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HomeMy WebLinkAbout1983 02-14 CCP Regular Session CITY COUNCIL AGENDA CITY OF' BROOKLYN CENTER February 1.4, 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 - January 24, 1983 - October 25, 1982 7. Council Presentations: a. Dawn Kiefer - Park & Recreation Commission b. Ember Reichgott Human Rights Commission *8. Mayor Appointments a. Park & Recreation Commission b. Traffic Safety Advisory Committee *9 Approval of Fire Department Relief Association Investment i -It is recommended a motion be made by the City Council approving the purchase of the following by the Fire Department Relief Association: $15,000 of Federal National Mortgage Association bonds with a yield of 9.5% and matures March 10, 1986. $15,000 of Federal Farm Credit Banks bonds with a yield of 10.95% and matures January 22, 1990. $45,000 of Household Finance bonds with a yield of 7.5% and matures in August, 1995. $85,000 of Western Pennsylvania Power Company bonds with a yield of 4.78% and matures in December, 1995. 10. Resolutions: s *a. Calling for a Public Hearing Regarding the Designation of a Housing Development Project Pursuant to Minnesota Statutes, Section 462,411 ET.SEQ., the Municipal Housing & Redevelopment Act and the Establishment of Tax Increment Financing District Pursuant to Minnesota Statutes Section 273.71 to 273.78 Inclusive, the Tax Increment Financing Act t x CITY COUNCIL AGENDA -2- February 14, 1983 *b. Accepting Bid and Approving Contract for Contract 1982 -Q (Water Supply Well No. 9 Improvement Project No. 1982 -30) -It is recommended that the low bid of ABE Construction Company, Inca in the amount of $358,600 be accooted. * c. Pertaining to Consideration of Bids for Pedestrian /Bicycle Bridge Improvement Project No. 1980 -06 1. Motion recommending to the Commissioner of MN /DOT that contract be awarded to the lowest responsible bidder. 2. Resolution Appropriating Funds for Payment of Local Share of Project 1980 -06 *d. Authorizing Purchase of Water Main Gate Valve in Conjunction with the Construction of 63rd Avenue Water Main Improvement Project No. 1983 -02 -This resolution provides for the "direct City" purchase of a 16 inch gate valve to avoid project delay resulting from an extended delivery date. *e. Amending the 1983 General Fund Budget to Provide for Changes in the Administration of the Special Assessment Program f. Authorizing Execution of Agreement for Professional Services with B.R.W., Inc. for Development of a Redevelopment Land Use Plan for the Southwest Neighborhood g. Establishing Employee Incentive Retirement Program *h Amending 1983 General Fund Budget to Provide for Wage and Salary Adjustments -This item reflects the 1983 salary adjustments and appropriates funds to the various City departments. *i. Authorizing Participation in Modification of Joint Powers Agreement of the Minnesota Police Recruitment System *j. Authorizing Execution of an Agreement Between the City of Brooklyn Center and Suburban Community Services *k. Encouraging the Appointment of Roger Scherer to the Metropolitan Council 11. Public Hearings (8:00 p.m.) a. Public Hearing on Tax Exempt Mortgage Bond for Brutger Co., Inc b. Public Hearing on an Industrial Development Revenue Bond for Byerly's -It is recommended the Council call the public hearing to order and adjourn the public hearing until the first meeting in March. 12. Planning Commission Items (8:30 p.m.) a. Planning Commission Application No. 83002 submitted by Gary Uhde (Marcon, Inc.) for a variance from Section 34- 140.21 (2) to allow continuance for two years of free - standing real estate sign for the Island Ponds Townhouse Project at 69th Avenue North and Unity Avenue North. This application was tabled by the Planning Commission on January 13, 1983 at the applicant's request and was recommended for approval at the January 27, 1983 Planning Commission meeting. CITY COUNCIL AGENDA -3- February 14, 1983 13. Discussion Items a. Review of 1983 Construction Program -Staff will be prepared to offer a brief summary of the proposed 1983 construction grogram. b. Redevelopment of the area between 68th and 69th Avenues North from West River Road to Aldrich Avenue North Staff will be prepared to report on a neighborhood informational meeting held on February 10 regarding this matter. *14. Licenses 15. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION JANUARY 24, 1983 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Fire Chief Ron Boman, and Administrative Assistant Tom Bublitz INVOCATION The invocation was offered by Mr. Jim Schaude, Assistant Youth Director of the Brooklyn Center Baptist Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this e-ening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any of the Council members desired any items removed from the Consent Agenda. Councilmember Hawes requested item 8g removed from the Consent Agenda and Councilmember Lhotka requested 8f removed from the Consent Agenda. APPROVAL OF MINUTES - JANUARY 10, 1983 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of January 10, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PERFORMANCE BOND REDUCTION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reduce the performance guarantee for Osseo /Brooklyn bus garage, 4455 68th Avenue North from $50,000 to $20,000. Voting in favor: Mayor Nyquist, Council- . members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 83 -15 Member Gene Lhotka introduced the following resolution and moved its adoption: 1 -24 -83 -1- RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982-C (DISEASED SHADE. l TREE REMOVAL PROJECT NO. 1982 -04) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -16 i . Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING DISEASED SHADE TREE REMOVAL PROJECT NO. 1983 -01, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1983 -A) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -17 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EMBER REICHGOTT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Thei,; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: AMUSEMENT - OPERATOR'S LICENSE Earle Brown Bowl 6440 James Circle Meriwethers 2101 Freeway Blvd. CATERING FOOD VEHICLE LICENSE Green Mill Restaurant 5540 Brooklyn Blvd. CIGARETTE LICENSE Major Vending 7440 Major Ave. N. Sinclair Station 6601 Lyndale 'Ave. COMMERCIAL KENNEL LICENSE Northbrook Animal Hospital 413 66th Ave. N. 1 -24 -83 -2- GAMBLIN CLASS A Orchard Lane School PTA 3907 63rd Ave. N. GASOLINE SERVICE STATION LICENSE Green Meadows 3319 49th Ave. N. Osseo- Brooklyn Bus Company 4435 68th Ave. N. Bill West Service Center 2000 57th Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Major Vending 7440 Major Ave. N. Midas Muffler 1206 Brookdale Center Ralph's Super Service 6601 Lyndale Ave. N. Sun Land Solar 5740 Brooklyn Blvd. RENTAL DWELLING LICENSE Initial: Randy A. Elam 4200 Lakebreeze Ave. N. Richard Kleven 1500 71st Ave. N. TAXICAB LICENSE Town Taxi Corporation 7440 Oxford Street Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. RESOLUTIONS (CONTINUED RESOLUTION NO. 83 -18 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR MUNICIPAL SERVICE GARAGE SITE IMPROVEMENT PROJECT NO. 1982 -28, PHASE II (STRUCTURAL IMPROVEMENTS TO MUNICIPAL GARAGE AND CONSTRUCTION OF UNHEATED STORAGE BUILDING AND PERIMETER FENCING) AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1983 -B) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Receiving City Engineer's Report, Establishing 63rd Avenue North Water Main Im rovem t - 02 and Ordering p en Pro ect No. 1983 Improvement and Preparation of Plans and Spe j cifications. He explained the project provides for the completion of the final segment of transmission water main between T.H. 152 and Shingle Creek Parway, and consists of installation of 16" main between T.H. 152 and Beard Avenue North. He added it is recommended the City Council proceed with this project prior to the MN /DOT 1 -24 -83 -3- cold milling /bituminous overlay project on Brooklyn Boulevard. . The Director of Public Works reviewed the project location and the preliminary cost estimates for the project. He explained the main construction in 63rd Avenue will be restricted to an area within the street, north of its center line and as a result, the north half of the street will be reconstructed to a cross section identical to the existing structure. He pointed out that in order to conceal the evidence of street reconstruction, a thin bituminous overlay of 63rd Avenue between T.H. 152 and Beard Avenue is proposed. He reviewed the two options proposed by the City staff for the project and noted that option No. l provides main installation in 63rd Avenue between Beard Avenue and T.H. 152 and option No_ 2 provides main installation in 63rd Avenue west from Beard Avenue to the City's west fire station, then south along the station's east side yard driveway and west to T.H. 152, passing between the fire station and the City's well No. 2. In response to a question from Councilmember Hawes, the Director of Public Works discussed the traffic rerouting necessary for the project construction. The City Council continued its discussion of the project including a discussion of the hydraulics of the project. RESOLUTION NO. 83 -19 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING 63RD AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1983 -02, AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of tb e foregoing resolution was duly seconded by is member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Geometric Changes at the Intersection of Brooklyn Boulevard and 56th Avenue North. He explained that consideration of the resolution was tabled at the January 10, 1983 City Council meeting to allow review and discussion by the Economic Development Committee of the Brooklyn Center Chamber of Commerce. The Director of Public Works reviewed the approaches to the existing intersection and reviewed past instances of improper turns made at the intersection, including north bound Brooklyn Boulevard traffic making a left turn onto the slip ramp and west bound traffic on 56th Avenue North proceeding straight across Brooklyn Boulevard to the service road on the east side of Brooklyn Boulevard. He added that there have also been incidents of cars from the service road going the wrong way on the slip ramp to cross or get onto Brooklyn Boulevard. The Director of Public Works reviewed proposals for changing the geometric of the intersection. He noted that the Chamber Committee objected to the ,original staff proposal but that the Committee supported the overlay project on Brooklyn 1 -24 -83 -4- Boulevard. He again emphasized that the Chamber.of Commerce Committee was = opposed to the staff proposal for the change in geometries at the intersection. He explained the Chamber Committee recommended that the slip ramp be closed and that if additional improvements are needed at the intersection, they recommended the installation of a traffic signal instead of geometric changes. The Director of Public Works reviewed traffic counts obtained at the intersection on January 24, 1983. He explained the counts were obtained by City staff and that the time of day of the counts was between 3 :00 p.m. and 5:00 p.m. He pointed out that after the staff reviewed the recommendations from the Chamber of Commerce the alternate resolution, which is before the Council this evening, was drafted. Mayor Nyquist suggested closing off all traffic from 56th across Brooklyn Boulevard. The City Manager explained the staff's original proposal had been prepared because of the through movement across the intersection. The City Manager reviewed the past recommendation for making the existing private road, east of Brooklyn Boulevard, a public roadway. He explained that objections were received from businesses in the area but that he believed the recommendation to make the road a public roadway was a sound recommendation. He added that, by making the existing private road a public roadway it would have added to improve the circulation of traffic in the area. Councilmember Hawes discussed the intersection and stated that he believed it should be closed for traffic coming off of 56th Avenue and desiring to go south on Brooklyn Boulevard. The Director of Public Works explained the south bound alternatives for this traffic would be 55th Avenue or south to the T.H. 100 exit ramp. Councilmember Hawes also recommended that the left turn lane for traffic proceeding south on Brooklyn Boulevard and desiring to turn onto 56th Avenue be extended. Mayor Nyquist inquired as to the time schedule for the project and whether the Traffic Safety Committee could review the project. The Director of Public Works stated that MN /DOT has requested an immediate answer since they plan to send out the bids for the project in April of this year. Councilmember Hawes commented that he believes the proposal for changes in the geometries of ,the intersection would not reduce the traffic into the Brockdale area but could actually improve it. The Director of Public Works agreed with Councilmember Hawes and added that the City Manager has also indicated this. Councilmember Scott stated that she believes left turn onto Brooklyn Boulevard from 56th Avenue is a bad situation and should be eliminated. Councilmember Theis added that he would like to eliminate the left turn onto Brooklyn Boulevard from 56th Avenue North, and pointed out that he believes it is a hazardous traffic situation. Mayor Nyquist recognized Mr. Bill Pieper, President of First Brookdale State Bank. Mr. Pieper presented the Council with a resolution regarding the 56th Avenue and Brooklyn Boulevard intersection and explained that it was presented to the Chamber Board from the Chamber Economic Development Committee. on behalf 1 -24 -83 -5- of the First Brookdale State Bank, Mr. Pieper stated that he was opposed to the ]eft turn onto Brooklyn Boulevard being eliminated. He added that he believes the bank has eliminated much of the traffic in the area by eliminating its auto bank location. He added that 30% to one-third of the bank's customers prefer to go south on Brooklyn Boulevard and that he also believes the merge lane from 56th going north on Brooklyn Boulevard is not long enough now and adding more cars would do no service. Councilmember Scott and Hawes both indicated that they bank at First Brookdale State Bank and when desiring to travel south on Brooklyn Boulevard from the bank they do not use the 56th Avenue route. Councilmember Lhotka stated he would like to combine the resolutions of the staff and Chamber and see that the slip ramp is closed off. There was a motion by Councilmember Lhotka to accept the staff proposal for geometric changes at the intersection of Brooklyn Boulevard and 56th Avenue North, and to also include the recommendation of the Chamber Economic Development Committee to close the slip ramp at 56th Avenue and extend the left turn lane on south bound Brooklyn Boulevard at 56th Avenue. In discussion of the motion, Councilmember Theis inquired whether the Council could take more time to consider the changes and allow the Traffic Safety Committee to review the proposals, given the fact that MN /DOT would be aware of the alternatives. The Director of Public Works stated that the only way this could be done would be to change the MN /DOT contract with a change order and that it might be doubtful as to whether or not MN /DOT would accept this after the contract is let. Councilmember Hawes stated that if it would be a matter of cost borne by the City, he would accept the cost of the increased stacking lane on Brooklyn Boulevard at 56th. Councilmember Hawes seconded the motion on the floor and upon vote being taken ther::on, the-followin voted in favor thereof: Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 83 -20 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING GEOMETRIC CHANGES AT INTERSECTION OF BROOKLYN BOULEVARD (T.H. 152) AND 56TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bid and Awarding Contract, for a Four Wheel Drive Sidewalk Plow. He explained the bid received from Minnesota Toro was for a piece of equipment about one -third the size required in the specifications and only had a 20 h.p. engine. He explained the piece of equip - ment was similar to a riding lawnmower and that when the machine was demonstrated, the snow banks proved too large for the machine. RESOLUTION NO. 83 -21 Member Bill Hawes introduced the following resolution and moved its adoption: 1 -24 -83 -6- RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE PURCHASE OF FOUR WHEEL DRIVE SIDEWALK PLOW The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing Joint and Cooperative Agreement for Use of Fire Personnel and Equipment -North Suburban Regional Mutual Aid Association. Councilmember Hawes commented that on page 4, subdivision 7 of the agreement, it appears that if the City's fire department is on a fire in another City, the other City's Chief appears to be in charge. Fire Chief Ron Boman explained that the Chief in charge of the City usually delegates authority for various sections of the fire to a member of a group from another City. Councilmember Hawes then , inquired if the other City's Chief ordered Brooklyn Center's forces and equipment into specific areas of a fire, would the City of Brooklyn Center be liable for any damages. Fire Chief Boman stated that he would defer this question to the City Attorney but pointed out that each City is asked to carry an adequate amount of liability insurance. Councilmember Hawes inquired whether the City could refuse to go into an area of the fire if ordered to do so by the Chief of the other City. The Fire Chief commented that the officer in charge can refuse to place equipment and personnel if he believes it will endanger someone. RESOLUTIO N O. 83 -22 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT - NORTH SUBURBAN REGIONAL MUTUAL AID ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Employee Retirement Incentive Program. The City Manager explained that in light of current and continuing budget cutbacks, the Council had instructed the staff to pursue a means to reduce the City staff through attrition. He added that he believes the plan presented to the Council will be cost effective for the City. Councilmember Lhotka requested an example of the maximum benefit under the plan. The City Manager explained the reason for the maximum benefit is that the formula for calculating the dollar amount is the number of months until an .employee or an employee's spouse reaches age 65 times $125. Councilmember Lhotka requested the City Attorney to comment on the proposed retirement program. The City Attorney commented that Ms. Dayle Nolan has been 1 -24 -83 -7- working with the City Manager on the development of the program. He inquired whether the $15,000 would be paid on the day the employee retires or in a series of payments. The City Manager explained the amount would be paid in a lump sum. The City Attorney commented that perhaps the actuarial equivalent of the amount could be paid to the employee in installments at less cost to the City. The City Manager explained that in order to maintain the attractiveness of the incentive retirement program, the lump sum payment may be advisable. He noted that health care costs are increasing and that the $15,000 could be invested to off -set the increasing cost. He added that the method of payment to the employee must be weighed against the cost to the City. Councilmember Hawes inquired whether the resignation could be rescinded once it is submitted. The City Manager explained that the resignation would be final but the employee could appeal to the City Council. He explained that for planning purposes the finality of the resignation, when submitted, is advisable. Councilmember Theis expressed a concern that 2� years may be too long a time for the employee to plan his or her retirement, and that he is not totally comfortable with the five months open window period to select the plan. The City Manager explained that Ms. Dayle Nolan, of the City's Attorney Office, stated that the program must be offered over an extended period so that the money could not be considered a gift or gratuity but rather as a benefit. He added that the purpose of the six month period is to give time to the employee to seriously think about retirement. The City Manager explained that by extending the time period out 2' years, more persons could be included in the program and it would allow a better planning process for future budgeting. He added that he has found some employees may considering retirement, but at the present time are hesitating to do so because of the cost of health insurance. Councilmember Lhotka stated that ne is in favor of such a P lan but would like to consider it further and allow more time for review. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table consideration of a Resolution Establishing Employee Retirement Incentive Progam until the February 14, 1983 City Council meeting. 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 8 :45 p.m. and reconvened at 9 :01 P.M. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SETBACKS FOR EXISTING ONE OR TWO FAMILY DWELLINGS The City Manager explained the ordinance is offered for a first reading this evening and it is recommended a public hearing on the ordinance be scheduled for February 28, 1983 at 8:00 p.m. The Director of Planning & Inspection reviewed the application for garage expansion which precipitated the ordinance amendment. He explained the application under existing zoning would require a variance. He explained the Planning Commission recommended the zoning ordinance be amended to allow existing conditions to be 1 -24 -83 _8_ handled by a permit, such as an existing nonconforming setback in a situation where an individual would like to extend a building along the existing noncon- forming setback. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Setbacks for Existing One or Two Family Dwellings. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced An Ordinance Amending Chapter 8 of the City Ordinances Regarding Food Establishments. He explained the ordinance would provide the quality assurance plan option for food handlers choosing to develop such a plan. He pointed out the City Council referred the ordinance amendment to the Chamber of Commerce for review on October 25, 1982 and since that time the Chamber has issued a resolution of support for the ordinance. He added that the ordinance is offered for a first reading this evening and it is recommended a public hearing on the ordinance be scheduled for February 28, 1983 at 8 :00 p.m. Councilmember Lhotka inquired what the ordinance would do for the City. The City Manager explained it would develop an incentive program for food handlers to prevent food borne illnesses and would require less inspection time at the locations adopting such a plan. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 8 of the City Ordinances. Regarding Food Establishments and to set a public hearing on the ordinance amend - ment for the 28th day of February, 1983 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. 'Voting against: none. The motion passed unanimously. The City Manager introduced An Ordinance Amending Chapter 23 of the City Ordinances Regarding License Fees for Food Establishments. He explained the ordinance amendment would establish the fee schedule for food establishments with and without an approved quality assurance plan,and that it would also change the renewal date of licenses from February 15 to March 31 to allow time for those food handlers who wish to develop a quality assurance plan. He added the ordinance is offered for a first reading this evening and it is recommended a public hearing on the ordinance be scheduled for February 28, 1983 at 8:00 p.m. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve g for first reading An Ordinance Amending Chapter 23 of the City Ordinances Regarding License Fees for Food Establishments and to set the public hearing on the ordinance amendment for the 28th day of February, 1983 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS VOLUNTEER FO MINNESOTA: PU BLIC /PRIVATE P ARTNERSHIP The City Manager stated that the Northwest Hennepin Human Services Council and Volunteers in Action of the Community Education Department of School District #281 in conjunction with the Minnesota Office of Volunteer Services will be holding 1 -24 -83 -9- a one day training session to address the issue of volunteerism and development of public /private partnerships.. He indicated the training session would be similar to that which has been conducted by the Chamber of Commerce and the Minnesota Office of Volunteer Services in Brooklyn Center. GAMBLING LICENSE FOR ORCHARD LANE SCHOOL PTA There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve a class A gambling license for Orchard Lane School PTA. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Hawes inquired whether the City would be liable if a person associated with a gambling license absconded with the funds. The City Attorney asked Council - member Hawes to repeat his question. Councilmember Theis commented that you have to wake the City Attorney up before you ask him a question. The City Attorney commented that he does not think the waiver would affect the City's liability in any way but without further information he could not specifically determine this. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the waiver of the $10,000 fidelity bond for the Orchard Lane School PTA. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSES - TAXICAB LICENSE FOR TOWN TAXI There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the taxicab license for Town Taxi, Inc. for 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes 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 9:19 P.M. Clerk Mayor 1 -24 -83 -10- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 25, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Scott was ill and would not be attending the meeting. INVOCATION The invocation was offered by Pastor Arends of the Brook Park Baptist Church. OPEN FORUM Mayor Nyquist stated he had received several requests to use the Open Forum session this evening. Mayor Nyquist read the following list of names and addresses of individuals who wish to address the Council at the Open Forum session on the topic of the Police Department reorganization: Tom Saba, 3219 Thurber Road; Greg Weeks and Ray Beach, Sergeants in the Brooklyn Center Police Department; Kenneth H. Miller, 10800 Lyndale Avenue South; Dale Barsness, 6719 Aldrich Avenue North; Mary Stebbins and Jim Stebbins, 5842 Washburn Avenue North; Ed Commers, 6206 Kyle Avenue North; and Robert Becker, 6933 Fremont. Mayor Nyquist recognized Mr. Dale Barsness who stated that he would like to address the issue of the proposed reduction in rank of the sergeants. Mr. Barsness stated that he is disappointed with this proposal and that he is concerned for the morale of the department. He added that there would be no chance for advancement in the police department if this reorganization is undertaken and also expressed a concern for civil liability because of this action. The next speaker at the Open Forum was Sgt. Ray Beach who stated he was at the meeting to ask the Council to reconsider the reorganization. He added that the sergeants will work hard to retain their rank and that they believe their actions have the support of the citizens of Brooklyn Center. Mayor Nyquist next recognized Mr. Kenneth Miller who stated that he was at the meeting on behalf of Law Enforcement Labor Services, and he expressed a concern about the reorganization. He stated he believes the salary issue will go to arbitration and indicated that he believes the duties of the corporals and sergeants are almost identical. 10 -25 -82 -1- Mayor Nyquist next recognized Mr. Tom Saba who stated that he has been a Brooklyn Center resident for 16 years and has been happy with the City services during that time. He stated he is satisfied with the police, fire, and park services provided by the City, and that he is extremely happy with the snow plowing. He added that he has worked as a police officer for 16 years and stated that any organization needs proper supervision to direct, command, and supervise. He explained that supervisors are called on to respond to citizens questions on citations and other issues, to supervise shift changes and to check the work of subordinates. He added that this supervision must be conducted 24 hours a day. He pointed out that the City of Plymouth's reorganization of the police department, sergeants moved up to command position. He explained it is difficult to function as a supervisor when you are one of the men. He indicated the nature of the job separates the supervisor from the men to give the super- visor the authority to function. He pointed out he believes that when the supervisor becomes one of the men, it becomes difficult to supervise. Mayor Nyquist next recognized Ms. Mary Stebbins who stated that the issue before the Council this evening was the first issue that she felt was important enough for her to come to a City Council meeting. She stated she does not believe any money will be saved by the reorganization., and that morale will be harmed. She added that she believes there would be no incentive for young police officers to join the department if the reorganization were undertaken, and on behalf of the residents of Brooklyn Center she asked the City Council to reconsider the reorganization. Mayor Nyquist then recognized Sgt. Greg Weeks who addressed the Council and asked them to reconsider the reorganization. He stated he believes the seniority issue and pay differential issue will end up in court. He added that, on October 13 of this year, at a meeting with the City, no interest was shown by the ser- geants or patrol officers in applying for the corporal positions. He pointed out that at an October 1 -5, 1982 meeting he was told that, if Officer Dahlberg did not choose to retire in the next year, one police officer would be laid off in 1984. Sgt. Weeks stated that the Chief of Police is able to surround himself with high paid administrative staff, and suggested that the duties of the administrative assistant in the police department be given to the two police captains. He added that he believes the reorganization has hurt the morale of the department and that it will take a long time to heal. Mayor Nyquist inquired if there was anyone else present who wished to address the Council at the Open Forum session. Mayor Nyquist recognized Mr. Thomas O'Hehir, former Chief of Police of the City of Brooklyn Center, who stated that the reorganization would take the sergeants down to the rank of corporal and add captains, and as a tax payer he believes it does not add up. He stated he believes the City should keep the men they have. Mayor Nyquist -recognized'Mr. Larry Goga who addressed the Council and stated that he believes the reorganization decision is incorrect and that other alternatives should be looked at. He added that the trust has been lost in promotions. Mayor Nyquist recognized the next speaker, who identified himself as Mr. Robert Becker, and stated that he believes the City should leave the sergeants as they are, get more patrol on the street and get rid of the administrative assistants. 10-25-82 -2- The next speaker recognized was Mr. Jim Stebbins who stated he endorses his wife's comments 100 %, and added that he believes morale in a police department is very important, and that if the sergeants are demoted and there were no promotional possibilities there would be no way of developing future supervisors. Mayor Nyquist recognized Mr. Ed Commers who stated he would like to add to the discussion that he believes the reorganization will demoralize the police depart- ment and all other City employees. Mayor Nyquist inquired if there was anyone else present who wished to address' the council at the Open Forum session. There being none, he proceeded with the regular agenda items. APPROVAL OF CONSENT AGENDA Mayor Nyquist inquired whether any of the Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested item 7c be removed from the Consent Agenda and Councilmember Lhotka requested item 12 be removed from the Consent Agenda. The City Manager requested the Council remove u Agenda because of a modification in the bid. item 7b from the Consent g RESOLUTIONS RESOLUTION NO. 82 -201 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE OUTSTANDING ACHIEVEMENT OF THE BROOKLYN CENTER TOWN TEAM 1982 CLASS A AMATEUR BASEBALL CHAMPIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the following list of licenses: MECHANICAL SYSTEM'S LICENSE Midland Heating 6442 Penn Avenue South NONPERISHABLE VENDING MACHINE LICENSE Twin City Vending 6845 Lee Avenue. North PERISHABLE VENDING MAC LICENSE Twin City Vending 6845 Lee Avenue North FOOD ESTABLISHMENT LICENSE Canteen Corporation of Minnesota 6700 Shingle Greek Pkwy. Red Lobster /a division of General Mills Restaurant Group 7235 Brooklyn Boulevard 10 -25 -82 -3- R ENTAL DWELLING LICENSE Initial: United Hones Corporation 5600 Aldrich Avenue N. Pat's Action Realty 6825 -27 Noble Avenue N. Joan Kanz 3112 O'Henry Road Marvin /Beatrice Mohr 6026 Humboldt Avenue N. Ramesh K /Kanta Kuba 4216 Lakebreeze Avenue N. Renewal: Robert A. Gold 7217 Camden Avenue N. Patrick Menth 5302 Fremont Avenue N. Duane L. Christiansen 5400 Sailor Lane Mr. & Mrs. Michael L. Kratochvil 6131 Kyle Avenue N. Eugene W. Hess 3218 63rd Avenue N. David JensenGordon Wellens 5501 Brooklyn Boulevard Fred Johnson 5324 Bryant Avenue N. Isolda Gilles 4715 France Avenue N. Dennis Schuette /Jerry Jacobson 4408 69th Avenue N. Peter /Joan Neururer 6737 -43 Humboldt Avenue N. Harrington Properties Bernard J. Harrington 6640, 6700 Humboldt Avenue N. 1400,01 67th Avenue North Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. REQUEST BY C.E.A.P. FOR ACCESS ROAD STREET SIGN The City Manager reviewed for Council members a letter from Mr. Ed Eide, Executive Director of C.E.A.P. The letter was a request from the Board of Directors of C.E.A.P. to name the access road to the C.E.A.P. building "C.E.A.P. Way." Mayor Nyquist recognized Mr. Ray Dell, member of the Board of Directors of C.E.A.P., wh asked the Council to allow the roadway to be renamed C.E.A.P. Way. Mayor Nyquist then recognized Dr. Duane Orn, President of the Board of Directors of C.E.A.P. Dr. Orn explained to the Council that C.E.A.P. is an agency that helps people and needs a visibility and identity in order that it can be seen since it is in a difficult to find location. He stated that C.E.A.P. needs a way to establish some type of visibility and asked the Council to consider the access road name change. The City Manager stated that he had discussed the request with Dr. Orn and Mr. Eide, and that C.E.A.P. is entitled to an identification sign visible from the street but that he did not know whether the street sign would do much for identification of the building location. Mr. Eide responded by saying that the issue is not with the identification sign but the issue is that the board and the citizens would like to name the access road "C.E.A.P. Way ". The City Manager commented that the request to the City would be for authorization for the street sign. Councilmember Theis stated that he likes the idea for the change in the name but added that he believes it would not be useful for address and location purposes. Mr. Eide agreed with Councilmember Theis and noted that the request is for the street name change and that the address would remain on Brooklyn Boulevard. The City Attorney commented that one point to consider is what other property 10-25-82 -4- owners in the area would think and suggested that it would be advisable if they were notified of the request. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to authorize the staff to notify neighboring property owners of the request by C.E.A.P., and to proceed with erecting the street sign as requested by C.E.A.P. if no objections were received from the adjoining property owners. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED The City Manager introduced a Resolution Accepting Bid and Approving Contract 1982 -M (Palmer Lake Basin Site Improvements). The City Manager noted that the bids for the project had been received and that certain portions of the project received objections on the part of the residents near the project area. He explained the base bid would include a wood chip path behind Oliver Lane and that Alternate No. 3 would make the path a bituminous path. The Director of Public Works presented the development plans to the Council and reviewed the alternatives, pointing out that Alternate No. l was a wood chip trail and Alternate No. 3 was a bituminous trail in the Palmer Lake area along and behind Oliver Lane. Mayor Nyquist recognized Mr. Howard Oien who stated that petition presented to the City Council by the neighborhood requested a no path alternative. Mr. Oien stated that the plans presented this evening show that a path will be built whether the neighborhood wants it or not. Mr. Kipton Narbo stated that the alternates presented to the Council this evening include a wood chip or bituminous path and that the neighborhood has asked for a no path alternative. He added that he believes fire is a problem in the area and that if the path is built people could be trapped by fire. He also stated that he believes molestations in the area could have occurred and may not have been reported to the Brooklyn Center Police Department. The City Manager reviewed the location of the proposed trail in the Palmer Lake Basin area and explained that the wood chip trail would extend from West Palmer Park to East Palmer park. The Council continued its discussion regarding the proposed improvements. Mayor Nyquist commented that the City has not had problems with other portions of the trailway project constructed in the City. Councilmember Lhotka stated that perhaps a portion of the trail could be eliminated and that it_could be added at a later date if it was not objectionable. The City Manager recommended that the Council pass the resolution without Alternate No. 3 and then pass a separate resolution approving a change order which would eliminate the portion of the trail found objectionable by the neighborhood. RESOLUTION NO. 82 -202 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -M (PALMER LAKE BASIN SITE IMPROVEMENTS) 10 -25 -82 -5- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -203 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -N (LIFT STATION NO. 3 REPLACEMENT) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -204 Member Gene Lhotka introduced the following resolution and moved its _adoption: RESOLUTION PERTAINING TO CHANGE ORDER NO. 1 TO CONTRACT 1982 -N (LIFT STATION NO. 3 IMPROVEMENT PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDP_1ANCES AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS The City.Manager explained the ordinance amendment would provide the fee schedule for licenses required by Chapter 1 of the City ordinances regarding animals, that the ordinance is recommended for a second reading this evening and a public hearing on the ordinance is scheduled for 7 :30 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations. 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. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 82 -17 Member Rich Theis introduced the following ordinance and moved its adoption: 10 -25 -82 -6- A 1 l AN OPDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none; whereupon said ordinance was declared fuly passed and adopted. AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY ORDINANCES REGARDING FOOD ESTABLISHMENTS The City Manager explained the ordinance amendment would provide a reduced license fee for food establishments with a quality assurance program to prevent food borne illnesses. He explained the ordinance was offered for a first reading and recommended a public hearing be scheduled for 8 :00 p.m. on October 22, 1982. He added that notices for an informational meeting on the quality assurance plan had been sent to food license holders in Brooklyn Center but that only a few of the food handlers attended the meeting. Mayor Nyquist inquired whether the staff believed there was any problem with tying the plan into the special report No. 61 referenced in the ordinance amendment. The City Attorney commented that the City would have to revise the requirements of the plan to coordinate with any updates or changes in the report. The City Manager stated that the Council may want to delay the first reading of the ordinance so that the staff can get input from the Chamber of Commerce. The City Attorney noted that the public hearing on the ordinance could be continued for a number of times. Councilmember Hawes inquired whether the $100 difference in license fees would be enough incentive to prepare a quality assurance plan. The City Manager suggested that the Council delay any action on the ordinance and get more input from the Chamber of Commerce. Mayor Nyquist suggested that the Council refer the ordinance amendment to the Chamber for more input. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to table consideration of An Ordinance Amending Chapter 8 of the City Ordinances Regarding Food Establishments until the Chamber of Commerce has had an opportunity to provide input into the ordinance. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table consideration of An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations until such time as the Chamber of Commerce has reviewed the ordinance and provided input to the City Council regarding the ordinance amendment. Voting in favor: Mayor Nyquist, Councilmembers g g Lhotka, Hawes, and Theis. Voting against none. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:33 p.m. and reconvened at 8:50 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82038 SUBMITTED BY MELVIN MAAS FOR A SPECIAL 10 -25 -82 -7- USE PERMIT TO CONDUCT A SMALL ENGINE REPAIR HOME OCCUPATION IN AN 8' BY 20' 1' SCREENED IN PORCH ALONGSIDE THE GARAGE AT 5907 HALIFAX AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Councilmembers pages '2 to 3 of the October 14, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82038. He reviewed the location of the subject parcel and described the nature of the special use request. He noted that the Planning Commission recommended approval of the application subject to six conditions which he reviewed for Council members. The Director of Planning & Inspection pointed out that a representative of the applicant was present at the meeting and that the proper notices had been sent to surrounding property owners. Councilmembers discussed the application and Councilmember Lhotka expressed a concern about the storage of flamables on the site and requested that the hours of operation be changed to 9 :00 a.m. to 6:OO p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82038. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he enter- tained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 82038. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Application No. 82038, subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontraa,sferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 9 :00 a.m. to 6:00 p.m. Monday through Friday. 4. All parking associated with the home occupation shall be off - street on improved space on the property. 5. A 5 lb. fire extinguisher shall be installed in the area of the home occupation prior to the issuance of the permit. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Storage of flamable materials in the area of the home occupation shall be stored in a manner approved by the Brooklyn Center Fire Chief. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed unanimously- 10-25-82 -8- k PLANNING COMMISSION APPLICATION 110. 82039 SUBMITTED BY JOHN CLIFFORD FOR A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW EXPANSION OF A GARAGE ALONG THE -EXISTING BUILDING LINE OF 34' RATHER THAN 35' REQUIRED BY THE ORDINANCE ' The Director of Planning & Inspection presented and reviewed for Council members pages 5 through 6 of the October 14, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82039. He also proceeded to review the location of the subject parcel and reviewed the applicant's proposal. The Director of Planning & Inspection pointed out that s five similar variance cases were considered by the City Council in the past and that four were approved and one was not. He added that all these cases were reviewed in detail at the Planning Commission meeting. p The Director of Planning & Inspection pointed out the application has submitted a letter requesting a variance and that the staff and Planning Commission concurs that it is questionable as to whether the application, or others in the past, met the standards for variance. He added that it was felt by the Planning Commission and staff that it would not be detrimental to surrounding properties to grant the variance. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82039. 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. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Application No. 82039. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none, -:,The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Application No. 82039 on the grounds that there is considerable precedent through the granting of similar variances and the variance would not have a detrimental affect on neighboring property. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 82 -205 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -P (MUNICIPAL SERVICE GARAGE SOILS CORRECTION, LIONS PARK TENNIS COURT SOILS CORRECTION) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Attorney left the table at 8:25 p.m. 10 -25 -82 -9- RESOLUTION NO. 82 -206 Member Bill Hawes introduced the resolution and mo=wed its adoption: RESOLUTION AUTHORIZING PURCHASE OF TRUCK CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Specifications and Ordering Advertisement for Bids for Jet Rodder for Public Utilities Division. The Director of Public Works explained that the City has been experiencing a number of sewer backups and that after analysis of a number of alternatives the staff is recommending the purchase of a jet rodder. Additionally, he stated the City could contact other cities to solicit their interest in joint ownership of a vacuum cleaning machine as an adjunct to the rodder. He also proposed the transfer of one full -time person from th:a street department to the public utility department and also one part -time seasonal person. The City Attorney returned to the table at 8 :32 p.m. Councilmember Lhotka requested that when the bids are received, he would like to review the manufacturers information on the machine and would also like information from other cities in the area regarding their usage of jet rodders and vacuum machines. RESOLUTION NO. 82 -207 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR JET RODDER MACHINE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -208 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROCEDURES FOR INITIATION OF ALLEY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 10 -25 -82 -10- DISCUSSION ITEM NORTH HENNEPIN COMMUN AND CONVENTION CENTER CITIZENS COMMITTEE The City Manager reviewed a letter received from the North Hennepin Community and Convention Center Citizens Committee requesting the City to apply funds towards the liquidation of the outstanding indebtedness of the committee. Mayor Nyquist stated that the objective of the committee was excellent but that the functions of the committee were poorly handled from start to finish. Council - member Lhotka agreed with Mayor Nyquist's comments. The City Manager noted that the funding for the committee was not a commitment made by the City of Brooklyn Center or any other City. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny any contribution from the City of Brooklyn Center to the outstanding indebtedness of the North Hennepin Community and Convention Center Citizens Committee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. APPLICATION FOR ON -SAFE INTOXICATING LIQUOR LICENSE FOR RED LOBSTER RE STAURANT Councilmember Lhotka requested that, in the future, no liquor license applications be placed on the Consent Agenda. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the on -sale intoxicating liquor license for the Red Lobster Restaurant. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. CONSIDERATION OF MINNESOTA CONSTITUTIONAL AMENDMENTS The City Manager introduced information prepared by the League of Women Voters on the four constitutional amendments on the November general election ballot. The City Manager stated that, because the votes for constitutional amendments are based on the total number of people voting in an election, a person not voting on a constitutional amendment has the same affect as if the person voted no. Mrs. Dolores Hastings and Mrs. Florence Johnson,representing the League of Women Voters, addressed the Council and stated that the League has only endorsed one amendment, that being, the amendment permitting the establishment of an appeals court. They stated that the League of Women Voters encourages people to vote on the amendments no matter which way they vote. They added that the League's function is an educational function and that they hoped people would understand the importance of voting on a constitutional amendment. They also requested the Council to support their position on voting on constitutional amendments. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to support the League of Women Voters position that the constitutional amendments on the November general election ballot are important and that voters should vote on the amendments. FUNDING FOR I -94 OPENING Mayor Nyquist inquired of the Council whether they wanted to allocate any funds for the opening ceremonies for I -94. 10 -25 -82 -11- After discussion by the Council, there was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny any contribution from the City of Brooklyn Center towards the funding of the opening ceremonies for I -94. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. POLICE DEPARTMENT REORGANIZATION Councilmember Hawes brought up for discussion the topic of the police department reorganization. Mayor Nyquist commented that no new information has been offered regarding the reorganization. Councilmember Hawes questioned whether the Council was truly representing the wishes of the people of Brooklyn Center. Councilmember Lhotka commented that, during the Open Forum session held earlier in the meeting, one of the speakers stated that the reorganization plan was the City Manager's plan and not the Police Chief's plan— asked the staff to comment on this statement. Chief Lindsay stated that the plan was developed jointly by the police administration and the City administration. Councilmember Lhotka then asked whether or not the Chief supported the reorganization. Chief Lindsay stated that he does support the reorganization plan. Councilmember Lhotka then requested the Chief to comment on a statement made by one of the speakers to the effect that no one would apply for any of the corporal positions. Chief Lindsay commented that he had discussed this issue with the sergeants and suggested to them that they look at all of the possible ratifications of this action. Councilmember Lhotka inquired whether the seniority issue had been resolved. The City Manager stated that from a staff position he believes the seniority issue has been resolved. Councilmember Lhotka then inquired as to the possible court costs if the issue were to be settled in court. The City Attorney noted that he could give an estimate of the cost but it would not be a very accurate estimation at this point. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10:25 p.m. Clerk Mayor i 10 -25 -82 -12- ryJ rr �7 n - .T�* - r T�'1 '-- _......-- .�.`�l�u .:....._. .—.._' r.. .._.....vu.Ci:�L.�.rti__�:.J.. � N ame _David C. Skeels _ �� _ Age 40 Address 60 `York Ave. No., Brnoklyn Center Telephone X61- 8182_ — � _- - --- p Occupation. ":%T' Audit r'ana Years ? ived. in Brooklyn C?nter 15�..__._ I am interested in serving on the: X X Park & Recreation Commission Park Service Area Committee Either I have read Council Resolution 73-25, which defines the purpose, authority and responsibility of the Erookiyn Center Park and Recreation Co-mmission and the Park Service Area Committees. Yes No Comments I beli it is clear stat I understand the importance of regular Commission /Committee meeting attendance and participation, and feel I have the time available to be an active participant. Yes XX No Commer, ,s Additional co3ilments on my interest, experience, background, ideas, etc. _ I ha ve had an interest in B Ced;e and recreation s ome t ime, When �pr �.ct�ta_ remodel the River Ridge Park and served as a park leader i projects to keep city par o pen i the evening, �. _ I also _was C of the Citizens Park P ond Committee successful in work to pass the most recent bond issue f or park__ impro_vements._ Th — Park and Recreation Commiss is i t o Brook Center . ^ _I_�._ would be hap to serv o n this C ommissicn . � /4 � gnae Da ,.e Submit to: Mny Dean Nygttis± City of Brooklyn Center 6301 Shingl Creo',: Farkwa Brooklyn Center, ttil\i .5430 City Col_incil 'roo'rl`rp } f� n. �?] , i. -; M , Cent 1 eM , nJ t fir, _ '; De sr_tm.Y�t elief y snec�_al Boa._.: vz_� o_ r -o :I :ter � 1- 1 . -,. ,- 1^ 1 t c -, i is n �, e : l E c e C J - •�a t Z a r -; c� r-., .-' r T <... -_ t,; �: _ . ,�;� 1 3. C_ ...cello i... r�.ca�r�nendation� far a °?r t P of tT years. Ernie ''Kremer =vas el(ci -! or tr• o Cenm as tr1_istee. SECretarV Tim ar- t,`)son was rc,-Ject -c ? -o a t j �. ar t4:rii? on a white 1 0ailot. 1 Y "6 :it?ier . ' _ =r iS';^ ?tC.ri7-d ro ourc!- ,as t'Ze r alla;,iny: j1 f 0 ` 0 c G r±i � . ^.l ' ar a' ° r'> soc. }?o-irls with a yi_eld of 9. 5'. and mat_urF3s .:c�rcil 1. c $15, of Federal Farm Credit wanks bonds with a yield of 10.95% and matures January 22, 1990. . $45,000 oL Household Finance bonds with a yield of 7.5% and matures in August, 1.195, °5, 000 of ` °7cstern Power Company bonds with a vield of `+ 7/3,, anti matures in D �ce:r`er, 1_` °a. 'de feel these are arise decisions and hope you will approve this action. Respectfully Submitted, r CCY• Timothv R. Niartenson, Secretary Brooklyn Center Fire Dena.rtment Relief Association NOTICE OF PUBLIC HEARING REGARDING THE DESIGNATION OF A HOUSING DEVELOPMENT PROJECT PURSUANT TO MINNESOTA STATUTES SECTIONS 462,411 et. sea., THE MUNICIPAL HOUSING AND REDEVELOPIMENT ACT AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT PURSUANT TO °MINNESOTA STATUTES, SECTION 273.71 TO 273.78 INCLUSIVE, THE TAX INCREMENT FINANCING ACT. THE CITY OF BROOKLYN CENTER, MINNESOTA NOTICE IS HEREBY GIVEN that the governing body of th City of Brooklyn Center, Minnesota (the "City ") will meet on February 28, 1982, at 7:30 p.m. at the City offices, 6301 Shingle Creek Parkway in Brooklyn Center, Minnesota 55430, for the purpose of conducting a public hearing on a proposal to designate a housing development project as defined in Minnesota Statutes Section 462.421, Subdivision 25 in accordance with the :Municipal Housing and Redevelopment Authority Act, Minnesota Statutes Section 462.411 et. sea. and to establish a tax increment financing housing district as defined in Minnesota Statutes Section 273.73, Subdivision 11 in accordance with the Minnesota Tax Increment Financing Act, 'Minnesota Statutes Sections 273.71 to 273.78 as amended. The governing body will also consider the approval of a plan for the housing -development project and the adoption of a tax increment financing plan. The area to be encompassed by the proposed housing development project is generally described as follows: - Beginning at a point formed by the intersection of the easterly right - of -way line of Humboldt Avenue and the southerly right -of -way line of North Lilac Drive; thence northeasterly along said southerly right- of-way line of North Lilac Drive, to its intersection with the easterly right -of -way line of Fremont Avenue; thence northerly along said easterly right-of -way line of Fremont Avenue to its intersection with the southerly right -of -way line of North Lilac Drive and continuing northeasterly along said southerly right-of -way line of North Lilac Drive to its intersection with the westerly right -of -way line of Dupont Avenue; thence North along said westerly right -of -way line of Dupont Avenue to its intersection with the southerly right -of -way of U.S. I n southerly right-of-way . nters, ate 94; thence westerly along said southe y g y of U.S. Interstate 94 to its intersection with the easterly right-of- way of Minnesota Trunk Highway 100; thence southerly along said easterly right-of-way line of Minnesota Trunk Highway 100 to the northerly right -of -way line of Humboldt Avenue; thence easterly along said northerly right -of -way line of Humboldt Avenue to the point of beginning. A description of the property to be included in the proposed tax, increment financing housing district is as follows: ............ That part of Lot 8, Lauderdale be Haven's Outlots to Minneapolis, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies - within a distance of 75 feet Southeasterly and 150 feet Northwesterly of the following described line, to wit: From a point on the West line of Sr -ction 1, Township 118, North Range 21, West of the 5th Principal Neridian, distant 49.9 feet south of the Northwest corner of said Section 1, Township 118, Range 21; thence run Southwesterly at an angle of 41 0 22' with said West section line (as measured from South to West) for 145.7 feet to the point of beginning of the line to be described; thence run Northeasterly on the last described course for 800 feet and there terminating. That part of Lot 9, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies within a distance of 75 feet Southeasterly and 150 feet Northwesterly of the following described line, to wit: From a point on the West line of Section 1, Township 118, North Range 21, West of the 5th Principal Meridian, distant 49.9 feet south of the Northwest Corner of said Section 1, Township 118 North, Range 21 West; thence run Southwesterly at an angle of 41'22' with said West section line (as measured from South to west) for 145.7 feet to the point of beginning of the line to be described; thence run Northeasterly on the last described course for 800 feet and there terminating except that part of said Lot 9 lying Westerly of a line described as commencing at the Southwest corner of said Lot - 9; thence North 4t2' East along the West line of said Lot 9 a distance of 20 feet to the actual point of beginning of the line to be described; thence North 17 East 323.30 feet to the North line of said Lot 9 and there terminating. That part of Lot 10, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for - Hennepin County, Minnesota, which lies Southeasterly of a line parallel with and distant 150 feet Northwesterly of the following described line, to wit: Beginning at a point on the West line of Section 1, Township 118 North, Range 21, West of the 5th Principal Meridian, distant 49.9 feet South of the Northwest Corner of said Section 1, Township 118 North, Range 22 West; thence Northeasterly at an angle of 41 0 22' with said West section line (as measured from North to East) 1000 feet and there terminating, together with that portion of Fremont Avenue North to be vacated accruing to said part of Lot 10. That part of Lot 11, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies Southeasterly of a line parallel with and distant 150 feet Northwesterly of the following described line, to wit: Beginning at a point on the South line of Section 36, Township 119 North, Range 21, West of the 5th Principal Meridian distant 44.5 feet East of the Southwest corner thereof; thence Northeasterly at an angle of 47 0 48 1 with said South line for 2 989.3 feet and there terminating, together with that part of Fremont Avenue North to be vacated accruing to said part of Lot 11. That part of Lot 12, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies Southerly and Southeasterly of Line 1 described below: Line 1: From a point on Line 2 described below, distant 487.9 feet Northerly of its point of beginning, run easterly at right angles to said Line 2 for 130 feet to the point of beginning of Line 1 to be described; thence run northeasterly parallel with said Line 2 to an intersection with a line run parallel with and distant 110 feet southerly of Line 3 described below; thence run easterly parallel with said Line 3 for 400 feet and there terminating; Line 2: From a point on the west line of Section 36, Township 119 North, Range 21 hest, distant 1155.84 feet north of the southwest corner thereof, run southerly at an angle of 12 degrees 22 .minutes 37 seconds from said west section line (measured from south to west) for 690.79 feet to the point beginning of Line 2 to be described; thence run northerly on the last described course for 100 feetf thence deflect to the right on a tangential curve having a radius of 881.47 feet and a delta angle of 74 degrees 05 minutes 12 seconds for 1139.79 feet and there terminating; Line 3: From a F o point on the west line of said Section 36, distant 1100.10 feet north of the southwest corner thereof, run easterly at an angle of 86 degrees 02 minutes 15 seconds from said west section line (measured from north to east) for 786.86 feet to the point of beginning of Line 3 to be described; thence run westerly on the last described course for 231.18 feet; thence deflect to the right on a tangential curve having a radius of 2864.79 feet and a delta angle of 29 degrees 37 minutes 47 seconds for 1481.49 feet and there terminating; and that part of Fremont Avenue North to be vacated accruing to said part of Lot 12. That part of Lot 5, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies a distance of 75 feet Southeasterly and 150 feet Northwesterly of the following described ID line: Beginning at a point on the South line of Section 36, Township 119 North, Range 21, West of the 5th Principal Meridian, distant 44.5 feet East of the southwest corner thereof; thence Northeasterly at an angle of 47 with said South Section line for 989.3 feet; thence deflect to the right on a ten chord spiral curve of decreasing radius 3 (spiral angle 3'10') for 200 feet; thence deflect to the right on a 3 circular curve (delta angle 44 for 600 feet and there terminating; and lying Southerly of a line run parallel with and distant 110 feet Southerly of the following described line, to wit: Beginning at a point to the West line of Section 36, Township 119, Range 21 West, distant 1100.0 feet North of the Southwest corner thereof; thence Easterly at an angle of 86 from said Vest Section line (measured from North to East) 971.13 feet; thence Easterly along a tangential curve, concave to the South, having a radius of 11459.16 feet, central angle of 6 and an are distance of 1200 feet and there terminating; and lying West of a line parallel with and 100 feet West of the centerline of Dupont Avenue North. That part of Lot 5, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies Northwesterly of a line parallel with and 150 feet Northwesterly of the following described line, to wit: Beginning at a point on the South line of Section 36, Township 119 North, Range 21, West of the 5th Principal Meridian, Southwest corner thereof; thence f E f the outhwes c distant 44.5 feet East o e Northeasterly at an angle of 47 0 48' with said South Section line for 989.3 feet; thence deflect to the right on a ten chord spiral curve of decreasing radius (spiral angle 3 for 200 feet; thence deflect to the right on a 3 circular curve (delta angle 44 for 600 feet and there terminating; and lying Southerly of a line run parallel with and distant 110 feet Southerly of the following descried line, to wit: Beginning at a point on the West line of Section 36, Township 119, Range 21 West, distant 1100.10 feet North of the Southwest corner thereof; thence Easterly at an angle of 86 from said West Section line (measured from North to East) 971.13 feet; thence Easterly along a tangential curve, concave to the South having a radius of 11459.16 feet, a central angle of 6900' and an arc distance of 1200 feet and there terminating; and together with that part of Fremont to said t of Lot 5. A N d accruing d ar remont venue North to be vacate acc g p That part of Lot 6, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies within a distance of 75 feet Southeasterly and 150 feet Northwesterly of the following described line, to wit: Beginning at a point on the South line of Section 36, Township 119 North, Range 21, west of the 5th Principal Meridian, distant 44.5 feet East of the Southwest corner thereof; thence Northeasterly at an angle of 47 0 48' with said South Section line for 989.3 feet; thence deflect to the ri on a ten chord spiral curve of decreasing radius (spiral angle 3 for 200 feet; thence deflect to the right on a 3900' circular curve (delta angle 44 for 300 feet and there terminating; together with that part of Fremont Avenue North to be vacated accruing to said part of Lot 6. That part of Lot 6, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies Northwesterly of a line , 4 4 parallel with and 150 feet Northwesterly of the following described line, to wit: Beginning at a point on the South line of Section 36, Township 119 North, Range 21, west of the 5th Principal Meridian, distant 44.5 feet East of the Southwest corner thereof; thence: Northeasterly at an angle of 47 with said South Section line for 989.3 feet; thence deflect to the rir-ht on a ten chord spiral curve of decreasing radius (spiral angle 3`'00') for 200 feet; thence deflect to the right on a 3 '00' circular curve (delta angle 44 for 300 feet and there terminating; together with that part of Fremont Avenue North to be vacated accruing to said part of Lot 6. That part of Lot 7, Guilford Outlots, according to the plat thereof on We and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies Northwesterly of a line parallel with and distant 75 feet Southeasterly of the following described line, to wit: Beginning at a point on the South line of Section 36, Township 119 North, Range 21, west of the 5th Principal Meridian, distant 44.5 feet East of the Southwest corner thereof; thence Northeasterly at an angle of 47 ° 48' with said South Section line for 989.3 feet and there terminating; together with that part of Fremont Avenue North to be vacated accruing to said part of Lot 7. That part of Lot 9, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, which lies Northwesterly of a line lying parallel with and 150 feet Northwesterly of the following described line, to wit: From a point on the West line of Section 1, Township 118 North, Range 21, West of the 5th Principal Meridian, distant 49.9 feet South of the Northwest corner of said Section 1, Township 118 North, Range 21 Nest; thence Southwesterly at an angle of 41 with said West Section line for 145.7 feet to the point of beginning of the line to be described; thence Northeasterly on the last described course for 800 feet and there terminating and lying Easterly of a line described as commencing at the Southwest corner of said Lot 9; thence North 4 West, assumed bearing, along the Nest line of said Lot 9 a distance of 20 feet to the actual point of beginning of the line to be described; thence North 1704'56" East 323.30 feet to the North line of said Lot 9 and there terminating. That part of Lots 10 and 11, Guilford Outlots, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, except those parts of said Lots 10 and 11 lying within the right of way of State Trunk Highway No. 100, which lies Easterly of Line 1 described below: Line 1: From the point of beginning of Line 2 described below, run easterly at right angles to said Line 2 for 300 feet to the point of beginning of Line I to be described; thence run northerly parallel with said Line 2 for 300 feet; thence run northerly to a point distant 130 feet south easterly (measured at right angles) of a point on said Line 2, distant 687.9 feet northeasterly of its point of beginning; thence run 5 northeasterly on a line run parallel with and distant 130 feet southeasterly of said Line 2 to its intersection with the north line of said Lot 11 and there terminating. L' From of t w line of Section 3f Township Line 2 ro a point on he west p 119 North, Range 21 West, distant 1155.84 feet north of the southwest corner thereof, run southerly at an angle of 12 degrees 22 minutes 37 seconds from said west section line (measured from south to west) for 890.79 feet to the point beginning of Line 2 to be described; thence run northerly on the last described course for 300 feet; thence deflect to the right on a tangential curve having a radius of 881.47 feet and a delta angle of 74 degrees 05 minutes 12 seconds for 1139.79 feet and there terminating; and that part of Fremont Avenue North to be vacated accruing to said part of Lot 11. A draft copy of the proposed housing development plan and tax increment financing plan along with all attachments and exhibits thereto, is available for public inspection at the City offices. All persons interested may appear and be heard at the time and place set forth above. BY ORDER OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER Gerald G. Splinter, Clerk Date: February 8, 1983 (Published in the Brooklyn Center Post February 17, 1983 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. 6 Member introduced the following resolution and 1 moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -Q (WATER SUPPLY WELL NO. 9 IMPROVEMENT PROJECT NO. 1982 -30) WHEREAS, pursuant to an advertsiement for bids for Improvement Project No. 1982 -30, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 27th day of January, 1983. Said bids were as follows: ABE Construction A & K Barbarossa Gridor Company, Construction, &Sons, Construction, Inc. Inc. Inc. Inca LUMP SUM.BID $358,600.00 $367,400.00 $418,600.00 $456,500.00 Unit Price Adjustment Drive 36" Pipe (per L.F.) 120.00 120.00 120.00 120.00 36" Bore Hole (per L.F.) 80.00 80.00 80.00 80.00 30" Casing Pipe (per L.F.) 45.00 45.00 45.00 45.00 Grout Fill (per C.Y.) 150.00 150.00 150.00 150.00 Uncased 30" Bore Hole (per L.F.) 60.00 60.00 60.00 60.00 Explosives (per LB.) 1.00 1.00 1.00 1.00 Air Development (per Hour) 100.00 100.00 100.00 100.00 Sandstone Removal (per C.Y.) 30.00 30.00 30.00 30.00 Test Pumping (per Each) 3,500.00 3,500.00 3,500.00 3,500.00 Test Pump Duration (per Hour) 150.00 150.00 150.00 150.00 Pump Column (per L.F.) 120.00 120.00 120.00 120.00 WHEREAS, it appears that ABE Construction Company, Inc. of Plymouth, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $358,600.00 with ABE Construction Company, Inc. of Plymouth, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1982 -30 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forth - with to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder E. shall be retained until a contract has been signed. RESOLUTION NO. BE IT FURTHER RESOLVED that the total cost of Improvement Project No. 1982 -30 shall be financed by the Public Utilities Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared dulir passed and adopted. BLACK & V E A T C H TEL. (913) 967 -2000 CONSULTING ENGINEERS T ELEX 42.6263 1500 MEADOW LAKE PARKWAY Brooklyn Center, :``M innesota MAILING ADDRESS: P.O. BOX NO. 8405 Water Works Improvements KANSAS CITY, MISSOURI 64114 Water Supply Well No. 9 B &V Project 10405 B &V File G -1.0 February 1, 1983 Mr. Sy Knapp Director of Public Works 6301 Shingle Creek Pkwy Brooklyn Center, Minnesota 55430 Dear Mr. Knapp: Bids for Water Works Improvements, Contract No. 1982 -Q, Improvements Project No. 1982 -30, Water Supply Well No. 9 were opened in Brooklyn Center on January 27, 1983 at 11:00 a.m. Four bids were received as follows: Bidder Bid Amount 1. ABE Construction Company, Inc. $358,600 2. A &K Construction, Inc. 367,400 0 3. Barbarossa & Sons, Inc. 418,600 4. Gridor Construction, Inc. 456,500 Two of the received bids were below the Black & Veatch estimate of $416,000. The low bid was submitted by ABE Construction Company, Inc. We have investigated the qualifications and experience of the low bidder, ABE Construction Company. We have requested and reviewed a list of projects that are either under construction or have been completed by ABE Construction Company. We have also contacted several individuals named by ABE Construction Company as references to determine the nature and quality of their efforts on other projects. Based on this investigation and a review of ABE Construction Company's bidding documents, we recommend that Contract No. 1982 -Q, Improvements Project No. 1982 -30, Water Supply Well No. 9 be awarded to ABE Construction Company, Inc. for the bid amount of $358,600. If there are any questions, please do not hesitate to contact us. We will proceed with preparation of the Contract Documents for execution by the Contractor following notification that the project has been awarded. Very truly yours, LACK & VEATCH� James L. Patton is cc: Mr. Crag Hoffman Mr. Jim Grube [LACK B VEA7C41 _ PROJECT 81 DS RECEIVEDMIL "- Q A.M., L.T. -JAN -2 71gL AT BROOKLYN.CENTER MINNESOTA DATE_J 27 IY _ffi- ,. GOhSVITthi. Etis aTtss N0.1040$_ FOR BROOKLYN CENTER, MINNESOTA, WATER WORKS IMPROVEMENTS, CONTRACT N0. 1962 -Q, BIDS TABULATED SY Tl y - BIDS CNECMEO BT SNF IMPRO PROJE NO. 1982 -30, WATER SUPPLY WELL NO. 9 SHEET NO. I OF I MANE OF BIDDER &BE Con;t. Co-Inc. Barbarossa & Sons,In . Gridor Constr.,Inc A&K Constructlon,In - -` 4550 23th Ave. N. P.O. Box AH 1886 Berkshire Ln. 9038 110th St., N. Engineer's Estimate ADDRE OF B IDDER l mouth MN 5 544_1 Osseo MN 55369 P1 outh� MN 55441 Stil . ._�5 IT01 - - - DESCR QUANTITY _ UNI UNIT COST I TOTAL OMIT COST TOTAL UNIT COST - TOTAL UNIT COST TOTAL OMIT OD3T TOTAL BID SECURITY - - - -— Y es Yes _ Yes Yes ADDENDUM,ACKNOWLEDGED� - � _ �`� No. 1 - I - - - -- Yes Yea Yes Yea Por�onstrllcslen_sompiec�of a_�szdaT�.._1_ 4ui� yell- inclvdjs&- we.lJ- bosise. --plm, R,;. - ;pi,rins._�.xalves. chemlcal.feed_;§�- storage,.. ---- -�_ -- t - - I - -- �� §G7ljties�{c a4pyTSCnaDt work �._ LS 358,6 00.00 418 600.00 456,500 t 367,400.00 416,000.00 _ -- I 1 ji ADJUSTMENT UNIT ZRICES Drive Pipe - 36 inch), - -_t_- {lin -fr -- 90_ _120.0 15500--1: B ore Hole 36 inch). l f "- - -- - L- 80 80 .E C asing Pipe 30 inch 45.00 -fL2 Grout Fi11. - - - -- -- - -_ _._. r„ _- 150.00 _ Q.9 ~. - zD 0 4.9 } Uncased Bore 11ole 30 inch). -?- -- - —�- , 1 2 -1 j - -- - -- -- - - - - ,�— }.xplosives. � lb ' 1.00 � -- 1.00 1 �_ j� f — Air Develo ment - --- -- t ---- i - - - -- -- 1- - - f - - - i � I p -- - -- - -- i -- --- ! - hour1 - ---1- 100.00_ __ -_- - 100 99� t .- --100- 00+---- --'- ._-- 192.._90 mova one s Sandt Rel -- �..--- _ cv -Xd 30.00 1 , �0 00,_ Test Pum in j, T - c - s - t Pumping Duration hour 150.0 i 150 00 — ___ - 150 00' _ - ._150_00 . _ Pum Column - ---��' -�� �-- ._____. _ ti n f c _ _ �i2o. Do —__ t-� 2 O 4_L 122 2 i2o - 40 QM; ial bsta I� . Sunt Completion:`- -- - - +- i - . - - - -+- -_. --- --- -- i-- -- - - - - -- - r - ~- September 1, 1983 - - * - - - - -- - - — t kinai Completion: October -3 1983. - — - - -- _ - --- - - `- - i RFCOAZIEND 1 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROPRIATING FUNDS FOR PAYMENT OF LOCAL SHARE OF COSTS FOR PEDESTRIAN /BIKEWAY IMPROVEMENT PROJECT NO. 1980 -06 WHEREAS, the City Council of the City of Brooklyn Center, Minnesota, established Pedestrian /Bikeway Bridge Improvement Project No. 1980 -06 by Resolution No. 80 -75, adopted March 24, 1980; and WHEREAS, the City is responsible for payment of 23.26 percent of all eligible construction costs (estimated to be $462,099.00) and all engineering and administrative costs pursuant to established provisions of the Federal Aid Urban Construction Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the Director of Finance is hereby authorized and directed to appropriate funds from Muncipal State Aid Fund No. 2611 according to the following schedule: Construction Costs (@ 23.26% of $462,099.00) $107,484.23 Construction Engineering Costs 41,588.91 (@ 90 of Construction Costs) Registered Suxvey Cost 2,000.00 >, (for purpose of easement description) Administrative Cost 4,620.99 (@ l% of Construction Costs) TOTAL $155,694.13 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY l BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 ' EMERGENCY - POLICE -FIRE 561-5720 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: February 8, 1983 RE: Bids Received For Construction Of Pedestrian Bridge Across T.H. 100 Between Brookdale And Lions Park On February 3rd the following bids were received and opened for construction of the referenced project. Company Total Bid Amount Cy -Con, Inc. $462,099.00 Park Construction Company $477,731.25 C.S. McCrossan, Inc. $509,594.20 Kraemer Construction, Inc. $509,961.40 Arnold Beckman, Inc. $513,652.45 Progressive Contractors, Inc. $514,649.50 D.H. Blattner & Sons, Inc. $548,008.20 Because this project is a Federal Aid Urban project (F.A.U. will provide 76.74/ of the financing for the contract costs only), the contract award will be made by the Minnesota Department of Transportation Commissioner of Transportation. However, MN /DOT requests that the City Council concur in the award to the lowest responsible bidder (see attached form) by motion of the Council. In addition, it will be necessary to adopt a resolution appropriating funds to cover the local share of project costs. It is estimated the project will be started within 45 to 60 days. Contract specifications require completion of the project within 100 working days, i.e. by lute fall, 1983. Respec fully submitted Sy Knapp SK:jn ?4e Sa*mez & t9 m MilJ 30144L - (5 -76) C i. E R VA D V' 1 N i S T R A T 0 R' S C•C "E 'R T 'i F I CAT E URBAN PROJ ECT ~ STATE OF MINNESOTA ). REFERENCE (S.P. 109- 010 -06 ( City of Brocklyn Center ) i Gerald G. Splinter- the duly appointed, qualified and acti City Cierk/Administrator of the City of Drookl;rn Center and State of W nnesota, do hereby certify that a regular meeting of the City Council of the City of Brooki�m Center _ held on the 14th day of February 19,E the following named contractors Cy -Con, Inc., Park Construction Company, C,S; McCrossan, Inc., Kraemer Constru Inc., Arnold Beckman, Inc., Progressive Contractor, Inc., and D.H. Blattner & Sons, Inc, submitted bids for the furnishing of all labor, tools, materials and equipment necessary for the construction of the work provided for under plans and specifi- cations for that improvement on Ped. -Bike Bridge and Approaches otherwise known as S.P. No. 109 - 010 -06 M. 5402 (16) located WOO= oiler T 10 near Shingle Cree-, in Brorklyn Center in Hennepin County being approximately miles in length. The bid of Cv -Con, Inc. in the amount of $ 462,099.00 appeared to be the lowest bid received, subject to final audit, and on motion by :7✓ounciiman and seconded by Councilman it was voted by said City Council to recc,^mend to the Carm i ss i oner of Highways, as Agent for said City, that: (said contract be awarded to the lowest resppnsibie bidder) .d�XIC�Kid�i;X�XXXX�X�i�X��X X'���X3lX✓�0� . Attest: _ City Clerk/Administrator 0tk)(it AWJ XaX-tX MVXXU Mayor IN TESTiNONY WHEREOF, I have hereunto set my hand and affixed my official seat this 3 day 'of Fel�ruanr Clty Clerk /Administrator Rocommendatlons A ward to l ;respon bidder. Dlstrict.Siato Aid Cndineur M r ^Ler introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PURCHASE OF WATER MAINS GATE VALVE FOR I7. UNDER 63RD AVENUE NORTH WATER MAIN Itfi' ROVE ' - ,NT PROJECT NO. 1983 -02 WHEREAS, the City Council considers it in the best interests of the City of Brooklyn Center, Minnesota, to purchase a 16 inch gate valve directly from an appropriate material supplier to insure the expeditious completion of the 63rd Avenue North Water Main Improvement Project.No. 1983 -02; and WHEREAS, the City Engineer has received quotations for delivery of said gate valve, said quotations listed as follows: Davies Water Equipment Company $2,011.75 with delivery in 10 weeks Water Products Company $2,173.30 with delivery in 12 -14 weeks NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center Minnesota, nnesota, that the quotation of $2,011.75 submitted by Davies Water Equipment Company is hereby accepted and the City Manager is hereby authorized and directed to execute an agreement for delivery of said 16 inch gate valve. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: February 10, 1983 RE: Purchase of 16" Gate Valve for Installation Under 63rd Avenue North Water Main Improvement Project No. 1983 -02 The City Council ordered the construction of 16 inch water main in 63rd Avenue North between Beard Avenue and Brooklyn Boulevard at its January 24, 1983 meeting. In order to insure timely project completion prior to the improvement of Brooklyn Boulevard by MN /DOT, staff recommends that the City purchase a 16 inch gate valve directly from the material supplier, then provide for its installation under the Improvement Contract. By making su ch purchase, , the City should receive the valve by the end of April.(The valve is a "specialty item ", not stocked by suppliers). If the construction contractor orders the valve, it would not be received until mid -June (timing based upon late March bid letting). We have received two quotations for delivery of the valve: Davies Water Equipment Company $2,011.75 with delivery in 10 weeks Water Products Company $2,173.30 with delivery in 12 -14 weeks It is recommended the City Council accept the quotation of Davies Water Equipment Company as provided on the attached resolution. SK: jn CITY 6301 SHINGLE CREEK PARKWAY OF ' N BROOKLYN CENTER, MINNESOTA 55430 B � TELEPHONE 561 -5440 E N T ` EMERGENCY- POLICE -FIRE _ 561 -5720 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works and Peter, Koole, City Assessor DATE: February 7, 1983 RE: Proposed Changes In The Administration Of The Special Assessment Program In accordance with our recent discussions regarding the matter of administering the City's Special Assessment program, we recommend that this function, which is now totally assigned to the Engineering Department-, be split between our two departments, as follows: Engineering Department - to continue to assume primary responsibility for initiation and implementation of improvement projects, for developing special assessment rolls and present- ing the City's position at improvement hearings and at special assessment hearings. i.e. to be responsible until the time of adoption of the assessment roll. The Engineering Department will also provide assist- ance to the City Assessor's office when assessment splits are necessary (i.e. - when property is subdivided following adoption of the assessment roll) and to provide historical information regarding purpose of assessment, methods used for determining levy, etc. Assessor's Office - to assume the accounting portion of collecting special assessments - i.e. - certification to Hennepin County, acceptance of prepayments, providing special assessment searches, etc. The City Assessor will also provide assistance to the Engineering Department in the determination of benefit. This is deemed necessary in light of recent decisions by the Minnesota Supreme Court which emphasizes the definition of "benefit" as "increased market value ". rebruary 7, 1983 - G.G. Splinter Page 2 The ro osed shift of the accounting p p cou ng function of special assessments to the City Assessor's office is prompted primarily by the consideration that this function can best be integrated with the LOGIS "Property Data System" now being used by this office. We have investigated the LOGIS "Special Assessment Module" and have found that, while it is not as comprehensive as use would like, it is now capable of providing the basic functions which we need. Also, we are aware that LOGIS is proceeding with an enhancement of this program. By being "on- line" during this enhancement program, we will be able to assist in tailoring the program to meet our need. Personnel Changes By utilizing LOGIS we will be able to reduce our total personnel needs by the equivalent of one 30 hour per week employee. The recommended staffing changes are as follows: Engineering Department: reduce staff by eliminating one Engineering Technician II (Special Assessment Clerk) position. Note The remaining special assessment functions will be assigned to other Engineering Department staff members. City Assessor's Office: increase staffing by adding one full time Clerk IV while eliminating one part time clerk position. Note Once the new system is fully operational, we estimate that this new Clerk IV will spend approximately 1/3 time on special assessment functions and 2/3 time on other functions now assigned to the part time clerk. During the implementation phase, however, it will be necessary for us to keep the existing system operational while installing and "de- bugging" the new LOGIS system. It is our estimate that implementation will take approximately four months. Accordingly, we recommend that the City Council be requested to approve the following changes to the 1983 Employee Position and Classification Plan: - hire one additional Clerk IV within the City Assessor's office, effective March 1, 1983 - terminate the "Engineering Technician IV (Special Assessment Clerk)" position with the City Engineering Department effective July 1, 1983. Respectfully submitted, '44 V Sy Knapp,VDirecf5r of Public Works Peter Koole, City Assessor Member introduced the following resolution and 1 moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET AND THE 1983 EMPLOYEE POSITION AND CLASSIFICATION PLAN WHEREAS, the 1983 Employee Position and Classification Plan does authorize the full -time position of Engineering Technician II in the Engineering Division; and WHEREAS, the Adopted 1983 Budget appropriated funds for the position of Engineering Technician II in the Engineering Division and two part -time clerks in the Assessing Department; and WHEREAS, the function of administering the City's Special Assessment Program has been the responsibility of the Engineering Division and that the duties were assigned to the Engineering Technician II; and WHEREAS, it has been determined that the function can best be accomplished by integrating the accounting responsibilities of the function with the LOGIS Property Data System now being used by the Assessing Department and leaving the function's other responsibilities with the Engineering Division; and WHEREAS, the splitting of responsibilities can be accomplished by replacing one part -time clerk in the Assessing Department with a full -time Clerk IV and eliminating the position of Engineering Technician II in the Engineering Division; and WHEREAS; the shifting of responsibilities would.result in the reduction of personnel needs by the equivalent of one 30 hour per week employee and subsequent _.: monetary savings; and WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1983 Employee Position and Classification Plan be amended as follows: ASSESSING DEPARTMENT Add one Clerk IV position effective March 1, 1983 ENGINEERING DIVISION Eliminate Engineering Technician II position effective July 1, 1983 BE IT FURTHER RESOLVED to authorize the following amendments to the 1983 City Budget Appropriations: ENGINEERING DIVISION 1. Decrease Salaries, Regular Employees $ 9,852 a 2. Decrease PERA Combined 541 3. Decrease Social Security 660 4. Decrease Hospitalization Insurance 618 5: Decrease Life Insurance 7 RESOLUTION NO. ASSESSING DEPARTMENT 1 1. Increase Salaries, Regular Employees $11,294 2. Increase PERA - Combined 362 3. Increase Social Security 442 4. Increase Hospitalization Insurance 1,237 5. Increase Life Insurance 13 6. Decrease Salaries, Temporary Employees 4,700 UNALLOCATED DEPART12ENTAL EXPENSE 1. Increase Salaries, Regular Employees 3,030 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. f PLANNING TRANSPORTATION r k ARCHITECTURE BENNETT, _SF_LD. JAPVIS, CARDNER, INC 2829 WJCRS AVENUE SE MINNEAPOLIS, MN 55414 PHONE 612/379 -7878 February 1, 1983 Mr. Sy Knapp Public Works Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Knapp: Enclosed is BRWts revised proposal to assist the City in developing a redevelop- ment land use plan for the "Southwest Neighborhood," an area generally bounded by Twin Lakes, 51st Avenue North and TH 100. This submittal supplements the complete proposal submitted in April, 1982. The project team which we will utilize will include myself as Project Manager. While providing the overall management for the project, I will also provide the transportation planning aspect of the study. Jack Lynch, from the Planning Studio, will provide all land use planning while Frank Burg, from the Engineering Studio, will provide all engineering input. As we have discussed, this planning effort must first be compatible with the existing neighborhood and sensitive to the existing conditions and zoning. Second, it will provide the City the necessary background information and alter - native development advantages and disadvantages to intelligently respond to potential development proposals. Lastly, it will be utilized by the City to postion itself with regard to the existing contamination within the Joslyn site. I have also included within this ro osal an alternative for a limited market P P study. It may be implemented at your option. It would provide additonal inforamtion to the City to assess the development proposals as to their market demand and possible absorption timing. I would like to thank you for the opportunity to assist the City of Brooklyn Center on this existing project. I hope the enclosed work program and cost pro - posal meets your needs. If you have any questions, please give me a call. Sincerely, BENNETT- RINGROSE- WOLSFELD- JARVIS- GARDNER, INC. ptl_cx. Richard P. Wolsfel , PE Principal MINNEAPOLIS CHEYENNE DENVER ATTACHMENT A WORD; PPOfG'PAM - SOUTHWEST NE I G11ROPllOOD REDEVELOPMENT STUDY Following is a detailed description of BRW's approach to the Southwest ^Ieiq!`nrhord Redevelopment Study. We would propose the following basic st ps in the planning process. • Site inventory • Development of Alternative Land Use Programs and Refinement of Selected Plan • Implementation Strategy Each of these steps is described below. A) Site Inventory Before beginning to develop alternative programs, a complete inventory of available information regarding the study area will be made. It is assumed that most of the raw data exists and that there will be no need to generate new site data. Such an inventory would include: • Land Use Data - The land use data will be collected, mapped, and analyzed on a parcel -by- parcel basis as well as summarized and ana- lyzed from a Study Area -wide perspective. • Transportation Data - The transportation data to be gathered and analyzed would be: a) traffic volumes on the major streets b) utilization of the current accesses off TH 100 c) future upgrading of TH 100 d) current utilization of Soo Line Railroad • Engineering Data - Collection, mapping and analysis of all environ- mental constraints and opportunities including: a) all major natural features which enhance the study area b) all currently known soil /water contamination sites and their con- dition B) Development of Alternative Land Use /Transportation Programs Based upon input from the City, the neighborhood, and the site inven- tory, BRW will develop a number of alternative land use programs and complementary transportation systems. These alternatives will be diagramatic in nature, with supporting text, describing land uses, vehicular and pedestrian systems, public improvements and associated costs, financing alternatives, and staging. After the alternative programs have been developed they will be exposed to a thorough review by the City staff, and others within the City as appropriate, so that a consensus can be arrived at as to the "best" alternative. After selection of the "best' alternative, BRW will then refine the design through a series of subsequent steps involving alternative design and review sessions, possibly with the larger land owners, leading to an approval of the final refined plan. C3 Implementation Strategy BRW will prepare a plan for implementing the selected land use and transportation concept which would include available implementation tools and organizational framework best meeting the needs of the expected participant private and public sector interests, appropriate project staging, project costs, indentification of the appropriate funding sources, and the sequence of specific actions needed to actually bring the proposed improvement project into fruition. As important, is the strategy for resolution of the Joslyn site con - tamination. To either actively assist in the redevelopment of the Joslyn site or remain in a review and approval position the City must fully understand the nature of the problem and the actions needed to place the site back into a usable condition. The City must also fully understand any and all legal responsibilities it may take on by approving utilization of the site. The specific products of this study would be a bound report including, all site inventory data, alternative concepts, refined concept, and implemen- tation strategy. ATTACHMENT B COST PROPOSAL - SOUTHWEST NEIGHBORHOOD REDEVELOPMENT STUDY Based upon the proposed work program the following estimated hours would be P P P P 9 9 required by BRW: Prin- Senior Prates- Tech - Task cipal Associate Associate sional nician Labor Cost Site Inventory 8 32 16 20 40 $ 4,900 Alternative Programs 32 56 48 40 72 $12,100 Implementation Strategy 32 40 24 60 TOTAL $25,400 BRW would propose that the City of Brooklyn Center would be billed monthly for work performed on an hourly basis at the rate of 2.78 times salary cost. It is assumed that for this cost the City will provide all necessary data and BRW will plan on attending two neighborhood meetings and two city council meeting. Also included are the various meetings with city staff and all reproduction and report costs. For any new soils investigation, traffic data, generation of new data, or additional pu'nlic meetings the City would be billed for additional fees. OPTIONAL MARKET FUDY If the City feels it may want to further reinforce some of the planning decisions made, with regard to the alternative uses, intensities, and their marketability, BRW will provide a market study. This study would analyze the proposed uses with regard to their potential, possible market segments, and possible timing. Based upon the alternative development uses proposed for the study area, we will: • Evaluate highway access and street patterns within the project area as they relate to marketing factors for alternative uses. This will include consideration of possible changes in street patterns. • Evaluate the compatibility of existing uses with alternative uses from a marketing perspective. • Evaluate the effects of development problems on alternative new uses. This will include consideration of potential problems created by soil contamination from previous uses. The market potential for each of the alternatives will be identified and analyzed as follows: • Competitive Position Competitive facilities serving the market area of the redevelopment project will be identified and evaluated. o Survey of Real Estate Professionals Owners, managers, developers and realtors active in this area will be interviewed to determine the current demand or interest for space in this area. This will include, in the case of commercial use, a determination of the types of tenants interested in space and the general rent structure supportable by the market. Residential ana- lysis will include sales prices or rental rates support -able by the market. • Project Market Demand Based on the market research conducted in the previous tasks, the consultant team will identify the market demand for selected redeve- lopment alternatives. Again the Market Study would be implemented at the City's option. BRW would propose to use James B. McComb and Associates to perform the Market Study for a fee of $4,600. If the Market Study is implemented, the total fee would be $30,000. "rw� PLANNING L TRANSPORTATION ENGINEERING ARCHITECTURE BENNETT. RINGROSE, WOLSFELD, JARVIS, GARDNER, INC. 2829 UNIVERSITY AVENUE SE MINNEAPOLIS. MN 55414 PHONE 612/379-7879 April 29, 1982 Mr. Sy Knapp Public Works Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Knapp: We at BRW are pleased with the opportunity to present this enclosed proposal to the City of Brooklyn It is our understanding that we will assist the City In developing a rede- velopment land use plan for the "Southwest Neighborhood an area generally bounded by Twin Lakes, 51st Avenue North and TH 100. The project team which we will utilize will include myself as Project Manager. While pro - viding the overall management for the project, I will provide the transportation planning aspect of the study. Jack Lynch, from the Planning Studio, will provide all land use planning while Frank Burg, from the Engineering Studio, will provide all engineering input. As we discussed during our meeting of April 19, we are proposing to use James B. McComb and Associates and Gary Solomonson Associates, Inc. to provide the market analysis and assessment of the various funding programs* Again, i would like to thank you for the opportunity to assist the City of Brooklyn Center on this existing project. I hope the enclosed work program and cost proposal meets your neods. if you have any questions, please-give ire a call. Sincerely, BENNETT- RINGROSE- WOLSFELD- JARVIS- GARDNER, INC. Richard P. Wolsfeld, PE Principal MINNEAPOLIS CHEYENNE DENVER ATTACHMENT A WORK .PROGRAM - SOUTHWEST NEIGHBORHOOD REDEVELOPMENT STUDY Following is a detailed description of BRW's approach to the Southwest Neighborhood Redevelopment Study. We would propose the following basic steps in the planning process. • Site Inventory • Identification of Economic and Market Potentials • Development of Alternative Land Use Programs and Refinement of Selected Plan • Implementation Strategy Each of these steps is described below. A) Site Inventory Before beginning to develop alternative programs, a complete inventory of available information regarding the study area will be made. It is assumed that most of the raw data exists and that there will be no need to generate new site data. Such an inventory would include: • Land Use Data - The land use data will be collected, mapped, and analyzed on a parcel -by- parcel basis as well as summarized and analyzed from a Study Area -wide perspective. • Transportation Data - The transportation data to be gathered and analyzed would be: a) traffic volumes on the major streets b) utilization of the current accesses off TH 100 c) future upgrading of TH 100 d) current utilization of Soo Line Railroad • Engineering Data - Collection, mapping and analysis of all environmental constraints and oppor- tunities including: a) all major natural features which enhance the study area b) all currently known soil /water contamination sites B) Identification of Economic and Market Potentials The existing uses in the project area will be examined to identify possible redevelopment options. This will include the following tasks: • Review existing uses in the project area, including type of use, locational relationships and physical conditions as they relate to marketing factors for potential uses. • Evaluate highway access and street patterns within the project area as they relate to marketing factors for potential uses. This will include consideration of possible changes in street patterns. • Evaluate the compatibility of existing uses with potential uses from a marketing perspective. • Evaluate the effects of development problems on potential new uses. This will include con- sideration of potential problems created by soil contamination from previous uses. • Identify potential new uses. At this time, potential new uses include industrial /warehouse, offices, multi - family residential and commercial. This analysis will conclude with a joint determination by James B. McCornh & Associates, Gary Solomonson Associates, Inc. and BRW of development types that would be compatible for the site. t1arket P o t e n t i a l A n a l y s i s The market potential for selected redevelopment options will be identified as part of this work element. These redevelopment options might include industrial /warehouse, offices, multi - family residential or com- mercial. The following tasks will be performed for each of the selected redevelopment options: ♦ Competitive Position Competitive facilities serving the market area of the redevelopment project will be identified and evaluated. • Survcw of Real Estate Professionals Owners, managers, developers and realtors active in this area will be interviewed to determine the current demand or interest for space in this area. This will include, in the case of commercial use, a determination of the types of tenants interested in space and the general rent structure supportable by the market. Residential analysis wil.1 include sales prices or rental rates support— able by the market. Project Market Demand Based on the market research conducted in the previous tasks, tha consultant team will identify the market demand for selected redevelopment uses. C) Development of Alternative Land Use Programs Based upon Input from the City, site inventory, and the market analysis, BRW will develop a number of i t alternative land use programs. These alternatives will be diagramatic in nature, with supporting text, describing land uses, vehicular and pedestrian systems, public improvements and associated costs, financing alternatives, and staging. After the alternative programs have been developed,they will be exposed to a thorough review by the City staff, and anyone else the City may deem appropriate, so that a consensus can be arrived at as to the "best's alternative. After selection of the "best" alternative, BRW will then refine the design through a series of subsequent steps involving alternative design and review sessions, possibly with the larger land owners, leading to an approval of the final refined plan. D) Implementation Strategy BRW will prepare a plan for implementing the chosen land use concept which would include available implementation tools and organizational framework best meeting the needs of the expected participant private and public sector interests, appropriate project staging, project costs, indentification of the appropriate funding sources, and the sequence of specific actions needed to actually bring the proposed improvement project into fruition. As important, is the strategy for resolution of the Joslyn site contamination. To either actively assist in the redevelopment of the Joslyn site or remain, in a review and approval position the City must fully understand the nature of the problem and the actions needed to place the site back into a usable condition. The City must also fully understand any and all legal responsibilities it may take on by approving utilization of the site. The specific products of this study would be a bound report including, all site inventory data, market analysis, alternative concepts, refined concept, and implementation strategy. ATTACHMENT B COST PROPOSAL - SOUTHWEST NEIGHBORHOOD REDEVELOPMENT STUDY Based upon the proposed work program the following estimated hours would be required by BRW: Senior Task Principal Associate Associate Professional Technician Site inventory 8 16 16 20 32 Market Analysis 16 Alternative Programs 32 48 48 40 60 Implementation Strategy 24 401.1 16 60 The preceeding estimated person -hours translate into the following labor costs: Task BRW McComb Site Inventory 3,890 Market Analysis 1,200 5,250 � Alternative Programs : 10,940 Implementation Strategy 6,870 1,000 TOTAL $22,900 + $ 6,250 = $29,150 Bf'\W would propose that the City of Brooklyn Center would be billed monthly for work performed on an hourly basis at the rate of 2.78 times salary cost. It is assumed that for this cost the City will pro- vide all necessary data and ORW will plan on attending one neighborhood meeting and one city council meeting. Also included are the various meetings with city staff and all reproduction and report costs. For any new soils investigation, traffic data, generation of new data, or additional public meetings the City would be billed for additional fees. Meitucr introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING EMPLOYEE RETIREMENT INCENTIVE PROGRAM WHEREAS, the City of Brooklyn Center has been subjected to the loss of revenue from the State of Minnesota and other sources; and WHEREAS, these revenue shortages have necessitated and will continue to necessitate the City of Brooklyn Center to reduce its expenditures; and WHEREAS, this reduction in expenditures will result in the loss of funding for centain employment positions with the City of Brooklyn Center; and WHEREAS, it is the policy of the Brooklyn Center City Council to accomplish staff reductions, if possible, through attrition; BE IT RESOLVED BY THE CITY COUNCIL that the City of Brooklyn Center establish an Employee Retirement Incentive Program with the following provisions: 1. Employees qualifying for this program must be eligible for a full retirement annuity under PERA or PERA Police without reduction of benefits because of age on the effective date of their retirement. In addition, to be eligible for this program an employee must have been employed by the City of Brooklyn Center for the last five (5) consecutive years prior to July 1, 1983. 2. To enroll in this program qualified employees must submit a letter of retirement effective on or before December 31, 1985. These letters must be submitted to the City Manager before July 1, 1983. 3 Qualified employees submitting their letters of retirement should understand that once submitted their letter of retirement is final. 4. Positions vacated by employees retiring under this program will not be filled without prior City Council approval. 5. Qualified participating employees will be entitled to receive payment of an amount not to exceed $15,000 per employee calculated by multiplying the number of months between the date on which the employee retires and the employee's or their spouses sixty -fifth (65) birthday (whichever is the greater) times $125 rounded to the nearest full month. This payment is intended Lo reflect the City's desire to allow the retiring employee to maintain current levels of health insurance benefits for themselves or their dependents. RLSOLUTION NO. 6. The City Manager is authorized to administer the Employee Retirement incentive Program and to fund this program from the City of Brooklyn Center Employee's Retirement Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the forgoing resolution was duly seconded by member and upon vete 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. M & C No. 83 -2 January 20, 1983 FM I THE OFFICE OF THE CITY MAryAGER CITY OF BRCOI`LYLI CEZTER Subjects Retirement Incentive Program To the Honorable Mayor and City Council: The following is a report on the feasibility of using some type of retirement incentive program to accomplish staff reduction through attrition rather than layoffs. To attract or encourage retirement the incentive provided, to be effective, must meet a perceived need of those qualifying for retirement. In discussing this question with some of our employees who would be eligible for such a p ro g ram the item most mentioned which was of concern to them was "the cost and r availability of health insurance" for themselves and their spouse. Most appeared to be concerned about the cost and availability of insurance during the time between their retirement and when they or their spouse became eligible for Medicare at age 65. If a program addressed this area it could be attractive. For a program to address the City's needs it would have to accomplish staff reductions on a cost effective basis. In other words the cost of the program should not exceed the savings. Because any program must legally be made available to all City employees, there may be employees retiring under this program from positions for which the City would have to rehire. However, there are other positions whose duties could be merged with or divided among other positions, and as a result the vacancy would not be filled. To assure the economic viability of a program, the City Council would have to have provisions to carefully control the filling of a position, vacated under this program. Further, this program would have to be attractive enough to those qualifying to induce them to retire, as legally the program must be voluntary. We have reviewed various retirement incentive programs in the private sector and some in the public sector. The private sector plans generally involve various combinations of moving up the age of retirement, increasing the retirement benefits, contributing to insurance costs after retirement and severance payments. Because the State Legislature controls our retirement programs, only the latter two options are available to us. Brooklyn Center has an existing severance plan which upon leaving the City after five years of employment an employee is eligible for a lump sum payment amounting to one- third of their unused sick leave. We propose no change in this policy. In the area of contributing to the insurance costs of employees after retirement, we believe there is an opportunity to develop a program which will encourage retirement of qualifying employees and meet the needs of the City of Brooklyn Center. Attached is a resolution which I recommend for your approval. It establishes a retirement incentive program in which there is an open enrollment period which closes on July 1, 1983. It provides for a dollar contribution (maximum $15,000) equivalent to the City's current contribution to health insurance until an employee and/or their spouse reaches age 65. Resignations submitted must be effective on or before December 31, 1985. By structuring the program in this manner we would know prior to the Council's consideration of the 1984 and 1985 Ludgets the number, of positions which will be vacated by retirercent._ This inforrat _on % be invaluable in planning necessary staff reductions and meet legal requirements. lie estimate a maximum of 11 employees would be eligible to retire under this program. Nine of these employees are funded by the General Fund. We estimate that not more than five would sign up for the program. If five employees retire under this program and, on a worst case basis, all five qualified for the full $15,000 payment, the cost to Brooklyn Center would be $75,000. The savings to the 1984 Budget and subsequent Budgets could be as much as $155,000, if none of these positions were filled (an average salary and benefit cost was used to compute this figure). We knaW that all qualified employees are not eligible for the maximum benefit. We also know if certain key positions become vacant, we would have to do some rehiring but the cost of this program even in a worst case scenario would be covered by savings over a one to two year period. We believe this program could help in achieving the Council's goal of accomplishing necessary staff reductions through attrition on a cost effective basis._ This would -be done through encouraging employees already eligible for retirement to retire and create vacancies needed to reduce our staff cost in light of shrinking revenues. Respectfully submitted, Aaa - , 5�� Gerald G. Splin r City Manager CITY OF BROOKLYN CENTER iember introduced the following resolution and move'^' its adoption:;`? '"s RESOLUTION TTO. � fr s R- TSOLUTION AIJTET1DITIG THE 1983 GETTFRAL FUTTD BUDGET TO PROVIDE FOR WAGE AT1D SALARY ADJUSTTTMTTS WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer appropriation balances from one office department, or agency unencumbered , pa , ag y to another within the same fund; and WHEREAS, on September 27, 1982, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1983; and WHEREAS, when said budget was adopted, 1983 salaries and wages for some City employees had not been set; and WHEREAS, the City Council did. appropriate funds for departmental labor and fringe benefits in the amount of $322,283 to Unallocated Departmental Expense (Department #80) to provide funds for 1983 salary and wage settlements; and WHEREAS, except for Police Sergeants, wages and salaries for the calendar: year 1983 have now been set by the Council: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $219,202 from the following Unallocated Departmental Expense (Department #80) appropriations: 01 -4100 Salaries, Regular Employees $ 171647 01 -4141 PERA Regular 2421 01 -4142 PERA- Combined 5571 01 -4143 PERA- Police 5109 01 -4144 Social Security 6549 01 -4151 Hospitalization Insurance 30058 01 -4152 Life Insurance -2318 01 -4157 Deferred Compensation 165 $ 219202 r to the following departmental appropriations: RESOLUTION NO. Depart- Salaries Salaries Salaries PERA PFRA PERA Group Group Deferred ment or Regular Overtime Temp. Basic Coord. Police FICA Health Life Comp. Division 4100 4112 4130 4141 4142 4143 4144 4151 4152 4157 anager $ 9644 366 565 1804 -144 165 -Zections 268 15 18 87 -7 :assessing 5017 6800 650 616 780 -60 7inance 9628 426 306 373 2080 -160 :ovt. Bld 7388 100 1000 466 568 1647 -127 7-1 0lice 51331 2500 1900 119 728 4962 888 10400 -800 , ire 1740 Plan /Insp 10765 500 620 755 1300 -100 _emergency 1788 31 147 38 260 -20 Zineer 13670 300 900 427 594 542 2600 -200 -t,reets 15842 600 900 591 645 785 3484 -268 veh. Main 4792 100 156 188 229 1092 -84 P Admin 8074 100 231 329 400 1560 -120 parks Mtc 13400 300 2300 471 633 772 2964 -228 Total $ 151607 3900 16140 2421 5571 5109 6549 30058 -2318 165 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. -ember introduced the following resolution and moved its adoption: RESOLt1TT0t1 P10. R1 SO UTIOP? AP7 DITTG THE 1983 GT FUND BUDGET TO PROVIDE FOR WAGE At1D SALARY ADJUMMTS WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City 'Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund; and WHEREAS, on September 27, 1982, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1983; and WHEREAS, when said budget was adopted, 1983 salaries and wages for some City employees had not been set; and 'j WHEREAS, the City Council did appropriate funds for departmental labor and fringe benefits in the amount of $322,283 to Unallocated Departmental Expense (Department #80) to provide funds for 1983 salary and wage settlements; and SAS, except for Police Sergeants, wages and salaries for the calendar Year 1983 have now been set by the Council: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $219,202 from the following Unallocated Departmental Expense (Department #80) appropriations: 01 -4100 Salaries, Regular Employees $ 171647 01 -4141 PERA- Regular 2421 01 -4142 PERA- Combined 5571 01 -4143 PERA- Police 5109 01 -4144 Social Security 6549 01 -4151 Hospitalization Insurance 30058 01 -4152 Life Insurance -2318 01 -4157 Deferred Compensation 165 $ 219202 to the following departmental appropriations: RESOLUTION NO. } Depart- Salaries Salaries Salaries PFRA PFRA PERA Group Group Deferre( ment or Regular Overtime Temp. Basic Coord. Police FICA Health Life Comp. Division 4100 4112 4130 4141 4142 4143 4144 4151 4152 4157 tanager 9644 366 565 1804 -144 165 Elections 268 15 18 87 -7 Assessing 5017 6800 650 616 780 -60 a inance 9628 426 306 373 2080 -160 =: -ovt. Bld 7388 100 1000 466 568 1647 -127 Police 51331 2500 1900 119 .728 4962 888 10400 -800 ire 1740 Plan/Insp 10765 500 620 755 1300 -100 Emergency 1788 31 147 38 260 -20 Engineer 13670 300 900 427 594 542 2600 -200 Streets 15842 600 900 591 645 785 3484 -268 Veh. Main 4792 100 156 188 229 1092 -84 R&P Admin 8074 100 231 329 400 1560 -120 Parks Mte 13400 300 2300 471 633 772 2964 -228 Totpl $ 151607 3900 16140 2421 5571 5109 6549 30058 -2318 165 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA POLTC_E RECRUITT SYF WHEREAS, the City of Brooklyn Center is authorized by Minnesota Statutes 471.59 to enter into joint and cooperative agreements with other governmental units; and WHEREAS, the City currently is a member of the Suburban Police Recruitment System (SPRS), a joint powers organization formed to recruit candidates for entry -level police positions in the cooperating governmental units and to assist the coo_reratina_ uovernmental units in evaluating candidates for these positions; and WHEREAS, it now has been proposed that the SPRS be reformed on a statewide basis, and a Joint and Cooperative Agreement accomplishing such a reformation has been presented to and reviewed by this City Council; and WHEREAS, this Council has determined that it will be advantageous to the City to participate in the reformed organization; NOW, THEREFORE BE IT RESOLVED by the City Council of th e City of Brooklyn Center, Minnesota, as follows: 1. Dissolution of the SPRS hereby is requested, with all assets of the SPRS to be transferred to the newlyformed Minnesota Police Recruitment System (MFRS). 2. The Mayor and the City Manager hereby are authorized to execute, on behalf of the City, the Joint and Cooperative Agreement which establishes the MPRS and which provides for City participation therein. 3. City Manager, Gerald G. Splinter and Chi James of Police, e Lindsay hereby are designated as the City's initial Director and Alternate Director, respectively, in the MPRS. 4. The City Clerk hereby is directed to file a duly executed copy of the Joint and Cooperative Agreement as provided therein, together with a certified copy of this Resolution. Date Mayor or a ATTEST: Clerk RLSOLUTZON: 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. e SUB URBA N DU CT j _ ? I!, C x? JI7'AI Emil' S YS �'.�M 109 S. BUSHAWAY ROAD • WAYZATA, MINNESOTA 55391 SUITE 220 • PHONE (612) 475 -1771 f January 3 1983 Dear SPRS Member: Enclosed are two copies of the joint powers agreement which would reform the SPRS on a statewide basis. Also enclosed is a memorandum from Larry Thompson explaining this agreement and a sample resolution for its adoption in your community. These materials are being sent to only one person within each community, so please see that they receive the proper distribu- tion. The enclosed agreement represents several months' effort on part of the SPRS. This agreement is being recommended for your approval by a unanimous vote of the SPRS Board of Directors. It also has been approved by the System's attorney, Clayton LeFevere. Please note that a resolution approving the enclosed agreement must be adopted by your community prior to March lst A fully executed copy of this agreement, together with a certified copy of the resolution, also must be received in the SPRS offices by March lst. If you have any questions regarding this matter, please feel free to contact either Larry Thompson or me. Very truly yours, ?James Lacina SPRS President S UBURBAN POLICE RFTY ?UII'.1f��'ATT SYSTEM 109 S. BUSHAWAY ROAD a WAYZATA, MINNESOTA 55391 SUITE 220 • PHONE (612) 475 -1771 MEMO TO: All SPRS Members FROM: Larry Thompson, Consultant to the SPRS SUBJECT: Proposed Joint Powers Agreement Reforming the SPRS on a Statewide Basis The purpose of this memorandum is to provide you background information on the enclosed joint powers agreement, which would reform the SPRS on a statewide basis. In particular, I will try to highlight the differences between this agreement and the agreement which originally established the SPRS. Structure of the System (Articles I, II and III) The first obvious change, of course, is that the new System would be formed on a statewide basis. Membership would not be limited to suburban, metropolitan communities. Thus, the name change to the Minnesota Police Recruitment System (MPRS). A second change is the broadening of membership to include non- municipal law enforcement agencies which have positions comparable to that of a police officer. It is assumed that these agencies primarily would be "joint powers" police departments and sheriff's departments which provide community police services. In no case could any governmental snit be admitted to membership until it has been determined that the validity of the System's evaluation process would not be impaired (Section III - Role of the Board of Directors (Articles IV, V and VI) Under the proposed agreement a significant amount of authority would flow through the Board of Directors to the Executive Committee. However, certain authority could not be delegated by the Board (Section VI -6), and the flow of authority to the Exective Committee could be restricted or conditioned in any manner which the Board deems appropriate. These provisions closely parallel the SPRS Board's emergency resolution dele- gating authority to the Executive Committee. The proposed agreement also compensates for the problems which have heen expo r i :nrecI in hold i SPRS Board meetings. The MP Zs i�oard of Directors would eet on a regular basis only once pr :- r�- r_ , at whir lj ti_ e t;ic- �v -- ,��l.d xc or>t a budget for the f a:�lr r�r g year, elect, t� ec ; t Committee, and take any �_ 1 _� ti re y u ; r 1uC; of the LUIRS Board would be the representatives of ten members. Role of the Executive Committee (Articles VII, VIII and IX) Under the proposed agreement the Executive Committee would be responsible for day -to -day operations of the MPRS, rather than the Board of Directors. While a greater amount of authority thus is delegated tothe Executive Committee, major "checks" upon the Committee become the System's budget and the restric- tions or conditions placed upon the Committee by the Board. The Executive Committee would be expanded to nine members, who would reflect the "geographic balance" of the MPRS. Wording also has been added to the agreement to insure a continuous membership on the Executive Committee, as this will become critical. Election of Officers (Article X) The officers of the MPRS would be the same as for the SPRS, except that the Executive Committee could appoint a Deputy Secretary- Treasurer. Under the proposed agreement the Board would elect an Executive Committee, and the Committee itself then would elect MPRS officers. Provisions also have been made to insure the continuity of officers. Administrative Provisions (Remaining Articles) There are few changes in remaining sections of the proposed agreement. Those changes which were made resulted from problems that have occurred under the present agreement. For example, Section XI -4 provides for the termination of a member which has not paid an amount due the MPRS, and Section XIII -1 clarifies how a member may withdraw from the MPRS -2- JOINT AND COOPERATIVE AGREEMENT MINNESOTA POLICE RECRUITMENT SYSTEM PREAMBLE. The parties hereto are governmental units of the State of Minnesota. This agreement is made and entered into pur- suant to Minnesota Statutes §471.59. I. General Purpose The general purpose of this agreement is to establish and provide the operating framework for a joint powers organization which will recruit candidates for entry - level police positions and other comparable law enforcement positions for the cooperating governmental units and which will assist the cooperating governmental units in evaluating candidates for these positions. II. Definitions For the purposes of this Agreement, the following words and terms shall have the meanings given them herein: Section 1. Board of Directors; Board - the Board of Directors of the Minnesota Police Recruitment System. Section 2. Executive Committee; Committee - the Executive Committee of the Minnesota Police Recruitment System. Section 3. Member - any governmental unit which has entered into this agreement and which is in compliance with the provi- sions hereof. Section 4. Minnesota Police Recruitment System (MPRS) - the joint powers organization established pursuant to this agreement. III. Membership Section 1. Any governmental unit in the State of Minnesota which provides police services or other comparable law enforce- ment services shall be eligible to become a member of the MPRS. Section 2. Charter members of the MPRS shall be those governmental units which join the organization prior to March 1, 1983, and which at that time are members of the Suburban Police Recruitment System (SPRS) or have valid contracts for services with the SPRS. Section 3. Any governmental unit eligible to become a charter member of the MPRS may indicate its desire to do so by filing a duly executed copy of this agreement with the Suburban Police Recruitment System, 109 South Bushaway Road, Wayzata, MN 55391. Said agreement shall be accompan'_ed by a certified copy of a resolution adopted by the governing body of that governmental unit authorizing execution of this agreement and designating that unit's initial Director and Alternate Director. This agreement shall become effective when it has been duly executed by ten eli- gible governmental units and when copies of the agreements from these units have been filed as set forth herein. Section 4. Governmental units desiring to join the MPRS on or after March 1, 1983, shall be admitted upon a favorable vote of the Executive Committee. However, no governmental unit shall be admitted to membership until the Executive Committee has determined that such admission would not be likely to result in impairing the validity of the MPRS evaluation process. The Board -2- of Directors and the Executive Committee may impose such other conditions upon-the admission of members, other than charter mem- bers, as either deems appropriate. IV. Board of Directors Section 1. The governing body of the MPRS shall be its Board of Directors. Each MPRS member shall be entitled to appoint one Director to the Board, who shall have one vote. Each member also shall be entitled to appoint one Alternate Director to the Board, who may attend meetings of the Board and who may vote in the absence of that member's Director. Section 2. Directors and Alternate Directors shall be appointed by a resolution of each member's governing body. Section 3. The MPRS shall be notified of the appointment of a Director or an Alternate Director by the appointing ittember filing with the Secretary- Treasurer a copy of the resolution making the appointment. Accompanying this resolution shall be the mailing address of the person so appointed, to be used by the Secretary- Treasurer as that person's official address for the purpose of giving any notice required either by this agreement or by bylaws of the Board. Section 4. Directors and Alternate Directors shall be appointed to serve until their successors are appointed and qualified. Section 5. A Director or Alternate Director may be removed from the Board at any time, with or without cause, by a resolu- tion of the governing body originally appointing that person to -3- the Board. The MPRS shall be notified of the removal of a Director or Alternate Director by the removing member filing with the Secretary- Treasurer a copy of the resolution effecting said removal. Section b. Any vacancy on the Board shall be filled by the governing body 'of the member whose position on the Board is vacant. Section 7. There shall be no voting by proxy. All votes must be cast in person at Board meetings by a member's Director or Alternate Director. Section 8. If at any time a member is in default on any agreement with the MPRS or is in arrears on any dues or charges of the MPRS, during the existence of such default or arrearage the voting rights of that member shall be suspended. V. Meetings of the Board Section 1. The first meeting of the Board shall be held during the month of March, 1983. At this meeting the Board shall elect its first Executive Committee. Thereafter, a regular annual meeting of the Board shall be held each year during the months of August or September to elect a new Executive Committee, to adopt an annual budget for the following year, and to act upon any other matters coming before it. Section 2. A quorum at any meeting of the Board shall be the Directors or Alternate Directors of ten (10) MPRS members in good standing. -4- Section 3. At the first meeting of the Board, or as soon thereafter as is reasonably possible, the Board shall adopt bylaws governing its meetings and procedures Such bylaws may be amended from time to time as provided therein. Section 4. The specific date, time and location of annual and special meetings of the Board shall be determined by the Executive Committee. Section 5. Notice of the annual meeting of the Board shall be mailed to the Directors and Alternate Directors by the Secretary- Treasurer at least fifteen (15) days in advance of the meeting, and an agenda for the meeting shall accompany the notice. However, business at the Board's annual meeting shall not be limited to matters set forth on the agenda. Section 6. Special meetings of the Board shall be called by the President, by the Executive Committee, or by the Secretary Treasurer upon the written request of ten Directors. Notice of a special meeting of the Board shall be mailed to the Directors and Alternate Directors by the Secretary- Treasurer at least five (5) days in advance of the meeting, and an agenda for the meeting shall accompany the notice. Business at special meetings of the Board shall be limited to matters set forth on the agenda. VI. Powers and Duties of the Board Section 1. The Board shall take such action as it deems necessary and appropriate to accomplish the general purposes of the MPRS and to provide the services contemplated herein. Such -5- action shall include, but not be limited to, the establishment and operation of a cooperative recruitment and placement system for entry -level police positions and other comparable law enfor- cement positions and the establishment and operation of uniform testing and evaluation procedures for these positions. These activities and any other activities authorized by this agreement or authorized at an annual or special meeting of.the Board may be undertaken in any one or more of the methods outlined herein. Section 2. The Board shall have full control over and man- agement of its affairs, which shall include the powers (a) to enter into contracts, leases or similar agreements with others; (b) to provide for the prosecution, defense or other par- ticipation in actions or proceedings at law in which it may have an interest; (c) to employ such persons as it deems necessary on a full -time, part -time or consulting basis; (d) to conduct research into any police selection matter; (e) to purchase, hold and dispose of property, both real and personal; and (f) to contract for space, commodities or personal services with any member or group of members. Section 3. The Board shall have the authority to establish a method for sharing operating costs of the MPRS. This authority shall include, but not be limited to, the establishment of mem- bership dues and fees, charges for services to members or non- members, and charges for services to applicants or potential applicants for employment. However, any charges to applicants or potential applicants for employment shall be limited to the -6- organization's actual cost of administering and scoring candidate testing and evaluation procedures. Section 4. The Board may accept gifts, may apply for and use grants or loans of money or other property from the state or federal governments or from any other governmental unit, may enter into any agreements required in connection therewith, and may hold, use and dispose of such moneys or property in accor- dance with the terms of the gift, grant, loan or agreement relating thereto. Section 5. The Board shall adopt an annual budget for the MPRS, in accordance with the applicable provisions of this agreement. Said budget shall provide the operating framework for the MPRS each year, and the collection and expenditure of funds contemplated therein may be conditioned in any such additional manner as the Board deems appropriate. Section 6. The Board may delegate authority to the Executive Committee between Board meetings, which may be conditioned in any such manner as it deems appropriate. However, the Board may not delegate its authority to increase membership dues or other charges to members, to adopt an annual budget, to terminate mem- bers, to elect an Executive Committee or to change representation on the Executive Committee. Section 7. The Board may restrict any authority otherwise given to the Executive Committee by this agreement in any such manner as it deems appropriate. Any such restriction of author- ity shall be made by a resolution of the Board. -7- Section 8. The Board may exercise such other powers and duties as are incidental to the above powers and duties, but which may be required to implement and carry out this agreement. VII. Executive Committee Section 1. The Board shall have an Executive Committee con- sisting of nine directors, who shall be elected at the first meeting of the Board held during the month of March, 1983. Thereafter, the Executive Committee shall be elected by the Board on an annual basis at its regular annual meeting. Section 2. Representation on the Executive Committee shall provide geographic balance, to the extent reasonably possible, reflecting the actual membership of the MPRS. Initial represen- tation on the Executive Committee shall be on the following basis: From Anoka County - one member From Dakota County - one member From Hennepin County - two members From Ramsey County - one member From Washington County - one member From Carver and Scott Counties - one member From outside the seven - county metropolitan area - two members Methods for achieving balanced presentation on the Executive Committee shall be considered by the Board from time to time, and such representation may be changed by the Board at any annual or special meeting. -8- Section 3. A vacancy shall occur on the Executive Committee in the following instances: (a) Upon the resignation or death of a Committee member; or (b) In the case of a Committee member who was an employee of a member governmental unit at the time of his /her election to the Committee, upon his/her ceasing to be an employee of that member. Upon such an occurrence the Executive Committee shall fill the vacancy on an interim basis until the next meeting of the Board, notwithstanding the provisions of Section VI -6 hereof. VIII. Meetings of the Executive Committee Section 1. The Executive Committee shall meet as soon as reasonably possible following the first meeting of the Board. Thereafter, it shall meet as often as necessary to insure the continued efficient operation of the MPRS. Section 2. A quorum at any meeting of the Executive Committee shall be five Committee members. Section 3. The Executive Committee may adopt bylaws governing its own meetings and procedures. Such bylaws, if adopted, shall be subject to this agreement, to the bylaws of the Board, and to any applicable resolution or other directive of the Board. Section 4. The Executive Committee shall meet at the call of the President or upon the call of any two other members of the Committee. The date, time and location of a Committee meeting shall be established by the person or persons calling the -9- meeting. At least forty -eight (48) hours advance notice of any meeting of the Executive Committee shall be given to all members of the Committee by said person or persons. IX. Powers and Duties of the Executive Committee Section 1. The Executive Committee shall be responsible for day -to -day operations of the MPRS. Subject to provisions of the adopted budget and to any other restrictions placed upon its authority by the Board, the Executive Committee shall have those powers given to the Board in Section VI -2 of this agreement. Section 2. Each year the Executive Committee shall prepare a proposed budget for the MPRS for the ensuing calendar year, which shall be submitted to the Board at least fifteen (15) days in advance of the Board's annual meeting. The Executive Conunittee shall receive and disburse funds of the MPRS in accordance with the final budget for the organization subsequently adopted by the Board and in accordance with any other restrictions or directives of the Board relative thereto. The letting of contracts, the making of purchases and the disbursement of funds also shall be made in accordance with Minnesota Statutes §471.59, Subdivision b 3, as far as practicable with the methods p rovided y law for statutory cities, and with all applicable bylaws of the MPRS. Section 3. The Executive Committee shall cause an indepen- dent audit to be made of the MPRS each year, and it shall make an annual financial report in writing to MPRS members as soon as reasonably possible following the end of each year. The books and records of the MPRS also shall be available and open to exam- ination by MPRS members at any reasonable time during the year. -10- Section 4. Subject to provisions of the adopted budget and to any other restrictions placed upon it by the Board, the Executive Committee may appoint, fix the conditions of employ - went and remove any employee of the MPRS, and it may negotiate and enter into contracts with consultants and contractors to the MPRS. The Executive Committee shall direct and supervise the activities of all employees of the MPRS and of all consultants and contractors to the MPRS. Section 5. The Executive Committee shall exercise those powers and duties which specifically are delegated to it by the Board, subject to such conditions and restrictions as may be placed upon it by the Board. The Executive Committee also may exercise such other powers and duties as are incidental to the above powers and duties, which are not otherwise restricted and which may be required to implement and carry out its respon- sibilities. X. Officers Section 1. The officers of the MPRS shall consist of a President, a Vice President and a Secretary- Treasurer, all of whom shall be elected from the membership of the Executive Committee. These officers shall be elected by the Committee at its first meeting following the Board meeting of March, 1983. Thereafter, they shall be elected by the Committee at its first meeting following the regular annual meeting of the Board, which shall occur soon as reasonably possible. Section 2. Upon the resignation of an officer or upon an officer's ceasing to be a member of the Executive Committee, as -11- provided in Section VII -3 hereof, a vacancy shall occur in that office. Upon such an occurrence the Committee shall fill the vacant position at its next meeting. g Section 3. The President shall preside at all meetings of the Board and of the Executive Committee. The Vice President shall act as President in the absence of the President. Section 4. The Secretary- Treasurer shall be responsible for keeping a record of all proceedings of the Board and of the Executive Committee, for the custody of all MPRS funds, for the keeping of all financial records of the MPRS, and for such other matters as may be delegated to this position by the Board or by the Committee. The Executive Committee may designate one of its members as a Deputy Secretary - Treasurer, to serve in the absence or disability of the Secretary- Treasurer - and to assist the Secretary- Treasurer in such a manner as it deems appropriate. Section 5. The President or Vice President and the Secretary- Treasurer or Deputy Secretary- Treasurer shall sign all vouchers disbursing funds of the MPRS. XI. Financial Matters Section 1. The fiscal year for the MPRS shall be the calendar year. Section 2. An annual budget for the MPRS shall be adopted by the Board at its regular annual meeting, as provided in Section VI -5 hereof. Notice of the adopted budget shall be mailed promptly thereafter to the chief administrative officer of each member. This budget shall be deemed approved by each member -12- unless, prior to December 1st of that year, a member gives writ- ten notice to the Secretary - Treasurer that it is withdrawing from the MPRS at the end of the year, in accordance with Section XIII -1 hereof. Section 3. Billings from the MPRS to members shall be due and payable within thirty (30) days of being rendered. In the event of a dispute regarding an amount which is due and payable, a member nevertheless shall make the payment in order to preserve its membership status, but such payment may be made under protest and without prejudice to dispute the bill and to exercise any remedies available to it. Section 4. Any member whose bill has not been paid within sixty (60) days after a billing shall be in default, and that member's voting privileges shall be suspended, as provided in Section IV -8 hereof. Any member whose bill has not been paid within one hundred twenty (120) days after a billing may have its membership in the MPRS terminated by the Board. XII. Administrator Section 1. An administrator of the MPRS may be appointed by the Board or by the Executive Committee, upon specific authoriza- tion by the Board. Such an admministrator may be employed on a full -time, part -time or consulting basis. Section 2. An administrator, if appointed, shall have only those powers and duties which specifically are delegated to him /her by the Executive Committee. An administrator shall report to the Executive Committee, which shall be responsible for directing and supervising his /her activities. -13- XIII. Withdrawal Section 1. Any member may withdraw from the MPRS upon thirty (30) days written notice to the Secretary-Treasurer. Such notice Y y shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. Section 2. The withdrawal of a member shall not affect that member's obligation to pay any fees or charges for which it may be obligated under this agreement. XIV. Dissolution Section 1. The MPRS may be dissolved by a two- thirds (2/3) vote of all MPRS members in good standing. Such a dissolution shall be required when the Secretary- Treasurer has received cer- tified copies of resolutions adopted by the governing bodies of the required number of members requesting dissolution of the q g MPRS. Section 2. In the event of a dissolution, the Executive Committee shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Section 3. In the event of a dissolution, following the payment of all outstanding obligations, all assets of the MPRS shall be distributed among the then existing members in direct proportion to their cumulative annual membership contributions. -14- Should such obligations exceed assets of the MPRS, the net defi- cit of the MPRS shall be charged to and paid by the then existing members in direct proportion to their cumulative annual mem- bership contributions. XV. Duration This agreement shall continue in effect indef- initely, unless terminated in accordance with the terms hereof. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed and delivered on its behalf. IN THE PRESENCE OF: GOVERNMENTAL UNIT: BY (Title) RECEIVED AND FILED And by the MPRS this day of 19 (Title) • -15- I Member introduced the following resolution and moved its adoption: RISOLUTION NO RESOLUTIO:i AU^I?ORIIING EXTECUTION OF AN AGREEMENT BETWEEN THE CITY OF BROOYLY'T CENTER AND SUJBI IT , A' C Odi�IU NITY SER WHEREAS, Suburban Community Services provides recreational services to persons with disabilities in Brooklyn Center; and WHEREAS, Suburban Cor!'.unity Services and the eight northwest suburban communities participating in the cooperative programming contract did contend that a one -half tire professional to coordinate the programs for persons who are handicapped would be efficient and cost effective; and WHEREAS, the cost to the City for such services shall be $1,105 for calendar year beginning January 1, 1983 payable in one installment not later than December 1, 1983: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute the contract agreement between the City of Brooklyn Center and Suburban Community Services. 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. MEMO TO: G. G. Splinter, City -Ian 1 1 / FROM Gene Hagel, Director of Parks Recreation, %,, : March 1 DATE , 198 3 SUBJECT: Contract to provide service for the Handicapped The attached contract is a renewal of an agreement the City has with Suburban Community Services regarding programming for the handicapped. I recommend that the contract be continued for the year 1983. Rationale: In the past, the Recreation Departments from the eight communities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, . New Hope, Plymouth and Robbinsdale, have been jointly offering programs for children and adults who are handicapped. This operation has required that various persons from the eight communities handle the organization, plannings, finances, supervision, with parents administration, p hiring, publicity, admini , and communication and participants. In order to provide for more effecient and effective programs, the eight communities propose to renew the contract with S.C.S. on an annual basis to provide a part -time professional. person to coordinate the existing programs for the handicapped. The Coordinator will have the following responsibilities: work closely with representatives from the eight communities in the planning and evaluation of the programs, handle the financial coordination of the programs, provide for the supervision of part-time program staff including the recruiting, hiring, orientation, supervision, and evaluation, act as a direct program leader wherever appropriate, handle the administration of the programs, act as the main communication contact with parents, participants, and other agencies. i Each community will be responsible for providing a representative to meet as needed to assist with planning and evaluation. Programs will consist of the following five social development programs for children and adults who are mentally and physically handicapped. T 1. Summer Recreation /Education Program 2. Fall, Printer, Spring, Saturday Afternoon Program 3. Fall, Winter, Spring, Friday Evening Program 4. Summer Softball Program 5. Summer Evening Program The benefits of this proposed plan are: 1. Provides for financial coordination of all programs. 2. Provides for administrative coordination of all programs. 3. Provides for supervisory coordination of all programs. 4. Alleviates duplication of time and energy of staff from the various communities. S. Provides central communication source. 6. Provides a cost effective approach to programming, eliminating duplication of office supplies, bookkeeping, postage, etc. 7. Provides continual contact and communication between supervisor, staff and program. 8. Allows for mechanism for expansion of programs. S. Is compatible with S.C.S mission and fiscal planning. 10. Is supported by the Northwest Human Services Council. The cost to Brooklyn Center has been budgeted in Recreation account 4310 - 65. • y. CITY OF BROOKLYN CENTER { PARKS AND RECREATION 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5448 BROOKLYN CENTER February 9, 1983 PARKS AND RECRERTION Jerry - These are the programs being operated for the handicapped under our agreement with Suburban Community Services. Winter Friday Night Fever - for 1S -30 year olds at Northport Schooland in Plymouth at Pilgrim Lane School Saturday Action - for TMR 6 -14 year olds at Thorson School, Crystal Saturday Rainbow Kids for EMR 6 -14 year olds in Maple Grove at Eagle Lake Community Center Dancercise _ for 6 -14 year olds at New Hope Ice Arena for 1S -up at New Hope Ice Arena Play to Grow - A family program in Golden Valley at Brookview Community Center Also Cooking, crafts at various locations Summer (Proposed) Wednesday Night Fever (Same as Friday Night Fever) at Community Center and at Northwood School in Plymouth August Action - Playground activities - two days a week in Golden Valley Sports Night - includes softball, volleyball, etc. one night a week, seven weeks, at New Hope Fall (Proposed) Physical Education program for physically handicapped - sponsored jointly with Mankato State University location to be determined CONTRACT AGRU'EIvIENT BETWEEN THE CITY OF BROOKLYN CENTER AND SUBURBAN CO�INMUNITY SERVICES WHERAS The Cit y y of Brook Center (Hereinafter called the "City ") is in agreement for Suburban Community Services (herenafter called the "Contractor ") to provide the services specified in the proposal for delivery of services to person with disabilities: and WHEREAS, Suburban Community Services and the eight northwest communities did contend that a one -half time professional to coordinate the programs for persons who are handicapped would be efficient and cost effective; and WHEREAS, the cost to the City for such services shall be one thousand one hundred five ($1,105.00) for the calendar year beginning January 1, 1983, payable in one installment not later than Dexenber 1, 1983. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center w' Suburban Community contract with n y Services for a coordinator of programs for the handicapped according to the proposal. CITY OF BROOKLYN CENTER 14AYOR DATE CITY MANAGER SUBURBAN COMMUNITY SERVICES DATE f Member introduced the following resolution and moved its adoption: RESOLUTIO3 NO. RESOLU 7 \T)0PT TNr Ti '.'; 19 8.'. MULTI HOUSING DEVELOPMENT BON PROGP.AM WHIPEAS, Minnesota Statutes Ci,aptcr 462C (the "Act ") authorizes the City of Brooklyn Center (the "City ") to develop and administer programs of making or purchasing loans to finance multifamily housing developments located within its boundaries for rental primarily to elderly persons; and WHEREAS, the City has prepared a 1983 Multifamily Housing Development Bond Program (the "Program ") for the issuance of bonds to make a loan to finance the construction of a 65 unit multifamily rental apartment facility for the elderly, known as the "Brookwood Manor" to be undertaken by Brutger Companies, Inc. (the "Project "); and WHEREAS, the City on Septc ner 21, 1982 adopted the Housing Plan (the "Plan ") for the City, and on the date hereof amended the Plan to include the Program; and WHEREAS, the City will submit the Plan, as amended, to the Metropolitan Council for review; and W EREAS, the City has considered (1) the availability and affordability of other government housing programs for the elderly; (2) the availability and affordability of private market financing for construction of multifamily housing development for the elderly; (3) an analysis of population trends; and.(4) the recent housing trends of the City and future housing needs in the City; and WHEREAS, the City Council has further considered (1) the amount, timing and sale of bonds to finance the estimated amount of the loan to be made under the Program and to pay the costs of issuance; (2) the method of administering and supervising the Program; (3) the cost to the City, including future administrative expenses; and (4) certain other limitations; and WHEREAS, the City Council has held a public hearing regarding the Program for which hearing notice was duly published in the Minneapolis Star and Tribune on January 12, 1983. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. That the 1983 Multifamily Housing Development Bond Program as is on file with the City Clerk is hereby in all respects adopted; and 2. That the City Manager is authorized and directed to submit the 1983 Multifamily Housing Development Bond Program together with any supporting documentation to the Minnesota Housing Finance Agency for review and approval pursuant to Section 4, Subdivision 2 of Minnesota Statutes Chapter 462C, and to do all other things and s RLSOLU`I`ION NO. take any m other actions as be necessary or appropriate to carry Y out the Program in accordance with the Act and any other applicable laws or regulations; and 3. That preliminary approval is hereby given for the issuance of revenue bonds in an amount presently estimated not to exceed $3,450,000, pursuant to the Act to finance construction of the Project by Brutger Companies, Inc. Date Chairman The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER, MINNESOTA 1983 MULTIFAMILY HOUSING DEVELOPMENT PROGRAM Pursuant to Minnesota Statutes Chapter 462C, as amended in 1982, the City of Brooklyn Center (the "City ") has been authorized to develop and administer a program or programs to make or purchase a loan or loans to finance multifamily housing developments, including rental apartment facilities located anywhere within its boundaries, for occupancy primarily by elderly persons. In creating its housing finance program, the City Council of the City has found and determined that the preservation of the quality of life in the City is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the citizens of the City; that a need exists 'within the City of Brooklyn Center to provide in a timely fashion additional and affordable rental housing to elderly persons residing and expected to reside in the City. The City Council of the City in establishing this multifamily housing program, has considered the information contained in the City of Brooklyn Center_ Housing Plan, including particularly (i) the availability and affordability of private market construction and long term financing for the construction of rental apartment facilities; (ii) an analysis of population and employment trends and projections of future population trends and future employment needs; (iii) the recent housing trends of the City and future housing needs in the City; and (v) an analysis of how the program will meet the needs of elderly persons and families residing and expected to reside in the City. The City hereby establishes a program to provide construction and long term financing in an amount not to exceed $3,450,000 to Brutger Companies, Inc. for the construction of its approximately 65 unit rental apartment facility designated -1- Brookwood Manor (the "Project ") within the boundaries of the City. The Project will provide rental housing primarily for elderly persons. Not less than twenty percent (20 %) of the units in the Project will be held for occupancy by individuals or families with an adjusted gross income not in excess of eight percent (80 %) of the median family income for the Minneapolis standard metropolitan statistical area. To provide financing for the Project the City will issue its revenue bonds in an amount not to exceed $3,450,000 (the 'Bonds "), which revenue bonds shall be payble exclusively from the revenues of the Project. -2- Member introduced the following resolution and moved its adoption: RESOLUTION NO. t RESOLUTI: T I N Dl r THE 110U�;It G PLAN FOR THE CITY OF BROOKLYN C ENTER PUR SUANT TO i:Iid1 F.S STATUTES, CHAPTER 462C WHEREAS, Minnesota Statutes Chapter 462C (the "Act ") authorizes the City of Brooklyn Center (the "City ") to develop and administer programs of making or purchasing loans to finance one or more multifamily housing developments located within its boundaries for rental primarily to elderly or handicapped persons; and WHEREAS, the Act requires the adoption of a housing plan (the "Housing Plan ") after a public hearing held after the publication of notice of the hearing at least thirty (30) days prior to the public hearing; and WHEREAS, the City on September 21, 1982, adopted a Housing Plan for the City pursuant to the requirements of the Act, and authorized and directed the City Manager to submit the plan to the Metropolitan Council for review; and WHEREAS, the City desires to amend its Housing Plan to include a program for making or purchasing loans to finance a multifamily housing development for rental primarily to elderly persons, designated the 1983 Multifamily Housing Development Program; and WHEREAS, on January 12, 1983 notice of a public hearing to be held on February 14, 1983 to consider such amendment to the Housing Plan was duly published in the Minneapolis Star and Tribune and WHEREAS, the City has prepared such amendment to the Housing Plan pursuant to the Act; and WHEREAS, on the date hereof the City Council held a public hearing on such amendment to the Housing Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. That the amendment to the Housing Plan consisting of the addition to the Housing Plan of the 1983 Multifamily Housing Development Bond Program as is on file with the City Clerk is adopted; and 2. That the City Manager is authorized and directed to resubmit the Housing Plan to the Metropolitan Council for additional review and comment. Date Mayor ( RESOLUTION NO. e ATTEST Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant S DATE: February 11, 1983 SUBJECT: Tax Exempt Financing for Brutger The Council will be asked Monday night to pass a resolution amending the Housing Program submitted to the Metropolitan Council on September 21, 1982. The amendment would allow the establishment of a program to provide construction long term financing, in an amount not to exceed $3,450,000, to the Brutger Companies for the construction of 65 rental units specifically designed for the elderly. It should also be noted that not less than 20% of the project . will be held for individuals whose gross income does not exceed 800 of the median family income in the metropolitan area. Like an industrial revenue bond, such taxt exempt financing is not guaranteed by the City of Brooklyn Center. AMENDMENT TO THE HOUSING PLANT • The Housing Plan of the City of Brooklyn Center adopted on September 21, 1982, is hereby amended by adding the following Multifamily Housing Development Program. CITY OF BROOKLYN CENTER, MINNESOTA 1983 MULTIFAMILY HOUSING DEVELOPMENT PROGRAM Pursuant to Minnesota Statutes Chapter 462C, as amended in 1982, the City of Brooklyn Center (the "City ") has been authorized to develop and administer a program or programs to make or purchase a loan or loans to finance multifamily housing developments, including rental apartment facilities located anywhere within its boundaries, for occupancy primarily by elderly persons. In creating its housing finance program, the City Council of the City has found and determined that the preservation of the quality of life in the City is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the citizens of the City; that a need exists within the City of Brooklyn Center to provide in a timely fashion additional and affordable rental housing to elderly persons residing and expected to reside in the City. The City Council of the City in establishing this multifamily housing program, has considered the information contained in the City of Brooklyn Center Housing Plan, including particularly (i) the availability and affordability of private market construction and long term financing for the construction of rental apartment facilities; (ii) an analysis of population and employment trends and projections of future population trends and future employment needs; (iii) the recent housing trends of the City and future housing needs in the City; and (v) an -1- analysis of how the program will meet the needs of elderly, persons and families residing and expected to reside in the City. The City hereby establishes a program to provide construction and longterm financing in an amount not to exceed $3,450,000 to Brutger Companies, Inc. for the construction of its approximately 65 unit rental apartment facility designated Brookwood Manor (the "Project ") within the boundaries. of the City. The Project will provide rental housing primarily for elderly persons. Not less than twenty percent (20 %) of the units in the Project will be held for occupancy by individuals or families with an adjusted gross income not in excess of eight percent (80 %) of the median family income for the Minneapolis standard metropolitan statistical area. To provide financing for the Project the City will issue its revenue bonds in an amount not to exceed $3,450,000 (the 'Bonds "), which revenue bonds shall be payble exclusively from the revenues of the Project. -2- MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION / { OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 27, 1983 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas and Donald Versteeg. Also present were Director of Planning and Inspections Ronald Warren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - January 13, 1983 Motion by Commissioner Malecki seconded by Commissioner Manson to approve the minutes of the January 13, 1983 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas and Versteeg. The motion passed. APPLICATION NO. 83002 (Gary Uhde /Marcon, Inc.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for a variance from Section 34 -140 2 1 (2) to allow continuation for two years of a freestanding real estate.sign for the Island Ponds townhouse project at 69th Avenue North and Unity Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83002 attached). Commissioner Manson asked whether an additional two year period would be granted under the ordinance if the sign had been taken down once the project was halted and then resumed three years later. The Secretary answered that that situation had never arisen. The Secretary stated that the Ponds could be looked at as one development or that the resumption of the project constitutes a new development. The Secretary pointed out that the City has considered the project as a single development over the years and that the failure to complete the project is not because of a redesign in the project, but because of economic conditions beyond the control of the developer. Commissioner Ainas asked whether anyone had explored the possibility of erecting a sign in Brooklyn Park at the north end of the develop- ment. The Secretary answered that such a sign would have to be approved by Brooklyn Park rather than Brooklyn Center and added that he was not sure whether Mr. Uhde had researched that possibility. Chairman Lucht then called on the applicant to speak. Mr. Uhde pointed out simply that there was no available land for the sign in Brooklyn Park, since the area was occupied by other uses. Chairman Lucht asked how many units were planned in Phase 5 of the Ponds. Mr. Uhde responded that there were 72 townhouse lots in Plat 5. The Secretary explained that Mr. Uhde is subcontracting out the actual construction of the units and that the bond for site improvements is still being held from Mr. Dietrich, the original developer of the project. The Secretary stated that Mr. Uhde feels that the sign is 1 -27 -83 -1- necessary for the completion of the project. Commissioner Malecki asked whether the existing sign had generated many calls since the project was discontinued. Another representa- tive of Marcon, Inc. stated that the original sign was erected by Francis Homes and that the phone number of the sign was no longer in service. He stated that he did not know, therefore, how many calls might have been generated by the sign. Commissioner Versteeg asked whether the applicant wished to erect a new sign or to change the existing sign. Mr. Uhde responded that the existing sign would be changed by altering prices available and the phone number to contact. Mr. Uhde added that when the project is complete, he has promised the Ponds Townhouse Association that he would erect a permanent identification sign for the development. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. He asked whether anyone present wished to speak on the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed. Commissioner Malecki asked whether an ordinance amendment would be in order. The Secretary answered that while the staff considered such an amendment, it was not a strong recommendation to change the ordinance. He stated that he felt the situation was fairly unique and that it could be handled through the variance procedure. The Planning Assistant pointed out that one of the concerns was over the office buildings which have recently been built and which are not close to 90% occupied. Chairman Lucht answered that the office buildings have far more visibility than the townhouse project in question. The Planning Assistant agreed and also noted that the townhouse project was unique in the fact that it had to be taken over by a new developer. The Secretary noted the office buildings may have temporary real estate signs and reiterated his recommend- . ation to treat the application as a variance and not an occasion for an ordinance change. Commissioner Ainas suggested that a variance could be granted for the two years requested by the appli- cant and that the Planning Commission could direct staff to study the matter in the near future. He stated that if there was a need to change the ordinance, that would probably be done within the two years allowed under the variance. Chairman Lucht then asked whether the Commission would like to make the approval more flexible, related to 90o sellout of the units or to stick with the two year limit. Commissioner Ainas recommended that the variance extend until 90% of the units were sold. The Secretary recommended that the Commission essentially start the clock and allow two years or 90% of the sale of units, whichever comes first. Commissioner Malecki agreed, stating that the applicant can return to the Commission within two years if there is a further need. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83002 (Gar Uhde /Marcon, Inc.) Motion by Commissioner Manson seconded by Commissioner Ainas to recommend approval of Application No. 83002, to allow the continuation 1 -27 -83 -2 of the freestanding real estate sign at 69th and Unity Avenues North for a period of up to two years or until 90% of the remain- ` ing units are sold, whichever comes first. The action also acknowl- edges that the standards for a sign variance are met. Voting in favor Chairman Lucht, Commissioners Ma.lecki, Manson, Ainas and Versteeg. Voting against: none. The motion passed. APPLICATION NO. 83003 (City f Brooklyn Center Y Y ), APPLICATION NO. 83005 (Brooklyn Center Housing and Redevelopment Authority) and APPLICATION NO. 83004 (Blumentals Architecture) The Secretary then introduced the next three items of business together: a rezoning request by the City of Brooklyn Center to rezone from R3 to R6 two parcels of land proposed in the preliminary plat for the Brookwood Addition at the southeast corner of I -94 and Highway 100; a request for preliminary plat approval to subdivide into three parcels and dedication of right -of -way for North Lilac Drive the same land; and a request for site and building plan approval for a three part development, including a 65 unit elderly rental building, a 73 unit elderly condominium building, and a 32 unit con- dominium townhouse project on the same land as the previous two appli- cations. The Secretary reviewed the contents of the three staff reports consecutively (see Planning Commission Information Sheets for Application Nos. 83003, 83005 and 83004 attached). The Secretary stated that a similar project would require that land be rezoned somewhere in the City to R6. The Secretary also explained, during his review of the preliminary plat, the condominium form of ownership for Lots 2 and 3 in the Brookwood Addition. He explained that most owner - occupied townhouse developments have a separate lot and block for each townhouse unit. He stated that in this case, people would own the inner space of units, but would not own the outside walls themselves. These outer structures and land area would all be owned by the condominium association. He stated that the association documents would be similar to those for a townhouse association. In reviewing the site plan, the Secretary added that the landscape plan has been revised to provide sufficient six inch diameter trees for each aspect of the development. He also explained that the building setbacks for the two larger buildings are equal to twice the height of the building in order to meet the Zoning Ordi- nance and to protect the single family neighborhood as much as possible. He also briefly pointed out that the parking lots would be screened by berming and plantings shown on the grading and land - scape plans. Chairman Lucht asked whether the Commission had any questions of the Secretary. Hearing none, he called on the applicant to speak. Dr. Duane Orn, President of Community Emergency Assistance Program (CEAP), briefly reviewed some of the initial history of the project. He explained that a presentation by Rothchild Finance Corporation had been made to the Chamber of Commerce and to CEAP regarding an elderly housing concept in 1980. He explained that both the Chamber and CEAP felt that the project was too large for them to pursue alone. Each organization, however, passed a resolution to pursue the idea. He explained that a committee was formed to explore possi- bilities for an elderly housing project. He reviewed the list of committee members and concluded by stating that Mr. Phil Cohen, former Mayor of Brooklyn Center, had been named the Chairman of the Steering Committee to select a consultant to work with on a possible 1 -27 -83 -3- HUD "202" elderly housing project. He then introduced Phil Cohen to explain the development of the project concept. ' Mr. Phil Cohen then addressed the Planning Commission and reviewed in further detail the history of the project. He explained that the initial idea for the project was for a subsidized housing project for elderly residents. He stated that under the federal program, Brooklyn Center would not be able to screen applicants in favor of Brooklyn Center residents. Mr. Cohen explained that the concept of the project was to move elderly residents of Brooklyn Center into the housing project and allow them to sell their homes to younger families. Mr. Cohen explained that the concept of the project evolved from a subsidized rental project to one which would involve condominium ownership of at least some of the units. He stated that informational meetings were held with the neighborhood and that Brutger Corporation was selected as the project developer in the summer of 1981. Mr. Cohen explained that a market study was done to see what the demand was for rental and condominium units in the area and to see what types of things prople desired in the pro- 'ect such as garden lots etc. The market stud � ( g P ) Y was submitted to the City Council if March of 1982 and the process of land acquisition was begun. Mr. Cohen then explained that the City Council made application for $8,000,000 in low interest mortgage money from the Minnesota Housing Finance Agency and received the money. Mr. Cohen noted that there would be a good economic stimulus from the project both from the new building and from renovation of existing housing as new people move in. Mr. Cohen then explained that further informational meet- ings had been held with the people in the neighborhood and that the design of the project had been developed with the comments of people in the neighborhood in mind. He then reviewed some of the articles in the local press about the project. He stated that he felt people had been sounded out for their receptivity to the project and for their possible demand for units that would be built. He stated that he felt this was a good example of the public and private sector working together to meet people's needs. Mr. Cohen also pointed out that the development is unique from the standpoint of the amount of control that the City has over the design and execution of the project. He concluded by noting that the traffic impact as a result of the proposed elderly development would be less than if the land were developed under its existing zoning. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. Mr. Jim Demaree of 6114 Girard Avenue North, stated that he felt the concept was good and that good planning had gone into the project. He stated that he felt the project would be good for the neighborhood and good for the City. Chairman Lucht then asked if anyone else wished to comment on the project. The Secretary reminded those present that meeting on February 9 there would be a me g y , 1983 at the Earle Brown Elementary School at 7:30 p.m. Commissioner Manson asked whether there would -be a restriction on who could move into the project. Mr. Brad Hoffman, Administrative Assistant to the City Manager, explained that restricting people on the basis of origin was not legal. He explained, however, that the project would provide certain financial incentives to local residents, which would not be available to non - Brooklyn Center residents. He explained that there would be 2.5 million dollars in _1 -2 -83 -4- mortgage money available to elderly residents moving into the project to finance the sale of their homes if those homes are in Brooklyn Center. He added that he has a list of some 200 names who are interested in the project. Chairman Lucht again asked whether anyone present wished to comment on the application. Hearing none, he called for a motion to table the three applications and continue the public hearing on the plat and the rezoning until the March 3, 1983 Planning Commission meeting. ACTION TABLING APPLICATION NO. 83003 (City of Brooklyn Ce nter) Motion by Commissioner Manson seconded by Commissioner Malec to table Application No. 83403, continue the public hearing, and refer the application to the Southeast Neighborhood Advisory Group for review and comment and to direct staff to prepare a Comprehensive Plan amendment. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas and Versteeg. Voting against: none. The motion passed. ACTION TABLING APPLICATION NO. 83005 (Brooklyn Center Housing and Redevelopment Authority) Motion by Commissioner 11alecki seconded by Commissioner Versteeg to table Application No. 83005 and continue the public hearing until March 3, 1983. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas and Versteeg. Voting against: none. The motion passed. ACTION TABLING APPLICATION NO. 83004 (Blumentals Architecture) Motion by Commissioner Versteeg seconded by Commissioner Ainas to table Application No. 83004 until the March 3, 1983 Planning Commis - sion meeting. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas and Versteeg. Voting against: none. The motion passed. Following the tabling of all three applications, the Secretary told those present that the plans for development would be available for interested persons to look at after the meeting. ADJOURNMENT Motion by Commissioner Manson seconded by Commissioner Versteeg to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:17 p.m. Chairman 1 -27 -83 -5- Planning Commission Information Sheet Application No. 83002 - Applicant: Gary Uhde Location: 6900 Unity Avenue North Request: Sign Variance The applicant requests a variance from Section 34- 140.2 1(2) to allow a two -year continuation of a real estate sign for the Island Ponds Townhouses past the two year limitation imposed by the ordinance. The sign is located on the northeast corner of 69th Avenue North and Unity Avenue North, adjacent to the new model homes for Plat 5 that have recently been built at 6900 Unity Avenue North. The lots in Plat 5, as the Commission may know, are located about three blocks up Unity Avenue North along 72nd Circle. Plat 5 was approved in 1979. However, no units have been built because of financial problems and a deteriorated market brought on by high interest rates. The sign has remained up since 1977 (about 4 years beyond its original deadline) basically as a result of an oversight by the staff. The applicant has submitted a letter (attached) in which he explains his position and argues that the standards for a sign variance (also attached) are met in the following manner: 1. A hardship is created because the lots in Plat 5 are all located in the interior of the project, well off any major thoroughfare. It will take considerably longer to market the townhouses if the sign is not up. 2. The situation is unique in that the applicant is not the original developer /builder, but a creditor who did not receive the lots voluntarily. There has been a three year delay in completion of the project, the continuation of which causes a hardship for existing Ponds' residents. 3. The granting of the variance will not be detrimental or injurious to the public since it will cut down unnecessary traffic by having the model and sign at the project entrance. (A letter from the president of the Ponds Homeowner's Association in favor of the variance is also attached). Staff agree with the applicant's arguments insofaras the lead to the conclusion 9 PP Y that a sign at the entrance to the Island Ponds project is necessary and useful to the completion of the project which is in the public interest. The question that must be addressed, as it must with all variances, is whether necessary visual communication can be accomplished within the limitations of the ordinance. The ordinance presently allows for one permanent identification sign, 36 sq. ft. in area, not over 10 ft. above ground level or two identical freestanding signs located at opposite sides of the project entrance, each not greater than 18 sq. ft. in area and not more than 5' above ground level. Individual units for sale may have one real estate sign up to 10 sq. ft. in area. Whether this amount and type of signery is adequate to let people know that a number of new units in the complex are for sale is debatable. The permitted signery would allow for adequate identification of the project, but does not include centralized advertising of units for sale. 1 -13 -83 -1- Application No. 83002 continued We are forced to conclude that centralized advertising of units for sale does con- stitute "necessary visual communication" and that a hardship will result if there is no such signery allowed at the entrance to the project. The uniqueness of the applicant's situation and the overall public benefit are also conceded in the applicant's favor. Staff recommend that the Commission review the ordinance provision in question and consider whether an amendment is in order before granting the variance as requested. We feel there are more limited means of advertising the sale of townhouse units in conjunction with a permanent identification sign than are suggested by the variance application. The Commission may also wish to set a time limit more flexible than the two years requested, more related to the number of units remaining to be sold. A public hearing has been scheduled and notices have been sent. 1 -13 -83 -2 Planning Commission Information Sheet Application No. 83003 Applicant: City of Brooklyn Center Location: Southeast corner of I -94 and Highway 100 Request: Rezoning The applicant requests rezoning from R3 to R6 of two parcels of land totaling 7.15 acres in area at the southeast quadrant of the intersection of I -94 and Highway 100., The two parcels in question are Lots 1 and 2, Block l of the proposed Brookwood Addition plat (see Application No. 83005). The land is currently zoned R3 and is bounded by Highway 100 on the west, by Lilac Drive on the southeast and by a 6.12 acre parcel (Lot 3, Block 1, Brookwood Addition) of R3 zoned land on the northeast. The rezoning is requested in order to allow the construction of 138 units of elderly housing in two buildings over three storeys in height on the two parcels (see Application No. 83004). Mr. Brad Hoffman, Administrative Assistant to the City Manager, has submitted a letter requesting the rezoning (copy attached). Mr. Hoffman explains that the proposal is consistent with the Housing Plan element of the City's Comprehensive Plan by providing affordable housing for the elderly. Mr. Hoffman points out that the housing in the southeast neighborhood is among the oldest in the City and would be more suitable for and better maintained by younger families. Mean- while, older residents can find suitable housing within the same neighborhood. A market analysis done by the City in January 1982 verified the need for elderly housing p called for in the Comprehensive Plan. Mr. Hoffman points out that the could support roughly 150 toss land area (including pp 9 Y 9 9 Lilac Drive right-of-way) townhouse units. Although the proposed development is 170 units (138 elderly), he points out that the amount of traffic generated by elderly housing is approxi- mately half that generated by townhouses on a per unit basis. Therefore, less traffic will actually result from more units. Mr. Hoffman also notes that traffic from the development will be diverted in three directions with minimal impact on the neighborhood. Mr. Hoffman also points out that there is no R6 zoned land available in the City and that such land is necessary to build the kind of project proposed. Mr. Hoffman argues that the project meets a public need for elderly housing and, at the same time, is compatible with the neighborhood and the physical surround- ings. He adds that the land involved is so clouded with title problems that development of the property would be nearly impossible without the assistance of the City. As the Commission may know, the Brooklyn Center Housing and Redevelopment Authority intends to declare a tax increment district to include the rezoned area and will use the increment basically to make both new and exist- ing housing more affordable. Not surprisingly, the planning staff concur with the rezoning request and the arguments made to support it. We feel that the design of the entire project is such that there will be significant public benefits. Although the Comprehensive Plan recommends mid- density residential development in this area, the Plan also recommends the supply of more elderly housing and does not specify where it should be built. It is logical that some amendment of the Plan is necessary to accommodate affordable housing for the elderly somewhere in Brooklyn Center. It should also be stressed that the overall housing density is not that much greater than if the land were developed under its existing zoning. Consequently, even though there are more units, because of the 138 elderly units, the resulting traffic, noise, etc. will actually be less than if the land were fully developed under its existing zoning classifcation. 1 -27 -83 -1- Application No. 83003 continued It is also important to note that the number of units to be constructed on the entire Brookwood development (see Application No. 83004) will be limited through deed restriction to 170 units. The deed restriction keeps the property from being developed to its maximum potential in keeping with the City's desire to minimize the impact of the development on the adjacent neighborhood. The City's HRA is also entering into a contract with the developer, Brutger Company, re- quiring elderly occupancy for Building B and condominium form of ownership for Building A and the townhouses. Attached for the Planning Commission's review are the Guidelines for Evaluating Rezoninos from Section 35 -208 of the Zoning Ordinance. Most of these guidelines have been addressed by the applicant. Guideline (g), which asks whether the current zoning classification is inappropriate for the property, has not been dealt with since over 6 acres of the Brookwood development will remain zoned (and developed) R3. The R3 zoning classification is not considered inappropriate for this location. However, it may be noted that recent rezonings of land to R3 in the northeast and southeast neighborhoods more.than make up for the land area lost from the R3 classification in this rezoning. What is more,the land in question will be the only R6 zoned land in the City. As with all rezonings, it is recommended that the Commission open and continue a public hearing on the proposal, table the rezoning and associated applications, and refer the matter to the Southeast Neighborhood Advisory Group. The rezoning will also require an amendment to the City's Comprehensive Plan. It is recommended that such an amendment, along with the rezoning, plat, and site and building plan, be given final consideration at the Commission's March 3, 1983 meeting. We recom- mend that the Commission's referral to the Southeast Neighborhood Advisory Group 0 specifically stipulate that the neighborhood group's action be conveyed to the City offices in writing by February 28, 1983 for prompt review by the Commission on March 3 and direct the staff to prepare the necessary Comprehensive Plan amendment. A public hearing has been scheduled and notices have been sent. 1 -27 -83 - 2- Planning Commission Information Sheet Application No. 83005 Center Housing Applicant: Brooklyn sing and Redevelopment Authority Location: Southeast quadrant of I -94 and Highway 100 Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into three lots and right -of -way the 14.58 acre triangular area of land at the southeast corner of I -94 and Highway 100. The land is presently zoned R3 and is bounded by Highway 100 on the west, by I -94 on the north and by North Lilac Drive on the southeast. The current legal description of the property is a metes and bounds description far too lengthy to quote here. The property is partially owned by the City (about 4.5 acres). The remainder is being acquired by condemnation proceedings implemented by the Brooklyn Center Housing and Redevelopment Authority. The proposed legal description is Lot 1, 2, and 3, Block 1, Brookwood Addition. The 14.58 acres are apportioned to the lots and right -of -way in the following' manner: Lot 1 142,070 sq. ft. = 3.26 acres Lot 2 169,470 sq. ft. = 3.89 acres Lot 3 266,455 sq. ft. = 6.12 acres Lilac Dr. 57,162 sq. ft. = 1.31 acres Total 635,157 sq. ft. _ acres Lots 1 and 2 are the subject of rezoning (to R6) Application No. 83003. Lot 1 is proposed for a 65 unit 3 plus storey elderly rental building. Lot 2 is proposed for a 73 unit condominium building. Lot 3 will be a 32 unit townhouse project under a condominium form of ownership (separate ownership of units, but no division of land). There will also be a dedication of 30' for additional right -of -way along Lilac Drive to make that street a full street width of 60'. There presently exists a 33' right -of -way for Fremont Avenue North through part of Lot 2 and Lot 3 of the proposed plat. This right -of -way will be vacated by the City prior to final plat approval. No utility easements are presently shown on the preliminary plat. The City is preparing site utility plans for the develop - ment and it is expected that a 10' wide utility easement will be needed along North Lilac Drive and also utility easements 10' on either side of property lines separating Lots 1 and 2 and Lots 2 and 3. Utility structures such as manholes will be located in these easement areas. Meanwhile, under the condominium form of ownership, the City will have a legal right to repair on -site utilities in the event they are not properly maintained by the private associations. As has been noted,Lots 2 and 3 will be held in condominium form of ownership. The condominium will not be declared, however, until construction is completed and the physical locations of various units can be certified. During construction, the land will be owned by Brutger Company, the developer. The condominium form of ownership is stipulated in a contract which the City is entering into with the Brutger Company. Altogether, the plat appears to be in order and approval is recommended, subject to at least the following conditions: 1) The final plat is subject to review and approval by the City Engineer. 1 -27 -83 -1- Application No. 83005 continued 2) The final plat is subject to the provisions of Chapter 34 of the City Ordinances. 3) Condominium association documents for Lots 2 and 3 are subject to review and approval by the City Attorney. 4) The Brooklyn Center Housing and Redevelopment Authority shall enter a contract with the developer stipulating condominium form of ownership for Lots 2 and 3 prior to final plat approval. 5) Fremont Avenue North right -of -way shall be legally vacated by the City prior to final plat approval. 6) The preliminary plat shall be modified to indicate appropriate utility easements in accordance with the City's site utility plan prior to final plat approval. 7) Building permits shall not be issued until the final plat has been filed at the County. 1 -27 -83 -2- Planning Commission Information Sheet Application No. _83004 Applicant: Blumentals Architecture Location: North Lilac Dr, between Humboldt and Dupont Request: Site and Building Plan The applicant requests site and building plan approval for a three part development consisting of a 73 -unit elderly condominium build - ing, a 65 -unit elderly apartment building, and 32 townhouse units, all on the land lying east of Highway 100, south of I -94, and north- west of North Lilac Drive. The total land area is 13.27 acres and is presently zoned R3. Of the 13.27 acres, 7.33 acres are proposed for rezoning to R6 under Application No. 83003. The maximum number of units which can be built on the two R6 parcels are 65 units (84 with an under- building parking credit of 500 sq. ft. per unit) on Lot 1 and 77 units (100 with an under - building credit of 500 sq. ft. per unit) on Lot 2. The maximum number of townhouses permissible on Lot 3 (6.12 acres) is 49 units without an under- building parking density credit. The 170 units proposed is, therefore, well within the potential of 233 units which could be built, given the same design concept and respective land areas in the R3 and R6 zones. It is substantially more units than the 107 townhouse units (131 with maximum under- building parking density credit) which would be allowed without the rezoning to R6 of over 7 acres of this site. Access to the development will be at three distinct points along North Lilac Drive. North Lilac Drive is proposed to be cul- de -saced at its intersection with Fremont Avenue North. From the north, Lilac Drive will stop at 62nd Avenue North, leaving a break in North Lilac Drive just south of 62nd Avenue North. This break is in tended to prevent through traffic along North Lilac Drive from Humboldt Avenue North to Dupont Avenue North and vice versa. The townhouses and the 73 unit condominium buildin g will access north of 62nd Avenue North; the 65 unit rental building will access south of the break. Parking for Building A (the condos) will be 74 spaces either under the building or under a raised plaza area southwest of the building and 32 stalls outside the building for a total of 3.06 stalls. In addition, the plan provides for 40 proof -of- parking stalls south- east of the building to meet the ordinance requirement of two stalls per unit. Likewise, for the rental building (Building B), there will be 66 interior parking spaces and 27 exterior spaces for a total of 93 spaces. In addition, the plan shows 38 deferred spaces to exceed by one the total requirement of 130 for the building. Two outside handicapped stalls are provided for each building. There will be four interior handicapped stalls in Building B and two in Building A, providing one for each handicapped unit. Parking for the townhouses will include 44 garage stalls (not under - building) and 52 exterior stalls, including 16 "guest stalls ". This provides a total of 96 stalls or three stalls per unit. We feel this is just about right, although the ordinance requires only 64 stalls. The drainage plan for the development is rather complex and will not be reviewed in detail here. Of note is the fact that drainage will be managed on -site and will not drain out onto public streets. It should also be noted that there will be a number of low areas around the site to collect drainage, but none of these low areas 1 -27 -83 -1- Application No. 83004 continued will act as a holding pond. Rather, there will be catch basins within these low areas to collect the runoff and convey it through storm sewer to the state's storm sewer in the I -94 right -of -way. .Utility plans for the site are being designed by the City's Engineering Department and are general in nature at this time, indicating to the Planning Commission necessary service to the project site. The landscape plan is generally designed to preserve good solar orientation for the structures. Shade trees tend to be planted south of structures to provide shade in summer and allow sun light to pass through in winter. Coniferous trees which are full year- round and act as wind- breaks are planted north of structures. There is a good variety of plantings overall, though the sizes tend to - be on the small side (shade trees: 1; " -1 Z" diameter; conifer and decorative trees: 3' to 6' high). Shade trees include Marshall's Green Ash, Redmond Linden, Red Maple and Hackberry. Decorative trees include: Mountain Ash, Russian Olive and Radiant Crab. Conifers consist of Black Hills S P rice and Ponderosa Pine and are located adjacent to the freeway right -of -way and north of Building A. (Note: we have experienced some difficulty with these two conifers on revious projects and would considering a different P u d recommend cons n i P 7 g specie of spruce and pine.) In addition, there are smaller shrubs including VanHoute Spirea ( ), Honeysuckle ( ) and Mockorange ( ) located primarily adjacent to parking lots and pedestrian ways. Finally, there are 11 trees of unspecified variety which will remain P Y rimaril on the townhouse site The Zoning Ordinance requires 10 six -inch diameter trees for Building B, 11 for Building A, and 5 for the townhouse project. These have not been provided. Vegetable garden plots are planned in the area north of Building B. Landscaping for the plaza area, south of Building A, has not yet been specified, but generous planting areas are shown on the ground floor plan. The building exterior of the two main buildings will be brick. The color is not yet specified. Building A (the condos) is a five storey building; Building B.is three storeys above grade. Each of the units will have a triangular screen porch which protrudes out from the main wall of the building. One face of this screen porch will be walled off to allow maximum solar exposure and minimize winds from north, east, or west. Another face will be window space to allow entry of the sun's rays. The last face opens to the apartment or condo unit. Building A will have 48 two - bedroom units, 10 one - bedroom, and 15 one - bedroom- with -den units. Building B (apartments) will have 33 one- bedroom units, 6 one- bedroom - with -den,. and 26 two - bedroom units. Both buildings will be equipped with an automatic fire ex- tinguishing system. A landscaped plaza, 72' x 108' in area, and raised to first floor level is proposed south of Building A. The townhouses are in clusters of four and six units. All have two bedrooms; twelve also have dens. There are two handicapped town- house units. The exteriors will be horizontal wood siding with Cedar trim. Garages will be the same exterior treatment, detached, and situated to the north of the respective townhouse units to serve as a partial wind - break. The open area will be occupied by a patio and a small green space. Staggered board Cedar privacy 1 -27 -83 -2- _ Application No. 83004 continued fences will extend between units and garages to separate each patio area. Altogether, the plans appear to be in order and approval is recom- mended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5 Building A and Building B are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. Building permits for Buildings A and B are subject to completion of the rezoning process (description of the land in the Zoning Ordinance) and filing f the plat at at Hennepin Count i P P Y• 9. Plan approval acknowledges proof -of- parking for 40 spaces on Lot 2 (Building A) and 38 spaces on Lot 1 (Building B). These parking stalls shall be installed if the City determines that installed parking spaces are insufficient to meet demand. 1 -27 -83 -3- Gerald Splinter, City M ana er T0: G�. G p Y 9 FROM: Sy Knapp, Director of Public Works DATE: February 11, 1983 RE: 1983 Public Improvement Program Preliminary Review Following is a preliminary review of proposed study and construction projects to be undertaken in 1983. The projects have been initiated in response to petitions from property owners or developers, by inclusion in the City's 5- year Municipal State Aid program or Capital Improvement program, or represent projects funded by state and /or federal grants. The purpose of this preview is simply to advise you and the City Council that our department is working on preliminary reports and designs covering these projects and that we invite any and all comments and direction which you may wish to provide. In particular, if there are any projects which you feel should be dropped from consideration during 1983, please advise us so that we may direct our efforts to the priority projects. Or,. if other projects need to be added, please advise. GENERAL PROJECT DESCRIPTION /LOCATION DISCUSSION 1. Wel1No. 9 at Camden & 72nd Avenues This project provides for construction of a new 2.3 MGD well under Contract 1982 -Q to be awarded on February 14, 1983. Financing of the improvement is through use of Public Utilities funds. 2. Well No. 3 at Dupont & 69th Avenues This project provides for replacement of the well's 13 year old pump and 23 year old motor, and improvements to the chlorine chemical feed system. Financing of the improvement is through use of Public Utilities funds. 3. Water Main Reconditioning - This project provides for study of Neighborhood bounded by I94, existing water main in the neighborhood the west corporate limits, to determine the extent to which 61st and Noble Avenues corrosion exists in the system, resulting in reports of red water, taste and odor. Correction of this problem will require that the corroded water mains either be relined with cement lining, or replaced. 4. Water Main at Various Locations 1. Construction of 16 inch trunk water main in 63rd Avenue from Beard Avenue to Brooklyn Boulevard under Improvement Project No. _1983 -02. The Council has already ordered this project in so as to complete it prior to MN /DOT's resurfacing project on Brooklyn Boulevard. February 11, 1983 - G.G. Splinter Page 2 2. Construction of water main in 51st Avenue under Improvement Project No. 1982 -07 in response to a petition for improvement. This project was ordered in by the City Council last year, but we are waiting completion of condemnation proceedings for the required easement from Tri- State Land Inc. Financing of these improvements is through levy of special assessments and use of Public Utilities funds. 5. Lift Station Improvements This project provides for installation of radio alarm telemetry units and emergency power transfer switching in seven of the City's nine lift stations (work has been completed in two stations). Financing of the improvement is through use of Public Utilities funds. 6. 65th Avenue /Freeway Boulevard This project provides for study of the Utility Analysis sanitary sewer system in the North Industrial Park to determine appropriate system service to the as yet undeveloped districts. 7. Water Main /Force Main Corrosion This project provides for study of water Protection mains and sanitary sewer force mains at selected locations where aggressive soil conditions are causing pipe corrosion. Several main breaks have occurred within the last two years, and we see considerable potential for additional problems: Accordingly, we are investigating the feasibility of cathodic protection systems. 8. Street Improvements 1. Geometric improvements on Humboldt Avenue between 69th and 70th Avenues including turn lanes and through lanes to relieve traffic congestion. 2. Xerxes Avenue overlay from C.S.A.H. 10 to Shingle Creek Parkway. Financing of these improvements is through use of Municipal State Aid funds and special assessment levies. 9. Brooklyn Center Elderly Housing Construction of utilities and street Project improvements adjacent to and construction of utilities within the development site located on "old" T.H. 100 right of way and the Guilford 0utlots north of North Lilac Drive and south of I -94. February 11, 1983 - G.G. Splinter Page 3 9. Continued Financing of these improvements is through tax increment funding for this project. 10. Pedestrian /Bikeway Bridge over This project includes construction of T.H. 100 and Sidewalk through a bridge over T.H. 100 (bids let on Brookdale area February 3, 1983) and construction of sidewalk through the Brookdale area from the T.H. 100 bridge to Shingle Creek Parkway. Financing of these projects is through use of Federal Aid Urban funds and local Municipal State Aid Street funds. 11. Municipal Garage Improvements 1. Internal improvements to the existing garage to provide for joint facility use by the Street, Park, and Utilities Departments. 2. Construction of an unheated storage building and perimeter fencing. 3. Completion of yard paving and bin construction. 4. Removal of old maintenance annex building and storage yard, and associated landscaping improvements of 69th Avenue and Dupont Avenue. Items 1 and 2 will be completed under Improvement Project 1982 -28, Phase II with bid letting scheduled for February 24, 1983. Item 3 will be completed later in 1983 in conjunction with completion of Phase II. Item 4 will be completed in late fall, 1983 or in 1984. Financing of these projects is through use of Public Utilities and Capital Projects fund. 12. Lions Park Tennis Court This project provides for completion of the Lions Park tennis courts, a project that began with necessary soil corrections under Improvement Project No. 1982 -21. Financing of the project is from the Parks and Recreation General Fund Budget. February 11, 1983 - G.G. Splinter Page 4 13. Golf Course Plan Development The Engineering Department is continuing its cooperative effort with the U.S. Fish and Wildlife Service and U.S. Army Corps of Engineers to secure necessary permits for the development of Lions Park West as a golf course. No construction is planned for 1983. 14. Traffic Studies The Engineering Department will take traffic counts on all M.S.A. routes and other major non - M.S.A. routes in 1983. Special emphasis will be placed upon the 69th Avenue /France Avenue intersection to determine the need for traffic signal installation in conjunction with geometric improvements. 15. Neighborhood Development - The staff has had a preliminary meeting 67th to 69th Avenues west of with the property owners from 67th to T.H. 252 69th Avenues between Aldrich Avenue and T.H. 252 whose properties are affected by the T.H. 252 improvement. A summary of the meeting will be presented to the City Council at its February 14, 1983 meeting. I recommend discussion of this program at the February 14, 1983, Council meeting. Unless we receive instructions to terminate further proceedings on any of these projects, we will be presenting detailed analysis and feasibility reports during the next several months, along with recommendations for public hearings, informational meetings, etc. as may be appropriate. However, your comments and input at this time will certainly assist us in formulating this program. Respectfully submitted, Sy Knapp yl SK:jn r ATTEN".)rVI AT NCIGHBORHOOD MUTING - 63TH - 69TH DEVELOPMENT NAME ADDRESS Richard Schultz Rt. 1, Box 142, South Haven, MN 55382 Gerald ", ^. Crosby 6730 5th Street North, B.C. Elsie Stafford 6825 'Test River Road, B.C. Estr�:r' (, nand 61'51 ':1t<<;: °iver Road, B.C. Gene Bevers 419 North 69th Avenue, B.C. Robert G. McLean 421 North 69th Avenue, B.C. Elizabeth McLean 421 North 69th Avenue, B.C. Ed Bonner 6730 Aldrich Avenue North, B.C. Dave Asplund 6736 Aldrich Avenue North, B.C. Dave Bradley 6725 West River Road, B.C. Raymond Forss 6707 West River Road, B.C. Orlin Braun 6807 Aldrich Avenue North, B.C. Delbert Hanson 6825 Aldrich Avenue North, B.C. Melba P. Evanson 800 69th Avenue North, B.C. Janet Thayer 6743 Camden Avenue North, B.C. Maple Larson 6712 5th Street North, B.C. Rick Theisen 6827 West River Road, B.C. Walter Caouette 6736 5th Street North, B.C. Marlys Neese 6857 West River Road, B.C. Phil Neese 6857 West River Road, B.C. Paul Rosso 7 Ortman Street N-.E., Mpls. Gordon Evanson 800 69th Avenue North, B.C. Roger Beckman 6715 West River Road, B.C. Jerry Splinter City of Brooklyn Center Sy Knapp City of Brooklyn Center Jim Grube City of Brooklyn Center Ron Warren City of Brooklyn Center Earl Howe MN /DOT Don Versteeg Planning Commission - City of Brooklyn Center Edward Orndorf 6821 West River Road, B.C. MINUTES OF NEIGHBORHOOD MEETING FOR PROPOSED 68TH - 69TH DEVELOPMENT DATE: February 10, 1983 TIME: 7:00 P.M. LOCATION: Evergreen Elementary School Mt. /DOT REPRESENTATIVE: Earl Hawe CITY OF BROOKLYN CENTER REPRESENTATIVES: Gerald Splinter Sy Knapp Ron Warren Jim Grube I. Brief introduction of parties II. Brief description of neighborhood involved in T.H. 252/68th - 69th development Last meeting of record - 1976 - discussion regarding platting scheme with final development - review and discussion of plan developed by City (68th, 682 - two cul -de -sacs) III. Brief review of T.H. 252 improvement proposal T.H. 252 project - schedule of right of way acquisition - schedule of construction Process of land aquisition just begun - Attorneys review owners For total parcel takings only: MN /DOT will contact owners in next month or so - appraisers should start this summer or early fall proposals (offers) made in late 1983, early 1984 - MN /DOT offer made - if homeowner wishes to retain the structure and relocate, there will be a reduction for salvage value. After purchase of house and lot (by owner or through auction) the structure must be moved in 4 months. Money is available, but won't be allocated until MN /DOT requests encumbrance later this year, based on appraised costs. QUESTION AND ANSWER PERIOD Question: Properties along 56th, north of 67th were to lose part of back yard under previous proposals. Is this still true? Response: At this point, taking of 1 or 2 feet may be necessary. Comment: Noise walls /mounds necessary along corridor, but no plan of type or location has been finalized. (�lI'1!_!T��� f a� [-I f? 1EETI ",G - f Cr?f?!1,, 'f 10, 1983 Page 2 Question: What will be the distance between road and homes? Response: Approximately 40 to 50 feet. Question: Will freeway standards be used in design? Response: Expressway standards will be used - intersections proposed at grade, though limited in number and with signalized intersections. At this point, the design calls for 4 lanes with provisions for 6 lanes as necessary. Comment: In order to understand the proposed layout, visualize Shingle Creek Parkwa y with fewer intersections . Question: The proposed development is in an R1 zone. Will the R1 zone designation remain? Response: Yes. Question: How does one leave the neighborhood of 67th and 5th? Response: By fnot - through private drive of apartment complex (Camden Drive). By car - west to Bryant, south to 66th. Question: After the sale of home, when must the owner leave? Response: 4 months - if owner needs to stay longer, the owner must rent from MN /DOT. Question: Minimum lot size? Response: Minimum - interior - 75 foot width and 9500 square feet, although depth minimum is 110 feet, owner of a 75 foot lot needs 125 feet to 130 feet.to get area. Minimum - corner - 90 foot width and 10,500 square feet, although minimum depth is 110 feet, owner needs 115 feet to 120 feet to get area. Question: Can duplex be moved into R1? Response: No, not without extreme conditions and variance, etc. Question: Relocation payments made by MN /DOT? Response: Up to $300 for appraisal fees if person desires outside appraisal Closing costs Interest differential of mortgage Moving costs Housing supplement ($0 - $15,000) included with purchase. MINUTES FROM NEIGHBORHOOD V;EETING - FEB1 10, 1983 Page 3 Comment: Pete Koole can supply fact sheets on the homes that show basis of calculations used in appraisal. Comment: Relocation of homes requires review by Building Officials to insure soundness of structures, compliance with existing codes and permits being issued by a house mover. Question: What are present water and sewer rates? Response: In general terms - extension of all utilities, streets, storm sewer, could go to $10,000 or higher. Question: Has there been much developer interest? Response: Not "developer" interest, but general interest by owners to get something started. Question: Is the Housing supplement in addition to purchase? Response: Yes - from $0 to $15,000. Question: Is there another major north -south road between T.H. 152 and T.H. 252 planned? Response: Brooklyn Center and Brooklyn Park have had ongoing discussions on this and the answer seems to be no. Question: Where will the "610" bridge be in Brooklyn Park? Response: Located just north of Riverhouse Restaurant north of 95th. Comment: Present traffic on T.H. 252 is 15,000 VPD. It is estimated to be 30,000 VPD by 1990. Question: What is the date from bridge construction? Response: Buying property now - letting in fall of 1983 - construction takes 3 years The rest of T.H. 252 will be let in February of 1985. Comment: Presently 100,000 VPD cross the river on I694. Without 610, traffic could reach 125,000 to 130,000 by 1990. Comment: City receives complaints of speeding on 67th coming of T.H. 252 at a rate of 3 or 4 per month. MI'ViTES FROM NEIGHIB3OPHOOD MEETING - FEBRUT,PY 10, 1983 Page 4 LE 1. Fish property owner - has no ideas about what to do 2. Staffords - What will happen in next 2 or 3 years? Comment - We must act quickly enough to have a subdivision into which to move structures. MN /DOT may present offers by late fall to early spring. 3. Theisen - want out as soon as possible - MN /DOT may make an offer by fall 4. Evanson - sale of or development of property requires further thought Comment - With "land locked" status for Stafford and Theisen - MN /DOT may buy both long lots. 5. Durland - will sell all land 6. Bevers - Neighbor will lose lot leaving a 50 _ 60 foot remnant. Will a road be constructed between 68th and 69th? Comment - 60 foot normal (50 foot minimum) right of way width necessary with 30 foot paving. If a road is built through to 69th neighborhood circulation would improve. 7. Neese - home could be moved - they like the neighborhood 8. McLean - does like the big lot not interested in development 9. Swanco Terrace Owner (Lot 2) - interested in completion of 68th and development of some plan 10. Crosby- stayin neighborhood if possible 11. Bradley - stay in neighborhood if possible 12. Beckman - no position 13. Forss no interest in relocation Comment - Property owners are not eligible for relocation aids until offer is made by MN /DOT Comment — Presently MN /DOT has no provisions for continuous fence along T.N. 252 right of way. Signalized intersection will be pedestrian oriented. L:i.censf - to be aF,F,rov(.:d by tl e City C>unr_il : >ruaxy 14, 1983 AMU SE! , DIVI - OPE LICENSE �? Green 4i 11 Inri 5540 irooklyn Blvd. Cl Ub f of Police B ' h-K P,Y FOOD VEHICLE LICENSE '> Good Fart: Restaurant 5717 Xerxes Ave. N.1�Q_ _ Sanitarian;' BOWLING ALLEY LICENSE -} Lynbrook Bowl, Inc. 6357 N. Lilac Dr. � t Y J A City Clerk BULK VENDING LICENSE Brooklyn Center Lions 5712 Humboldt Ave. Folz Vending 3401 Lawson Blvd. tr Store 3600 63 rd Ave. N. A . Coun C Sanitarian CIGARETTE LICENSE Beadles Market 6912 Brooklyn Blvd. Chuck's Q. 1505 69th Avenue N. Duane's OK Tire 6900 Brooklyn Blvd. Duke's Standard Service 6501 Humboldt Ave. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. City Clerk GASOLINE SERVICE STATION LICENSE Chuck's Q. 1505 69th Ave. N. Duane's OK Tire 6900 Brooklyn Blvd. Duke's Standard Service 6501 Humboldt Ave. N. Federal Lumber 4810 N. Lilac Dr. City tier c V ITINERANT FOOD ESTABLISHMENT LICENSE Community Emergency Assistant Program 7231 Brooklyn Blvd. Sanitarian NONPERISHABLE VENDING MACHINE LICENSE American Vending Company P.O. Bxo 280 Sears Automotive Brockdale Center Bill's Juice Vending 3900 Beard Ave. S. Holiday Inn 1501 Freeway Blvd. Spa Petite 5611 Xerxes Ave. N. Bill's Vending SErvice 7317 W. Braodway B.C. Skelly 6245 Brooklyn Blvd. Bond Tool & Die Co. 6840 Shingle Cr. Pkwy. Brookdale E. Cinema 5801 John Martin Dr. B.C. Country Boy 4401 69th Ave. N. Canteen Co. 6300 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. Medtronics 6700 Shingle Cr. Pkwy. Medtronics 6860 Shingle Cr. Pkwy. MTC 6845 Shingle Cr. Pkwy. Cass Screw Company 4748 France Ave. N. Christy's Auto 5300 Dupont Ave. N. Cook . Paint 4800 N. Lilac Dr. Country Club Market 5715 Morgan Ave. N. W L. Service 2516 83rd Ave. N. . Lowell's Auto 6211 Brooklyn Blvd. Earle brown Bowl 6440 James Circle EvF , r ;reen Park Elementary 7020 Dupont Ave. N. First Brookdale State Bank 5620 Brooklyn Blvd. JiuLray Jingle, inc. 2601 2nd Ave. S. Johnson Control 1801 67th Ave. N. Life -Full Service Vending 4603 Folwell Dr. Library 6125 Shingle Cr. Pkwy. License Center 6125 Shingle Cr. Pkwy. Social Services 6125 Shingle Cr. Pkwy. Malmborg's Inc. 5120 N. Lilac Dr. Maranatha Conservative Baptist Home 5401 69th Ave. N. Marc's Budgetel 6415 James Circle N. Midwest Screw 3501 48th Ave. N. Midwest Vending Company 8900 Wentworth Ave. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Minnesota Tile Supply 4825 France Ave. N. NSI /Griswold Co. 8300 10th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. N.S.P. 4501 68th Ave. N. Northwest Microfilm, Inc. 1600 67th Ave. N. Pearl Manufacturing 6801 Shingle Cr. Pkwy. Pilgrim Cleaners 5748 Morgan Ave. N. Plitt Brookdale Theater 2501 County Rd. 10 Servomation 7490 Certral Ave. N.E. Dayton's Brookdale Center Condalson's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Super America 6545 W. River Road Twin City Vending 1065 E. Highway 36 Brooklyn Center Group Health 6845 Lee Ave. N. Earle Brown Farm Ind. 6100 Summit Drive Sears Brookdale Brookdale Center Viking Gym 6504 Shingle Cr. Pkwy. Woodside Enterprises 2500 Nathan Lane City of Brooklyn Center 6301 Shingle Cr. Pkwy. Sanitarian ' OFF -SALE NONINTOXICATING LIQUOR LICENSE Beadles Market 6912 Brooklyn Blvd. Chuck's Q. 1505 69th Ave. N. Country Club 5715 Morgan Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. City Clerk PERISHABLE VENDING MACHINE LICENSE Ault Corporation 1600 H. Freeway Blvd. Canteen Company 8300 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. M.T.C. 6845 Shingle Cr. Pkwy. Earle Brown Bowl 6440 James Circle Ji *nxi1f Jingle, Inc. 2601 2nd Ave. S. Johnson Control 1801 67th Ave. N. arariatha Conservative Baptist Home 5401 69th Ave. N. 3SI /Griswold 8300 19th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. :c-rt:'I: pest Microfilm, Inc. 160.E 67th Ave. N. Plitt Brookdale Theater 2501 County Rd. 10 Servor;,ation 74 a Central Ave. N.E. Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Onan Tech Center 6120 Earle Brown Dr. Twin City Vending 1065 E. Highway 36 Brooklyn Center Group Health 6845 Lee Ave. N. n Earle Brown Farm Ind. 6100 Summit Dr. � Sears Brookdale Brookdale Center C Sanitarian t-4 POOL TABLE LICENSE h Lynbrook Bowl, Inc. 6357 N. Lilac Dr. City Clerk 44 PERISHABLE FOOD VEHICLE LICENSE American Bakeries Co. 4215 69th Ave. N. J� /mil Ted Burlingame 5919 June Ave. N. Sanitarian * SPEICAL FOOD HANLLI:.G LICENSE Brooklyn Center Liquor Store 41 6800 Humboldt Ave. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Stroe #3 Northbrook Shopping Ctr. Fun Services, Inc. 3701 50th Ave. N. Ideal Drug Store 6800 Humboldt Ave. N. Marc's Budgetel 6415 James Circle Total Petroleum Inc. 6830 Brooklyn Blvd. Betty Varcoe 974 Rice St. Terrace Holliday Inn Gift Shop 1501 65th Avenue North �I Viking Gym, Inc. 6504 Shingle Cr. Pkwy. , Sanitarian GENERAL APPROVAL: % Gerald G f / "nter, City Clerk