or more series, as deemed appropriate by the Borrower and the City. The Bonds shall be limited obligations of the City and the Bonds and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that the Bonds may be secured by a mortgage or other encumbrance on the Project or property of the Borrower. No holder of any Bond shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds, or the interest thereon, nor to enforce payment against any property of the City except the revenues pledged to the payment thereof. A draft copy of the proposed application to the Minnesota Energy and Economic Development Authority for approval of the Project, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Manager, weekdays, during normal business hours. All persons interested may appear and express their views with respect to the proposal to undertake and finance the RESOLUTION NO. rob proposed Project, or may file written comments with the undersigned, which comments will be considered at the hearing. g r Dated: November , 1983. I BY ORDER OF THE CITY COUNCIL Gerald Splinter City Manager 2.03. A draft copy of the proposed application to the Minnesota Energy and Economic Development Authority, together with all attachments and exhibits thereto, are hereby ordered placed on file in the office of the City Manager, and shall be available for public inspection, following the publication of the notice of public hearing, weekdays, during normal business hours. Section 3., Special Obligation In all events, it is understood, however, that any bonds issued by ; the City pursuant to the Act to assist in the financing of the Project shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the revenues pledged to the payment of the Bonds; that each bond, when, as and if issued, shall be payable solely from the revenues received from the Project and 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; and that the Borrower shall save and hold the City harmless with respect to any and all liabilities and expenses incurred by the City with respect to the Project and the Bonds. 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. 1. 6 Y i Lerevcre Lef ler Kennedy { O'Brien & Drawz f atiti(N lilt lUp I 2000 First Bank Place West November 15, ,1983 Minneapolis Minnesota 55402 telephone 612- 333 -0543 Clayton L. LeFevere Herbert P. Lefler Mr. Bead Hoffman J. Dennis O'Brien Administrative Assistant °John E. Drawz David J. Kennedy City Hall John B. Dean 6301 Shingle Creek Parkway Glenn E. Purdue Brooklyn Center, Minnesota 55430 Richard J. Schieffer ,Charles L. LeFevere Herbert P. Lefler III Re: $9,885,000 Commercial Development Revenue Bonds Jeff rey J. Strand (Brookdale Two Limited Partnership Project) Mary J. Biorklund John G. Kressel City of Brooklyn Center, Minnesota Dayle Nolan Cindy L Lavorato Dear Brad Michael A. Nash Luke R. Komarek Joan N. Ericksen z have reviewed all of the preliminary materials prepared by B r i g .Moran the underwriter and bond counsel in connection with the Lo aCtugg above project, and find that they are all in proper form for James J. Thomson, Jr. consideration by the City Council at the appropriate time. You v ry truly, David J. Kennedy DJK:caw �b Member introduced the following resolution and moved its adoption: s i RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A TAX 'INCREMENT FINANCING AGREEMENT FOR THE BRUTGER PROPOSAL HOUSING DEVELOPMENT PROJECT IN THE CITY OF BROOKLYN CENTER WHEREAS, the Brooklyn Center Housing and Redevelopment Authority and the City have approved a certain Housing Development Project and Housing Tax Increment Financing District (TIF District) described in that certain document entitled "The Brooklyn Center Housing and Redevelopment Authority Housing Development Project Plan and Tax Increment Financing Plan for Brutger Proposal" on file with the City Clerk and incorporated herein by reference (Project); and WHEREAS, the Housing and Redevelopment Authority has, by appropriate action, established the TIF District, and applied to the City Council for the issuance of the City's General Obligation Tax Increment Bonds for financing the development costs of the Project; and WHEREAS, the Housing and Redevelopment Authority has requested that the City enter into a Tax Increment Financing Agreement with the Housing and Redevelopment Authority, which Agreement is attached hereto as Exhibit 1, hereby incorporated herein by reference; and WHEREAS, the City Council has duly considered the request of the } Housing and Redevelopment Authority and the Tax Increment Financing Agreement; NOW, THEREFORE BE IT RESOLVED by Y the Ci Council of the City of Brooklyn Center, Minnesota as follows: 1. That the Mayor and the City Manager of the City of Brooklyn Center are hereby authorized and directed to execute the attached Tax Increment Financing Agreement for and on behalf of the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon,' the following voted in favor thereof: and the following voted against the same: t whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. Exhibit 1 CITY OF BROOKLYN CENTER M ' HOUSING AND REDEVELOPMENT AUTHORITY OF # THE CITY OF BROOKLYN CENTER 0 HOUSING DEVELOPMENT PROJECT TAX INCREMENT AGREEMENT THIS AGREEMENT, made and entered into this 21st day of November, 1983, by and between the City of Brooklyn Center, Minnesota, a municipal corporation organized and existing under and by virtue of this charter and the Laws of the State of Minnesota (the City) and the Housing and Redevelopment Authority of the City of Brooklyn Center, Minnesota, public body corporate and politic formed and existing under the Laws of the United States of America and the State of Minnesota (the Authority). WITNESSETH: WHEREAS, the Authority has approved a certain Housing Development Project and Housing Tax Increment Financing District (TIF District) described in that certain document entitled "The Brooklyn Center Housing and Redevelopment Authority Housing Development Project Plan and Tax Increment Financing Plan for Brutger Proposal" on file with the City Clerk and incorporated herein by reference (Project), and has, by appropriate action, established the TIF District, applied to the City Council for approval of the Project and related Tax Increment Financing Plan (Plan); and WHEREAS, the City has by resolution adopted April 11, 1983 duly approved the Project, the Plan, and the TIF District; and WHEREAS, Minnesota Statutes, Section 273.77 authorizes and requires tax increment agreements between the Authority and the City prior to the issuance of general obligations by the City to finance Project costs; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows 1. The Authority hereby expressly pledges that all tax increment payments made to the Authority by the Hennepin County Auditor (Director of Property Taxation) from the, Project Area and all revenues from land within the Project Area, while owned by the Authority, shall be pledged and assigned to the City, for the purpose of paying principal of, interest on and redemption premium, if any, of any and all bonds of the City which may hereafter be issued by the City for the financing of public development costs in the Project Area, provided, however, that so much of such RESOLUTION NO. tax increments and revenues as are needed by the Authority to reimburse the Authority for its expenditures for public development costs of the Project (as identified in the Housing Development Project Plan for the Project Area) may be retained by the Authority. 1 2. The City expressly agrees that it will from time to time and at the request of the Authority issue its General Obligation Bonds in separate series of bonds to finance public development evelo m�nt osts i o c n the Pr P ct Area but the decision n .to issue such bonds shall remain with the City Council. 3. The City hereby acknowledges the request of the Authority by its resolution of November 21, 1983, to authorize and issue General Obligation Tax Increment Bonds to finance the public development costs identified therein, and agrees that it will authorize and issue such Bonds. 4. All series of bonds issued pursuant to this Agreement shall be on a parity one with the other, and the tax increment and other revenues pledged hereby shall be used solely for the purposes specified in this Agreement. 5. The parties hereto do hereby mutually agree that it is the express intent and purpose of this Agreement to utilize the provisions of Minnesota Statutes, Sections 273.71 to 273.78, to finance the public housing development costs in the Project Area described in the Plan, and, subject to the provisions of Minnesota Statutes, Section 273.75, that all tax increments received with respect to the Project p r Ject Area shall be segregated by the Authority in a special account on its official books until the public development costs of the Project, including interest on.all money borrowed therefor, has been fully paid, and the City has been fully reimbursed from the tax increments or revenues from lands within the Project Area for all principal and interest on General Obligation Bonds which the City has issued in aid of the Project Area, or which it has paid from taxes levied on other property within the City's corporate limits. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF BROOKLYN CENTER Mayor r (SEAL) City Manager RESOLUTION NO. HOUSING AND REDEVELOPMENT AUTHORITY Or THE CITY OF BROOKLYN CENTER, MINNESOTA Chairman ( SEAL) Executive Director { RLSOLUTION NO. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and acting Manager of the City of Brooklyn Center, Minnesota do hereby certify that I have carefully compared the attached and foregoing Extract of Minutes of a Regular Meeting of the City Council of the City of Brooklyn Center, Minnesota held on Monday, November 21, 1983, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the saME relates to the issuance and sale of $930,000 General Obligation Tax Increment Bonds of 1983, of the City. SvITNESS My hand as Manager and the corporate seal of the City this 21st day of November, 1983. City Manager City of B ooklyn Center, Minnesota (SEAL) r.. - I f Member introduced the following resolution and moved its adoption: r' t RESOLUTION NO. i RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING PAYMENT FOR THE INSTALLATION OF PARK BENCHES AND'TRASH RECEPTACLES WHEREAS, pursuant to quotations solicitated for the installation of park benches and trash receptacles has been successfully completed; and WHEREAS, B & M- Contracting was the only contractor providing a quotation for the project; and WHEREAS, B & M Contracting quoted a sale of $50 per hour for the installation of the park benches and trash receptacles; and WHEREAS, the total cost of the project was $5,592.50. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the work performed by B & M Contracting and authorizing the payment of $5,592.50. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant G DATE: November 18, 1983 SUBJECT: Park Bench and Trash Receptacle Installation Quotes for the installation of park benches and trash receptacles were solicited from several contractors. Only B & M Contracting was interested in the job and they quoted us a rate of $50 per hour. It was estimated that the project would require about 80 to 90 hours. The project took a total of 109 hours plus some additional materials. Because the amount is in excess of $5,000, the Council must approve payment. From q3 apt �ea��- _ ��ae. �a. _��bb�� M,h vk ss a To Date _Qc� • 2$ � � t $ 3 Address T erms -- - -- - - __ -- Order No. 1 0 hrS 1 _mac -sober , � t— QGoPR �'7� Chas. 1 hAS . s F fl ; , ,s t S 1 ®� C ;eVNM� - d, ;P:a 5{ ��(�� 10C ssaaPPV / r of I ;t-41 -111 "IC w * < I woi j • wtvw IV J . 5 0 si IT -- ISP b - e -- vo , 0 1 ®� C ;eVNM� - d, ;P:a 5{ ��(�� 10C ssaaPPV / r of I ;t-41 -111 "IC w * < I woi j • 7q/ Member introduced the following resolution and moved its adoption: RESOLUTION NO. REQUESTING THE METROPOLITAN COUNCIL TO APPROVE AN EXTENSION OF TIME FOR THE FORMATION OF A WATERSHED MANAGEMENT ORGANIZATION WITHIN THE SHINGLE CREEK WATERSHED WHEREAS, Minnesota Laws of 1982, Chapter 509 mandated that all watersheds within the seven - county Metropolitan area must be governed by a watershed manage - ment organization and that such an organization is to be in existence by December 31, 1983: and WHEREAS, Minnesota Laws of 1983, Chapter 301, Section 123 allows for an extension of time for the formation of such organizations to July 1, 1984 provided the Metropolitan Council makes a finding of reasonable progress prior to December 31, 1983; and WHEREAS, portions of the City of Brooklyn Center lie within the Shingle Creek Watershed area as defined by the Metropolitan Council; and WHEREAS, the City of Brooklyn Center in cooperation with other cities within the Shingle Creek Watershed area is in-the process of preparing a joint powers agreement nt for the establishment of a Watershed Management Organization anization complying with the law, but that time constraints make it impossible to formalize such agreement by December 31, 1983; and WHEREAS, the Metropolitan Council has developed criteria for the granting of a time extension to July 1, 1984: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that: 1. Sy Knapp, as Director of Public Works for the City of Brooklyn Center, and as Secretary to the proposed Shingle Creek Watershed Management Organization is hereby authorized to submit to the Metropolitan Council a request for extension of time to July 1, 1984, together with such documentation as required',to support said request. 2. The City of Brooklyn Center hereby requests the Me Council to approve said request. 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: n adopted. whereupon said resolution was . declared duly passed and p RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. x 1 j CITY OF 6301 SHINGLE CREEK PARKWAY B B ROV A. BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 TER EMERGENCY— POLICE —FIRE �. 911 TO: Gerald G. Splinter, City Manager FROM: Sy 'Knapp, Director of Public Works DATE: November 17, 1983 RE: Formation of Watershed Management Organization In early 1983 the City Council adopted a resolution supporting the creation of a joint Shingle Creek - Upper Mississippi River Watershed Management Organization complying to Minnesota Laws of 1982, Chapter 509, and appointing me to a steering committee for the purpose of developing a joint powers agreement. Since then our steering committee and several subcommittees have held numerous meetings to try to develop a concensus as to the structure of the proposed organization and contents of the proposed agreement. At this point it appears that we are not able to reach agreement on the formation of a joint W.M.O. covering both watersheds, but that all steering committee members are willing to support the formation of two separate Watershed Management Organizations. Accordingly, we have instructed our attorney (Curt Pearson) to prepare two separate agreements. Under the 1982 law, the deadline for formation of ajoint powers W.M.O. was December 31, 1983. However, a 1983 law provided for extension of that deadline to July 1, 1984 - if the Metropolitan Council makes a finding of reasonable progress. Attached is a memo from the Metropolitan Council outlining the procedure for submitting a request for extension. Since I have been appointed as Secretary Treasurer to both W.M.O.'s, I recommend that the Brooklyn Center City Council adopt the attached two resolutions which authorize me to submit the requests for extension on behalf of all cities in both watersheds.: Respectfully submi tto, Sy napp 7e :r Member introduced the following resolution and moved its adoption: RESOLUTION NO. REQUESTING THE METROPOLITAN COUNCIL TO APPROVE AN EXTENSION OF TIME FOR THE FORMATION OF A WATERSHED MANAGEMENT ORGANIZATION WITHIN THE UPPER MISSISSIPPI WATERSHED WHEREAS, Minnesota Laws of 1982, Chapter 509 mandated that all watersheds within the seven- county Metropolitan area must be governed by a watershed manage- ment organization and that such an organization is to be in existence by December 31, 1983; and WHEREAS, Minnesota Laws of 1983, Chapter 301, Section .123 allows for an extension of time for the formation of such organizations to July 1, 1984 provided the Metropolitan Council makes a finding of reasonable progress prior to December 31, 1983; and WHEREAS, portions of the City of Brooklyn Center lie within the Upper Mississippi River (West) Watershed area as defined by the Metropolitan Council; and WHEREAS, the City of Brooklyn Center in cooperation with other cities within the Upper Mississippi River (West) Watershed area is in the process of preparing a joint powers agreement for the establishment of a Watershed Manage- ment Organization complying with the law, but that time constraints make it impossible to formalize such agreement by December 31, 1983; and f WHEREAS,. the Metropolitan Council has developed criteria for the granting of a time extension to July 1, 1984: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that: 1. Sy Knapp, as Director of Public Works for the City of Brooklyn Center, and as Secretary to the proposed West Mississippi Watershed Management Organization is hereby authorized to submit to the Metropolitan Council a request for extension of time to July 1, 1984, together with such documentation as required to support said request. 2. The City of Brooklyn Center hereby requests the Metropolitan Council to approve said request. Date Mayor ATTEST: Clerk °ta O Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291 -6359 November 14, 1983 SUBJECT: Chapter 509 - Surface Water Management Time Extension Dear local Official, Planner or Engineer: As you probably know, 1983 1 egi sl a . or made it possible for communities interested in forming a water management organization (WMO), but that needed time beyond the statutory deadline, to obtain an extension of the deadline to July 1, 1984. The language of the change which makes this possible (Laws of Minnesota 1983, Chapter 301, Section 123) requires that the Metropolitan Council make a finding of reasonable progress by December 31 before extensions can be given, but does not set out the process by which extension requests would reviewed. The Council has not received any requests for Extensions, but we are certain that many coin-unities w i l l l need the addi ti enal ti l;.a. Accordingly, the CounLi 1 has developed an expedited process whereby such applications can be made and submitted to the Council for review. Any single community within a watershed area may make an extension request on behalf of all of the communities in the area. All requests must be in writing and must include the following: 1) A letter of request with official action (resolution or other) by Council or town board, including a sum.rary of the activities undertaken in pursuit of a 'WMO, current status, and pr of ected schedule for completion of a joint powers agreement. 2) Supporting documentation (e.g., minutes of meetings, letters, copies or city council actions, et.c. 3) A neap of the drainage area for which an extension is being requested. 4) Verification that the other co m. unities in the watershed area have been notified of the request (a form which can be used to notify the communities is attached to this letter). Because there is very little time left before the find of the year, it is important t`at your request be submitted as soon as possible. Requests received on or before December 2 w i l l be reviewed by the full Metropolitan Council on or before December 22. Those received later will be handled as quickly as possible. An Equal Opportunity Employer -2- Requests should be sent to the following address: Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul Minnesota 55101 Attention: John Rutford Once received, the Council will evaluate extension requests according to the following standards; 1) Have the governmental units within the watershed area taken action directing their staffs to work together on developing the basis for organizing the watershed? 2) Have meetings, and how many meetings, been held on the subject of a WMO? 3} Is a majority of l ocal governments within the watershed area committed to organizing a WMO? 4) Has a joint powers agreement been drafted; what is its present status? 5) Will the schedul set by the communities lead to a solution during the time extension? The summary of activities you provide should to the extent possible help the Council answer these questions. Questions should be directed to Marcel Jouseau at 291 -6402 or Ray Leek at 291 -6567. Si 19rely , Gerald J. aacs Chair GI:im Attach. I�� Dear We have requested that the Metropolitan Council grant an extension for the formation of a water management organization (WMO). Attached is a map for the watershed area boundaries for reference. Should you wish to express your approval, disapproval or make other comments about the request, it is important that you contact either Marcel Jouseau (291 -6402) or Ray Leek (291- 6567) at the Metropolitan Council as soon as possible. In order for the extension to be granted, the Council must make 'a finding of reasonable progress by December 31, 1983. Thank you for your expected cooperation in this matter. Sincerely, Attach. 3 ' k } , 7, , oc Member introduced the following resolution and moved its adoption: ! RESOLUTION NO. RESOLUTION ACCEPTING BID AWARDING. CONTRACT FOR THE PURCHASE OF ALL WHEEL DRIVE SIDEWALK PLOW WHEREAS, pursuant to an advertisement for bids for the purchase of an all wheel drive sidewalk plow, bids were received, opened, and tabulated on the 16th day of November, 1983, said tabulations as follows: MacQueen Equipment, Inc. - Bid Price Per Unit $37,810 Less Trade In $ 6,100 Net Bid Price $31,710 WHEREAS, the bid of MacQueen Equipment, Inc., is the only bid received, and meets the specification; and WHEREAS, the City has recommended to the City Council that is in the best interest of the City to accept said bid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the bid of MacQueen Equipment, Inc_, of St. Paul, Minnesota in the amount of $31,710 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into contract for the purchase of said r - -, equipment in accordance with the terms of the specifications. 0 # 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. �b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing wil be held on the 19th day of December, 19133 at p.m. at the City Hail, 001 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance providing a separate parking re- quirement for racket and swim clubs. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO PRO`JIDE A, PARKING REQUIREMENT FOR RACKET AND SWIM CLUBS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner, Section 35 -704. MINIMUM PARKIN SPACES REQUIRED. 2. Commerce (Retail a Service /Of (i) Racket and swim clubs, athletic clubs, health spas and the li ke: Twenty s paces for the first 1,000 sq. ft. of gross b uilding floor area, pl us one space per 300 sq. ft. of gross flo area in excess of 1,000 sq. ft. plus two ,2 spaces per outside tenni court. Section 2. This ordinance shall beco;ae effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST .Clerk ' Date of Publication Effective Date (Underlilie indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 19th day of December , 19 83 at 8:00 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating A Portion Of A Utility And Drainage Easement On Lot 18 And Lot 19, Block 3, BERGSTROM'S- LYNSIDE MANOR. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF A UTILITY AND DRAINAGE EASEMENT ON LOT 13 AND LOT 19, BLOCK 3, BERGSTROM'S LYNSIDE MANOR THE CITY COUNCIL OF THE CITY OF BROOKLYN CEI3TER DOES ORDAIN AS FOLLOWS Section 1. That portion of the utility easement existing on Lot 18 and Lot 19, Block 3, BERGSTROM'S LYNSIDE MANOR below described is hereby vacated as a public utility and drainage easement Beginning at the Southwest corner of Lot 20, Block 3, Bergstrom's Lynside Manor, thence South 89 26 East (assumed bearing) along the southerl line of said Lot 20, a distance of 173.41 feet; thence South 03 0 25 1 00" East, a distance of 13.90 feet; thence North 84 West, a distance of 174.84 feet to the point of beginning. Section 2 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 bate Ilk ♦ J � I � w l , ; ; � 1� • x f4 \ 135 n 1 V ' ;5 1 s 135 .� .T 13; " ! ; �9 ce r 135 \ i 10 • �' 135 i35 1 a A. 41 31'`� I I ., 1352; o t e rJ �` �1 •'� tin �: CJ � �.1-' _�, t � os -�J NO NE 4_A NE� u A•T) .— f . `,pp;.l'S ST: � 1 51' 1('E is o' .i �•.... ° )} �' 6 ,,. o F R-/ w.. � '�,t -IS�tt _�"'K� � �' C 7;61' _� �, \ � LLL f-. � •� r /�♦?1: ,I 118 44 t/ ♦\ ES . :34• .o� �� � •' r1I t.. 7Tfr _,' ms's ............... ..... ti. U _ _. _ `_ ti .. • __ __ - 7 "� -,„�, , Nain3p� r' L.S.J 17\,` r�� C:C -•- r; V I ; N 1 SPYwner a► E} �}' ut i SE ►f �ccfla� SS _, `� — - -- 1 ;tom- �= '^.ar_.;,^�i �:.r_.c^�a'r.:_. �.:rz _ - x;..:.���ts:�.: � � .-+ � \ ► i-r: •-•: - .:.r -: �• :.:. �::.:-;Y �:.:mxucrxrr -.� i J61110 P � Ni i� •'.�!•.:f'!' � � �a / � I J.I 1� l.J 1 \ �� Y I `� � - -� \� it Jl- QD _ � I I t iJ v e. I , V. I ° Ol LA ry / co I w t, I �� I '�•32 � -- � l5 ` I r - � «�..."!� R� ._', ,_ -�`�� - -•'I.: � _ � .''C$ ' l' • 'f;+��y..'.L'•,s•.��_''�ti'.ti": �`�'..� ^ ao.s ,..- -.,- 7...--rJ' ML MORhPIDUM TO: Gerald Splinter City Manager City of Brooklyn Center FROM: R. J. Schieffer City Attorney RE: Liquor License Revisions DATE: November 2, 1983 I met with Lindsay and we agreed on the following revisions: (1) 11- 507(5), add at the end of the paragraph the following: "For purposes of this subdivision a change in the controlling interest of the licensee is deemed a transfer of the license." (2) 11- 504(5d), fine six, add the words, "or directors" after the word officers. - v (3) 11- 502(3), change Class B to Class (4) 11- 502(3), add an additional sentence, "Upon transfer of the license of an existing licensed premise the license class is dictated by the said established ratio." (5) 11 -502 A, B and C - License = A - 80% + food - $9;999- B 50% through 79% - C - 40% through 49% Chapter 23 should also be amended to reflect the changes in the fee structure. L MEMORANDUM TO: Theis FROM: R. J. Schieffer City Attorney RE: Liquor License Ordinance DATE: November 4, 1983 Attached is an example of the language you and I discussed: Section 11- 511(16), "A licensed restau- rant shall be conducted in such a manner that at least fifty percent (50 %) of the business for a license year is the serving of foods. A licensed establish- ment which derives a significant part of i its revenue from sources other than liquor and food shall be conducted in such a manner that, of that part of the total 'business attributable to or derived from the serving of foods and intoxicating liquors, at least forty percent (40 %) of the business for a license year is the serving of foods." RJS /mjd November 4, 1983 car; C i T 1 Z E V; FOR qb BETTER (3`0VERNMENT INC. Brooklyn :enter, Minnesota November 11, 1983 The Honorable Dean Nyquist Mayor, City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN. 55430 Dear Mayor Nyquist: On behalf of the Citizens for Better Government, I would like to thank you and the City Council for granting the additional time for our membership to discuss the current proposed city liquor ordinance revisions. - At a special meeting held on November 9, 1983, CBG had the op- portunity to listen to the history of split liquor, the reasons for a change in the present ordinance and a synopsis of the proposed revisions, the views of the Chamber of Commerce as well of those of a local developer, and the thoughts of our own discussion group meetings. The membership's discussions dealt primarily with that part of the proposed ordinance that pertained to food /liquor ratios instituted to maintain control over the quality of the establishments. Considerable support was shown for the three class license proposal which was ,in- troduced at the November 7th Council meeting. After much debate, the membership approved by majority vote that you consider a recommendation to investigate language whereby a licensed restaurant would be conducted in such a manner that at least 50% of its business would be the serving of food, and whereby a licensed establishment which derives a significant part of its revt.c)ue from sources other than from food and liquor be allowed to operate at 40% food for that par- ticular portion of its business. It was the feeling of the majority vote that the city ought not ; reduce the ratio any more than is necessary to resolve the current problem: With this change in wording, it was-felt that Brooklyn Center would still be able to maintain the high quality of establish- ments in our city without the possible loss of control. %Vinnars. 7o edle - Mayor Dean Nyquist November 11, 1983 Page 2 We, too, want to assure that our liquor licensing ordinance does the best possible job for Brooklyn Center. We appreciate your consideration of our recommendation, Sincerely, D�:borah J. S inson President Citizens for Better Government: cc: Councilman Bill Hawes Councilman Rich Theis Councilwoman Celia Scott Councilman Gene Lhotka / Mr. Gerald G. Splinter, City Manager ti DEPARTMENT CITY OF OF m� BROOKLYN F INANCE , C ENTER MEMO TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: November 17, 1983 SUBJECT: 1983 AUDIT AGREEMENT I have attached the agreement for the independent certified audit of all City funds for the calendar year 1983 as submitted by our auditors, Moen and Penttila,' Ltd., Certified Public Accountants. Please present the proposed agreement to the City Council. If it meets with the Council's approval, the Council should authorize the Mayor and City Manager to enter into the agreement. The hourly rates proposed by the auditors, compared to previous years' rates, are as follows: 1983 Audit 1982 Audit % Increase 1981 Audit 1980 Audit Principal $27.30 $26.00 5.00% $24.00 $22.10 Senior 25.75 24.50 5.10% 22.00 19.86 Junior 22.50 21.00 7.14 19.00 17.57 Clerical 7.00 7.00 0% 7.00 6.50 The-1982 total audit cost was $19,900, of which $10,051 was allocated to the General Fund. Although the hourly rates have been increased slightly, the 1983 audit is guaranteed to cost us at least $2,000 less than the 1982 audit., Last year, for the first time, the auditor guaranteed that the audit would not exceed a specified amount ($19,900) because of the implementation of new city accounting procedures. Apparently, the new accounting procedures did result in the saving of audit time because this year the auditor has agreed to reduce the guaranteed maximum to $17,900. Respectfully submitted, Paul W. Holmlund PWH:ps C O N T R A C T This Contract made this day of , 1983, by and between the City of Brooklyn Center, referred to in this contract as the City, and Moen and Penttila, Ltd., Certified Public Accountants, referred to in this contract as the Auditor, for the auditing of all the City's Funds and Account Groups. The Auditor's examination will be made in accordance with generally accepted auditing standards, and will include such tests of the accounting records and such other auditing procedures as are necessary to enable the Auditor to express a professional opinion on the fairness with which the financial statements present, in all material respects, the financial position and the results of operations in accordance with generally accepted accounting principles applied on a basis consistent with that of the preceding period. An essential 0 feature of the Auditor's examination is the review and evaluation of the City's system of internal control upon which the scope and extent of the audit tests will be determined. Such audit procedures and tests will be those considered necessary in the circumstances. Such examination is not intended to be sufficiently conclusive to assure the discovery of errors, defalcations or similar irregularities, although their discovery may result. However, the Auditor feels that it offers an acceptable balance between conclusive reliability and reasonable audit costs. It provides for inquiries and selective tests of the operating procedures, including those designed to safeguard property. It gives reasonable assurance that the overall financial position and the results of operations are fairly presented on the basis indicated. It should be recognized, however, that it gives less assurance as to accuracy of the individual items appearing in the financial -1- statements, since the tests are directed toward forming an opinion on the financial statements taken as a whole. The Auditor will, of course inform the City if, as a result of this examination, it is felt that there is a need for someone to investigate more specifically for possible past irregularities or need to change the accounting system and procedures, or review them more extensively, i with a view to minimizing the possibility of future losses. The Audit shall be conducted in accordance with the minimum procedures for auditing prescribed pursuant to Minnesota Statutes. The Auditor shall make specific comments and recommendations with regard to any non - conformity with procedures prescribed by statute or charter that come to his attention during the course of the Audit. The Auditor shall report as to whether the accounts are kept in accordance with a proper classification of- accounts and as to any defect in the accounting plan and financial procedures that make it difficult to provide for an internal audit or for proper accounting and audit by independent auditors. The Auditor shall also report any failure of the Accounting Department to make financial reports required or needed for administrative purposes. It is understood that the Auditor's responsibility in cases where a municipal officer or officers receive or hold funds for other authorities shall be limited if the Auditor is no authorized to examine the accounts of such officers in this extra capacity. The period of the audit shall be the calendar year 1983 with a subsequent review of the records from the date of the balance sheet to the conclusion of field work to obtain any information which may affect the report as submitted. The Auditor shall make a more extensive investigation where circumstances disclosed by the audit call for more detailed investigation than would be necessary under ordinary circumstances. In an event of this nature, the -2- Auditor shall first notify the City administrative officers as to the reason for, and the extent of, the additional procedures required. It is understood that additional compensation shall be paid for such services performed. The audit report shall be submitted to the City Council as the contracting authority on or -about May 20, 1984, if no unforeseen conditions arise. The printing of the report shall be contracted by the City subject to review by the Auditor as to content, appearance and matters of presentation so as to enable the Auditor to fulfill his responsibilities as they relate to proper disclosure. The Auditor shall receive three (3) copies of the printed report. The audit engagement will commence after the approval of this contract by the City Council and will be supervised by Kenneth Jaeb, a principal in the firm of Moen & Penttila, Ltd. A senior accountant will be employed on this engagement on a near permanent basis. Work not of senior capacity will be performed by a junior auditor whenever practical. Certain exhibits and schedules may be prepared by City personnel. The decision of which schedules and exhibits are furnished to the auditor will be made b the Auditor, and v practical. Y Cit personnel will be utilized whenever p YP Compensation shall be on the basis of an hourly rate per category of i personnel assigned. The time required on this engagement will be accumulated by total and category as to principal, senior, and junior help and will be available to the City upon request. The hourly rates to be charged shall be as follows: Personnel Category Rate Principal $27.30 j Senior $25.75 Junior $22.50 I -3- Moen & Penttila, Ltd. guarantees that the costs of the certified audit' for calendar year 1983 will not exceed $17,900.00. Payment shall be made to the Auditor as follows: 1. On completion of 60% of the engagement, an interim billing shall be submitted allowing for a 10% retainage and: 2. The balance due shall be paid upon completion of the audit and delivery of reports and submission of a statement for the services performed. IN WITNESS WHEREOF the parties have hereunto set their hand and seals on the day and year first above written. CITY OF BROOKLYN CENTER By Mayor Manager Moen & Penttila, Ltd., CPAs -4- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant DATE: November 18, 1983 SUBJECT: Domestic Assault Intervention Project Brochure Over the past several months the Brooklyn Center Human Rights Commission has been addressing the issue of Domestic Assault in Brooklyn Center. During that time the Commission has been working closely with the intervention program currently underway in the City. As an adjunct to, and in support of the Brooklyn Center Domestic Assault Intervention Project, the Brooklyn Center Human Rights Commission has prepared a brochure which describes the Brooklyn Center Intervention Project, along with other information about domestic abuse. A draft of the brochure is attached to this memo. At its November 10, 1983 meeting, the Human Rights Commission passed a motion requesting the City Council to provide funds for the printing of the brochure. The brochure would be distributed in the community through churches, social service agencies, and other community organizations. The purpose of the brochure is to make people aware of the intervention project and to provide information to those persons who may need to use the program. The format for the brochure would be an 8 3 1" x 11" tri- folded brochure. Printing of the brochure can be accomplished using the City's off -set press. The estimated cost of printing the brochure is approximately $200 and includes cover design, type setting, key lining, plates, paper, ink, and labor. Two quotations were obtained for this work from printing firms in the area and totaled $700 and $1,150. If the Council approves the project it is requested that the Council authorizes the expenditure of an amount not to exceed $200 from the Council's contingency account for the printing of the brochure. y ..THE BROOKLYN CENTER DOMESTIC ASSAULT INTERVENTION PROJECT TILE PROBLEM The Project is modeled after a similar project in Duluth and was established to -I£ you have been physically abused by a provide intervention in domestic assault f 'ly member or friend, you are not alone. cases. The Brooklyn Center Domestic Abuse collected from law enforcement Intervention Project is funded by Minnesota - a ties, human service providers, medical Program Development, Inc., a non- profit personnel, and shelter programs in organization established to provide Minnesota indicate several facts: assistance to communities attempting to develop strategies for intervention in -An estimated 139,000 incidents domestic assault cases. of assault on women, by their partners, have occurred in Minnesota since mandatory WHAT IS THE BROOKLYN CENTER DOMESTIC ABUSE reporting began in 1978. This INTERVENTION PROJECT? is an average of 34,800 incidents per year. The project is a network of agencies and individuals including law enforcement, - Domestic violence has been medical and human service professionals reported in every county of working in conjunction with trained community the state. volunteers to stop domestic assaults. -The majority of women who were assaulted were married HOW DOES IT WORK? and living with their assail - ant at the time of the assault. Trained Community Advocates respond after an arrest is made to offer the victim assistance Domestic abuse occurs everywhere - in and information about legal rights and suburbs, inner city neighborhoods, and community services. families of all backgrounds, ions and incomes. Studies indicate Trained Community Advocates visit the jail t who grow up in violent and explain the consequences of violent homes are likely to become victims or behavior and offer education and support for abusers themselves as adults. the assailant to break the cycle of violent behavior. Domestic Abuse is not a new problem. Its causes are rooted deeply in our cultural A Support Group For Women in the community attitudes, traditions, and even in our who are living in physically abusive laws. It is only in the past few decades relationships is held weekly. The group that battering in a domestic setting has provides a safe place to talk about become a crime. experiences and gain information on avail- able-options in an informal supportive setting. Childcare is available during the VIOLENCE AGAINST YOU IS 'A CRIME. YOU DO meeting. Transportation can also be arranged. NOT DESERVE TO BE PHYSICALLY ABUSED. A Su22ort Group For Assailants is available to help those using violence to make a THE PROGRAM decision about changing the way they are managing anger and stress.. For information There are options available to you.. There about either group ,call 571 - 3208. is a safe place for you to go and someone to talk to for information and support. Emergency Housing is available to any woman wh o has physically been abused or threatened The Brooklyn Center Domestic Abuse Inter- with violence by her husband or boyfriend. v on Project can help you if you are There is no cost to women staying at the fencing domestic violence or abuse. shelter. Call Home Free Shelter 559 -4945. WHOM TO CALL BROOKLYN CENTER DOMESTIC ASSAULT INTERVENTIO'l PROJECT GOALS 1. For protection and police intervention all 911. 1. To make Brooklyn Center a place where the issue of domestic assault is 2. o talk to a community advocate who addressed by the community. understands call 571 -3208. 2. To create a uniform reponse to domestic 3. If you need medical attention call assault by awareness and responsiveness North Memorial Hospital emergency of agencies, institutions, helping 520- 5542. systems and individuals in the community of Brooklyn Center. 4. if you call the police to your home several options are available. 3. To reduce battering incidents in Brooklyn Center by shifting the -The officer can arrest your responsibility for preventing domestic assailant at home if there is assault from the victim to the law enforcement and criminal probable cause to believe you e justice system 7 have been assaulted. and by offering educational and support systems for assailants who want help in -You can make a citizen's arrest changing their behavior. of your assailant with police assistance COMMUNITY VOLUNTEER OPPORTUNITIES -You can request information on pressing criminal assault charges. If you want to become involved in the program as a volunteer and would be willing to assist -You can request names and badge in any of the following areas, please call numbers of the officers. 571 -3208. The officer will file a report Assist in child care for on the incident. support group meeting 5. If you want to make a Criminal Assault Provide transportation to Complaint against your assailant go to support group the Brooklyn Center Police Department and file a complaint as soon as Serve as a community women's possible after the assault has occurred. advocate Serve as a community jail visitor Community Education Speakers are available to provide information at your workplace, church, agency or organization concerning family violence and the Brooklyn Center Domestic Assault Intervention 'Project. For speakers call 571 -3208. Prepared by the Brooklyn Center Human Rights Commission MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: November 14, 1983 SUBJECT: Background Investigation for Pizza Palace Attached please find the resume of Investigator Monteen for Royal Kitchens, Inc., doing business as Pizza Palace for a Nonintoxicating Liquor License and an Amusement Device Operator's License, for the premises located at 5001 Drew Avenue North in Brooklyn Center. As you will see from the resume, the department can find` nothing to preclude this establishment or any of the people involved from obtaining either license. The following is a resume of the application of Royal Kitchens, Inc., doing usiness as PIZZA PALACE, 5001 Drew Avenue North, for a non-- intoxicating It beverage license as issued by the City of Brooklyn Center. Royal itchens, Inc. is represented, by its president, John Howard ROBINSON, vice- president, James Rolin RYDER and premises manager, David Wayne JOHNSON. This resume has been prepared by Investigator A. Paul MONTEEN on - 11 -04 -83 at 1545 hours. This resume has been transcribed and typewritten by Pat SWANSON, clerk /typist for the Brooklyn Center Police Department. APPLICANT Royal Kitchens, Inc. 1720 Terrace Drive St. Paul, Minnesota Telephone: 636 -1552 DBA Pizza Palace 5001 Drew Avenue North Brooklyn Center, Minnesota No phone installed. John Howard ROBINSON, President 4450 Arden View Court Arden Hills, Minnesota TElephone: 636 -9834 0 ames Rollin RYDER, Vice- President 809 Abbott Avenue North rooklyn Park, Minnesota Telephone: 561 -6259 David Wayne JOHNSON, Manager 303 Eigth Street S.E. Minneapolis, Minnesota Telephone: 379 -1311 ARTICLES CONTAINED IN THE APPLICATION Application for on-sale or club intoxicating or non - intoxicating liquor or wine license -- City of Brooklyn Center. Form 3 in support of the application in the name of JOhn Howard ROBINSON, James Rollin RYDER and David Wayne JOHNSON, A scaled drawing of the kitchen and eating facilities at 5 001 Drew Avenue North. A copy of the Articles of Incorporation for Royal Kitchens, Inc. A copy of the lease agreement between Royal Kitchens, Inc and R &F Apart- ments. A certificate of insurance. Form 2 in support of the application, in the name of Royal Kitchens, Inc. , Resume by Investigator A. Paul MONTEEN Case, File #83 -16468 Page 2 W yal Kitchens, Inc. has filed Articles of Incorporation with the office of the Secretary of State in the State of Minnesota and has incorporated for the purpose of operating and developing the resources for the preparation, . marketing and selling of food products and food services. According to the Articles of Incorporation, the Board of Directors consists of two (2) parties, that being John H. ROBINSON and Gerald A. OKERMAN. Joan Anderson GROWE Secretary of State, stamped and received the document in ,question on May 26, 1976. Subsequently,.Royal Kitchens, Inc. has entered into a lease agreement with R &F Apartments for the use of the building and land located at 5001 Drew Avenue North and 360850th Avenue North, which is located within the corporate limits of the City of Brooklyn Center, Hennepin County, Minnesota. According to the agreements of this lease, Royal Kitchens, Inc. will have use and disposal of that property for the period of October 1, 1983, to October 31, 1985, for which they will pay consideration of $1,000.00 per month during the first six (6) months of the lease and $1,500.00 per month through the remainder. A lengthy legal description of the property is attached to the copy of the lease agreement. According to the application, John Howard ROBINSON is the president of Royal Kitchens, Inc. and is the 100% stockholder of the corporation. ROBINSON is a resident of 4450 Arden View Court Arden Hills Minnesota, and has lived at that residence since 1980. Prior to 1980, ROBINSON was resident of Falcon Heights. During the past ten (10) years, ROBINSON as been operating Royal Kitchens, Inc. and ROBINSON Industries from the 1720 Terrace Drive address in Roseville, Minnesota. During that time, Royal Kitchens, Inc. did provide food manufacturing and management ser- vices and has operated K &L Leasing for leased food service equipment, the Pizza Palace which provided pizza at the Minnesota State Fair and has pro- vided amusement devices at the Colorado Renaissance Festival from the Terrace Drive address. ROBINSON has no record with the Brooklyn Center Po- lice Department and likewise, has no record with the Records Division or Warrants Division of the Hennepin County Sheriff's Office. MINCIS and NCIC held no records in the name of John Howard ROBINSON nor were .there any criminal histories in Arden Hills, Falcon Heights, Ramsey County or Anoka County. ROBINSON holds a valid, Class C driver's license with the State of Minnesota with no alcohol related arrests The application indicates that James Rollin RYDER of 7809 Abbott Avenue North in Brooklyn Park is the vice- president of Royal Kitchens, Inc. RYDER has been a resident of Brooklyn Park from 1979 to the present and prior to 1979, resided at 2539 Elliott Avenue in Richfield, Minnesota. During the past ten (10) years, RYDER has been an employee of Royal Kitchens, Inc. and ROBINSON Industries, involved in the manufacture and management of food and food handling products. In checking James Rollin RYDER has no record with the Brooklyn Center Police Department nor any record with the Hennepin County Sheriff's Jail Records or Warrant Division. Furthermore, the City of Brooklyn Park and Richfield have no criminal record in the me of James Rollin RYDER nor is there any record with NCIC or MINCIS. t Resume by Investigator A. Paul MONTEEN Case File #83 -16468 Page 3 DER holds a valid, Class C driver's license in the State of Minnesota with no alcohol related violations. The manager of Pizza Palace at 5001 Drew AVenue North will be David Wayne JOHNSON who currently_ resides at 303 Eigth Street S.E., a recently completed townhouse development near the campus of the University of Minnesota. Prior to this time, JOHNSON resided at 8054 Erie Spur in Chanhassen, Minnesota. JOHNSON is 23 years of, age and has spent his entire working life as an employee of ,Royal Kitchens, Inc. at 1720 Terrace Drive in the the food management end of the business. JOHNSON has no record with the Brooklyn Center Police Department nor with the Hennepin County Sheriff's Office, - Jail Records Division or Warrants Division. The Minneapolis Police Depart- ment holds no record, as well as the Chanhassen and Carver County Sheriff's Office. NCIC and MINCIS are also clear. JOHNSON has a valid, Class Cl driver's license, restricted to glasses and has no liquor related offenses, A Certificate of Insurance accompanied the application for the non-intoxicat- ing malt beverage license. According to this certificate, the `Frank B. HALL & Company of Minnesota, Inc. located at One Corporate Center, 7401 Metro Boulevard, Suite 350, Minneapolis, MN 55435, with a telephone number' of 835 -5030 has insured Pizza Palace and Royal Kitchens, Inc. According to the certificate of insurance, Royal Kitchens and Pizza Palace are - in- sured in the amounts of $500,000 for each incident. The certificate also notes a liquor liability will be added at the time of issuance of this cense. An addendum to the certificate of insurance indicates that should e insurance be candelled, the company will endeavor to contact the City Of Brooklyn Center ten (10) days prior to the cancellation of such insur- ance. Investigator MONTEEN can find nothing which would preclude Royal Kitchens, Inc., doing business as Pizza Palace or its president, John Howard ROBINSON, its vice - president, James Rollin RYDER, or the manager, David Wayne JOHNSON, from receiving a non - intoxicating malt beverage license as issued by the City of- Brooklyn Center. CITY OF BROOKLYN CENTER POLICE DEPARTMENT f SUPPLEMENTARY REPORT File No. Outside Offense 10 Yes 7;ONo 19 x'.91 Nature of Offense T F " ` , ' ` i'. 2 r� -i , r • p, t °r * " Location of Offense pate Reported / Time: 15 Dote Committed Time: 1"i Totnl Value of Loss = Name of Complainant " i Res. Phone Address of Complainant Bus. Phone sill R -City & State Disposition 1O Unfounded 20Cfrd by Arrest 3OExc Clyd 4O1nactive 5OOther Arrests 10Adult 20Juvenile 30Both 40None Officer Assigned to Case: Transferred to: Supervisor Approved (Lisp.): Supt. App. Dote and Time Report Made / °` f c2 � 14 .. »u .i.'r o r ef c . ..a the re C- a ':. of this report to the a tt 'h` a ,i. •. ... . _ , . -�' .. (,... i � .. <. L '..'r: �,..�.. i < < ..;;: application o f Royal yi.:l a .t. t c h e t z :;i , inc., do ing b 1.1 s .S. xi, :> •.�7 an wiz,.__. _ .._t c <_; w . in a .. .4.,,i» t...+.st.. n for a r-1o, x 3.1. L.e. n ca in malt x., sv . c _., . Accord , ...� the L,_? p..4. ..ca ti cn aJ C.) sue,. ..,oe'YC1rd .t :li3... .n;: iJ is the Corporate Preside .,... ,a .a'_....._ 111%0 is .:?:.e t..:,ar Ye.C<r,..1.e biC"a 7'rEa1C., ":.lt c::`lfa L7a't73.C1 !^v' >yI7G JOHNSON . ' CITY OF BROOKLYN CENTER POLICE DEPARTMENT SUPPLEMENTARY REPORT File No. ,.. :. Outside Offense 10 Yes 2bNo Nature of Offense i ; �. , ,« O r " i Location of Offense Dote Reported Time:— Date Committed Time: 14 [ �! Totnl Value of Loss Name of Complainant Res. Phone Address of Complainant Bus. Phone > +' ? rz City R State Disposition 1 ❑ Unfounded 2 0CIrd by Arrest 30Exc Clyd 4E3Inoctive 500ther Arrests 1(]Adult 2C])uvenile 3(]Both 40, None Officer Assigned to Case: — Transferred to: Supervisor Approved (Disp.): Supr. App. Dote and Time Report Mode 4 1. -}1 Xwon rd ,.vr._"._ 5 N, a n juhalf of Ro',r.";l . .! _h. n !no., 'uCiw_f!g ,x.l.asinass ;. 7 2 0 a .„_.%. has pato applicati t o tho Clay of Brooklyn Centor for an O - `< W ` S e. t C.. — S 1 !y P .:.', V Con . j ohn _ 3 x . J," 1, A O D a s O t c v --: _ y _. �_'. n ..a:... _. - "°- W s _ _ -' tJ!'< Royal _ .•. tJCxa ,°7.,_ i „f.. "pie r an _.c,.`` ra c2.,. u.`;'a Jc.:i;'1rs _.. n l 2161 an , s E= ., d.. .... i.t .., d).... hu W / 1 T tlo t.I l., i:f oL. ur4 d or 111Vn. ... f,t ... i vn , c i n >...o t,. - : r ;..icn. � u t. "'°.. ..."+_..i' k ,.W.,,...,;_ ON .l retained aired David yn , _. t Way n, _ _,.t ��.Jo i no CAL on . t `..., .z..,.,,. us a. nag .,w of Piz za P alace, C.:a.t s1co =_ Drew hV0 No. i v0 ,.,., hDAWLIn , .AWL, he_, Una 4t background ..'Y'oU,:a_'t.d inve;etigatio n it lk licanoo an wwil as t ..]`._i..or,_S license for „im+i..ae.i7w.2_dt _✓C v ic in e course uf this investigation MONTEna found nothing which would preslu asy of Vasa C .,: ru,i! obt aining such .,`..".. c .. ,? ;e:.s. inves tigator MONTEW rcWco the roador of „ t t aew. t� r�.J 1,. � �.) l..d �',,. resum +"71.1 .:t:: G: �.. i,...;' ^- .�,. %��'. �. «� the case ��Z.. u.J :_�.�., l: 3 L a • <1C,t.:a�.�t_t,,:`�J +.(? the e y�.t.::.a,..�.:.�o.i2 there x'111l he ;'_:G.e ea..`.C.�..o ^Til =�.:X .:.a:r.'� +1GC�• . a.�o.t�: "`'�' L, '� l ong, .t '- :;.:'Ii.t __ r and his > .� "ai.,,,.�a3:1 1.C}i'a±.'�{ at ...:i}1 Drew s=. v�'. ivy. �'Y�if.;s'. _,c�.G�.l.,:' /•� - w ,} ... J.i..a..,._ by the Lenz � S.....1. Co., in l. ..i } _,Ya....s ' o s as <.. afs Machines da , ,1�.,.0 l u "ve _..� i 1� t.0 il. iT Vc . ...:i . r NO E s r that - - ._ .. ='J . r _s1 ..ai1 i _ ) 1 . � : � .�;> :i...z �"�Jc:�, License 2 U1 ;, _, t Y Z. L C �.. -,. Ci of Brookl Center. AtLachod to Z OO a1p licuVon was a ca y� :e:_e __ in surance, indicating that tt Frank �. _ t t 'y 'S p l.Le W53,,._Hai . off - Casu alt y o. t h �..)u `. h , B. i"a: 11 and Co. of ,'.'13_nnenota, tigL,i;.:, ; is r } ,m_,_,. _.._.n::, v__ti,.. C:ut'.'.':cxgc,„ i:t Acyal A.cha°:2:i inc, C.at>.i;cj business as t '3 - ,- x j t.: c.. ,. .b...� c..'� i i..1 . t: t.` �) 1.i'. >l ' ."1%�% is �:%'1. %. s October 3a t lv.:! an Wow .,l .< a ca „:li:L'1..L:ii.:aion provision w'.:LC}a indicates that i 0 days prior to nc i_le1 i;:a.t: n the City of Brwokic n Centar will ba notified of any Ca` cel a. t.ic';:- of this jolicy. a.�,+.�..-.;.IL � i,t wh w � rYr In vest ig ator .;�_._...r . a ",i..i.tt;t v'�.�1_ p iTt'7�7:`7 Ho ward ROBINSO i.'.�t:Yv� .r_� C _ >i, , i 1_ .. i'",t..i.,... 'i3e, inc., r t<.. a..aU :Jl.sinoss as Pizza Palace, from 7"t:?C(`"..iving t ht. 1, C, a3t",U1: i s M lra_.,.W c..,:',a'. iC i h ot. R Licenses to be a. roved b the City Council on November _21 1983 PP Y Y AIlSF, 77 DI1'ICF - OPERATOR Pizza Palace _ 5001 Drew Ave. N. Ok Qflt CM7f of Police AT"USEf T DEVICE - VFTIDOR (� Tort ern Coin- acFiine 1481 T Ave. .1 -' l `� Cpl. Ch f of-Police CHRIS, , !AS TREE SALES LOT Twin Cities Youth for Christ 5701 Xerxes Ave. N. 1 �, l y er FOOD ESTABLISNf`.UaTT LICENSE Canteen Corp. of MN 6300 Penn Ave. S. 1'edtronics 6860 Shingle Cr. Pkwy. unitarian ITIlTEWTT FOOD ESTA.BLISHIMTT LICENSE B.C. Youth Football 6400 Brooklyn Blvd. �� : C • %g�..M Yan T E arian MECHANICAL SYSTEMS LICENSE Fetal Lloyd '-s Sheet Fetal 6659 Vicksburg In le Grove Heating & Air Cond. 240 Central Ave. BuildinUrficial. NONINTOXICATING LIQUOR LICENSE Pizza Palace 5001 Drew Ave. N. _ 11Yt bf Police NONPERISHABLE VENDING MACHII`1E LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Mentor Corp. 0 Free Blvd. T.ento r 0 7 P �Y ani arian RENTAL DWELLII\TG LICENSE Initial: Anna May Turnacliff 6507 Ewing Ave. N. Karen Duenow 6824 Ewing Ave. N. Norbert & Dolores Volbert 4207 Lakeside Ave. #122 Patrick & Susan Mooney 4735 Lakeview Ave. N. Alec & Barbara Parkin 7200 Perry Court E. Tim & Teresa Uzzell 5104 E. Twin Lk. Blvd. William Pucel 6908 -12 Unity AVe..N. 0 To T. W. Thorbus 4300 63rd Ave. N. e Hamm 4010 65th Ave. N. Renewal: eter & Lillian Ulmaniec 5906 Colfax Ave. N. rald D. Abraham 5125 Ewing Ave. N. Clifford Lane & Dorothy. Ernst 6927 June Ave. N. J. G. Strand 5329 Penn Ave. N. Carin lee Rudolph 5318 Queen Ave. N. Gene & Anna Gullord 5337, 39 Queen Ave. N. Har old & Howard Swanson 7240 W. River Road William Kirby 5006 Zenith Ave. N. Thomas & Bill Howe 3112 49th Ave. N. David Larson 1313 57th Ave. N. J. J. Barnett 2910, 14, 18, 22 68th In. Janice Van DenBerg 4406 71st Ave. N. hector of Planning and Inspection SIGN HANGERS LICENSE Macey Sign Co. 4111 Central Ave. .c'LJ �di f icial GENERAL APPROVAL: Ln er, City Clerk r - ME140RANDUM TO: Gerald G. Splinter, City Manager FRO14: Ronald A. Warren, Director of Planning and Inspecti n tom( DATE: November 17, 1983 SUBJECT: Rental Dwelling License for 4010 65th Avenue North Among the list of licenses recommended for City Council approval on November 21, 1983 is a rental dwelling license for Joe Hamm to operate a three -unit apartment complex at 4010 65th Avenue North. Although the rental license application submitted for this complex was for a three unit building, concerns were brought to my attention by the Building Inspectors that an intended recreation room was easily convertible to an efficiency or fourth dwelling unit and that this could be done without the knowledge of the City. This was due to some subtle, but allowable, changes to the rec room and storage, laundry and utility room located on the lower level. Also, one inspector had been told by a tenant that there were plans to rent the recreation room out in the future. I felt it was important to seek clarification and confirmation from the owner that under the existing circumstances such a conversion would not be allowed. Thus, a certified letter was sent to Mr. Hamm on October 19, 1983 explaining the situation and requesting written confirmation that he understands that a three unit dwelling is the maximum permitted by City Ordinances under current circumstances (copy at tached). Mr. Hamm took exception to the letter and we discussed the matter in a phone con versation on October 24, 1983. During that phone conversation, Mr. Hamm stated t o me that h���nrlerstood three dwelling units 4vas ��g��e maximum allowed, but that he fc�know whether e wou d res on in wry O ttacie a N copy 0 an c o er "�'S83'memo to e i e regar conversation. To date the compliance orders and site improvements have been accomplished and the rental dwelling license is recommended for approval. Although written confirmation has not been submitted, I feel the verbal acknowl on October 2 is sufficient. Mr. Hammistell a� a'r6 - e concerns and has been advised of ie c6 of using the recreation room as a fourth dwelling unit or in a manner inconsistent with City Ordinances. Please forward this memo and the attachments to the City Council so they.are aware of the situation when they consider this license request. ml g MEMORANDUM TO: File FROM: Ronald A. Warren, Director of Planning and Inspection ' DATE: October 24, 1983 SUBJECT: 4010 65th Avenue North I had a telephone conversation today with Joe Hamm who was upset at receiving my October 19, 1983 letter to him regarding the apartment complex at 4010 65th Avenue North. He said he "doesn't have to take that kind of abuse" and he wasn't sure if he would respond to the letter as requested. I responded that I didn't see anything abusive about the letter, nor'was the letter intended to be abusive. Rather, the letter was sent for the purpose of clarifying any possible confusion that might exist regarding the maximum number of units allowed at that apartment complex and to also request that he acknowledge this fact in writing. I explained to him that there had been changes to the building which make the rec room easily convertible into a dwelling unit and that one might believe that the unit is intended to be used as a dwelling unit. I also explained that one of the inspectors had been told by a tenant that there were plans to rent the rec room out in the future. Although this was only "hearsay I felt it was necessary to send the letter and request the written acknowledgement so ,there would be no confusion regarding the number of units that could be rented or what would have to be done to allow a fourth unit. Hamm stated that he was aware of three unit limit and noted that the rec room would not be a desirable rental unit. He also stated that he thought he might use the rec room for his business, perhaps to have meetings with his salesmen. I informed him that to use the rec room for his business was also not permitted by the Zoning Ordinance and should not be contemplated. I asked Hamm if he intended to comply with the request for a written confirmation. He said he did not know, that he would contact his lawyer and again, that he does not have to take this abuse. We also discussed briefly the compliance order from the Building Inspector and the status report of site improvements that were also included with the October 19 letter. I explained that the requirement for screening the parking lot was a con- dition of site plan approval and must be complied with.. He mistakenly thought he had to plant trees 3' apart to screen the lot. 'I told him that honeysuckle is a shrub, not a tree, and to plant them more than 3' apart would not provide the parking lot screening required. I also told him that he could plant 8 junipers at various locations rather than the small alpine currants, the compact pfitzers and techny arborvitae listed on the plan. The number of trees rather the specie was what we were concerned about. Finally, I advised Hamm to contact Andy Alberti, Building Inspector, about questions he had about parking lot and sidewalk illumination that were listed on the com- pliance order. cc: Rental License File File No. 82044 x ti CITY OF 6301 SHINGLE CREEK PARKWAY Cy `�' `� Y r 7 L Y BROOKLYN CENTER, MINNESOTA 55430 . TELEPHONE 561- 5440 ENTAER EMERGENCY— POLICE -FIRE October 19, 1983 Mr. Joe Hamm 7408 Florida Avenue North Brooklyn Park, MN 55428 Re: Apartment Complex at 4010 65th Avenue North Dear Mr. Hamm: As you no doubt are aware, the City Council on November 22, 1982 approved Planning Commission Application No. 82044 which was your request for site and building ,p approval of a three uni apartment complex at 4010 65th A v e nue North. A subdivision OT l a ffu under Planning Commission pp ica o. 5 was given prelimi- ,, nary approval by the City Council on the same date. That subdivision created a lot (4010 65th Avenue North) approximately 11,400 sq. ft. in area and subsequently was given final approval by the City Council and filed with the County. You had been informed at that time, and you were very much aware, that the lard area realized with that subdivision would allow three residential dwelling units on the property based on the density requirements of the City's Zoning Ordinance. Thus your proposal, and the plans that were approved by the City Council, called for three two- bedroom units, two units on the upper level and one unit on the lower level. _A recreation room and storage, laundry and utility room all with a common entrance from the hallway was also to be located on the lower level. On January 17, 1983 the Building Official issued Building Permit No. 20455 for the purpose of constructing the three unit apartment complex. The floor plan was changed somewhat at that time to separate the recreation room from the storage, laundry and utility room area each then having separate access from the hallway. The Building Inspector, following his inspection of the property for a rental dwelling license, has brought to my attention his concern that various subtle changes have been made to the floor plan which make the recreation room readily con - vertible into an efficiency or fourth dwelling unit. The utility, storage and laundry area have beer, made substantially smaller while the remaining area has been made to adjoin with the recreation room. These changes and the fact that this area now has access to an installed bathroom facility and the unit is capable of being locked from the inside leads one to believe that this area has been arranged, Os esigned and is intended for dr purposes. The only things lacking are a stove and refrigerator. • ,,,�fe SaK�rlc�uj 7jt ogre �,t�„ Mr. Joe Hamm Page 2 October 19, 1983 *s part of the ro of rental licensin I feel it is necessar to a ain clarif process g, Y 9 Y the following points so that no confusion will exist now or in the future: 1. The City Council has approved a three unit apartment complex at 4010' 65th Avenue North containing three 2 bedroom dwelling units, a recreation room and a utility, laundry and storage area. 2. The property at 4010 65th Avenue North contains enough land area to accommodate no more than three dwelling units under the density re- quirements of the Zoning Ordinance. 3. The amount of on -site parking provided for this b u i l d i n g , is the minimum required for a three unit dwelling. 4. That under the present circumstances the recreation room shall not be used as a dvielling.unit or rooming unit either permanently or temporarily and must remain as a recreation room for use by the tenants. 5. Any attempt to utilize the recreation room as a dwelling unit or rooming unit, or in a manner not consistent with City Ordinances, will be responded to with a citation for a violation of City Ordinances and prosecuted by the City Attorney. 6. Also, any violation along the lines mentioned above could result in the revocation of the rental. dwelling license that must be granted to operate this rental dwelling. If you desire to convert the recreation room space into a dwelling unit you will need to attach to this property, through platting or registered land survey, ap- proximately 3,000 sq. ft. of additional land, provide two additional on -site parking spaces and meet applicable code requirements for a dwelling unit. Such conversion will require Planning Commission review and City Council approval prior to this conversion being accomplished. (the feel it is imperative, to process further your rental license application, that u submit to the City a written acknowledgement confirming your understanding of above and that three dwelling units is the maximum authorized under the City dinances at this time. Upon receipt of this acknowledgement your license will be rwarded to the City Council for their consideration. closed are compliance orders from the Building Inspector relating to 'certain matters that need correcting and also a status report relating to uncompleted site improvements for which the City is holding a $5,000 performance bond. These matters should be addressed in accordance with the compliance dates indicated. Mr. Joe , Hamm Page 3 October 19, 1983 If you have questions or comments, or care to discuss this matter further, please contact me. S rely, Ronald A. Warren Director of Planning and Inspection RAW:ml9 cc: Gerald G. Splinter, City Manager Patti Page, Licensing Clerk Rental Dwelling License File Planning Commission Application File No. 82044 Enclosures CITY 01 f3f;0 {)K.LYN CEN1Cft, flf! 55430- 2199 Department of 1 and Inspection (612) 561• -5A140 HOUSING MAINTENANCE COfIPL I ANCE O RDER DO Octob 19, 1983 COMPLIANCE DATE: November 3, 1983 TO: Joe Hamm 7408 Florida Avenue North Brooklyn Park, MN 55428 LOCATION: 4010 65th Avenue North COMPLIA14CE OFFICIAL: An J. Alber The folloaring violations of the Housing _Ma intena n ce a O ccup ancy O were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the C01"IPLIANCE DATE indicated. The premises will be reinspected. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12--1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. he Appeal must be submitted to the Inspection Department, in ti•rriting, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $25.00 in cash or cashier's check. FIRST NOTICE DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION 1. Provide exterior illumination of parking lot and sidewalk. 12 -315 2. Erect screening enclosure for rubbish dumpster. 35 -410 3. Provide automatic closer on front entrance door. 12 -703 4. Provide vacuum breaker on water supply for boiler. 12 -601 5. Provicd vacuum breaker on all outside sill cocks. 12 -401 6. Provide indoor security lighting of hallways, corridors to operate automatically for evening and daytime hours. 12- 504(5) P/I Form 11 -4 PLANNING A rco 1 [rV51 LU1 O ► ARi ` CITY OF BROOKLYN CENTER, MN 55430 STATUS OF .REQUIRED IMPROVEF1E�JTS NOTICE_ Joe Hamm, Hamm Realty 6301 Zane Avenue North Brooklyn Park, MIN 55429 Date: October 4, 1983 Site Location: 4010 -65th Ave. No. Amount of Performance Guarantee: $5 ,000.00 Application No. 82044 Approval Date: November 22, 1982 The City holds a Site Performance Agreement and Financial Guarantee for required improvements at the above site, which has been recently inspected as to compliance with approved plans, conditions of approval, and applicable ordinance requirements. The following improvements must be completed or corrected before release of the financial guarantee can be made Please notify this office, in writing when the work is finished so another inspection can be arranged. Please direct questions to this office. (612) 561 -5440. DESCRIPTION OF REMAINING IMPROVEMENTS OR CORRECTIONS: landsca p i n 9 landscaping : No landsca in has been installed behind the building. The plan calls for four(4) Small Alpine Currents, two (2) Compact Pfitzers and two (2) Techny Arborvitae. Also, a condition of plan approval was the installation of landscape screening along the east side of the parking lot. We recommend that that land - scape screening consist of honeysuckle shrubs planted three feet (3') apart along the east property line. Other Improvements Trash container must be screened by an opaque screening device. These improvements should be completed by November 22, 1983, the completion date for the project. If not completed by then, the plantings should be installed in the Spring. The bond for this project will be held until all plantings have survived one winter. Sincerely yours, 1 Gary Shallcross Planning Assistant cc: File #82044 I •P /I Form No. 31