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HomeMy WebLinkAbout1981 11-23 CCP Regular Session CITY COUNCIL AGENDA, CITY OF BR"KLYN CENTER , NOVEMNER 23, 1981 7:00 p.m. ,r 0� a ' 1. .Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes Regular Session, October 5, 1981 - Regular Session, October 19, 1981 - Special Session, September 21, 1981 5. Open Forum 6. Presentation of Awards Recognizing the Public Service of Sharon Schmickle and the Brooklyn Center Jaycees 7. Approval of Consent Agenda _SA -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *8. Consideration of Letter of Resignation from the Human Rights Commission from Reverend C. Roger Stacy -A resolution recognizing the public service of Reverend Stacy will be drafted for the next meeting. 9. Subdivision Bond Reductions /Releases Releases; *a. Group Health Plan, Inc. for a Group Health Plan Second Addition. Reductions: b. Meadow Corporation, the Ponds Plats 3, 4, and 5 *10. Final Plat Approval - K -Mart RLS (63rd Avenue North and Brooklyn Boulevard) -Approval is subject t w review n v 1 b App � o completion of title ark and rev e a d.appro a y the City Attorney 11. Resolutions: Y *a. Calling for a Public Hearinq for an industrial Developlrient Revenue Bond for Ryan Construction for Brookdale Corporate Center Phase II -It is recommended the public hearing date be set for December 21, 1981 at 8:00 p.m. b. Approving Supplemental. Agreement No. 1 to Contract 1981 -B (Shingle Creek G( K Parkway Lane Improvements and Freeway Boulevard Right -turn Lane) * a. Accepting Work Performed Under Contract 1981 -K (Reforestation Project `F No. 1981 -24)1_ CITY COUNCIL AGENDA -2- J , November 23, 1981 *d. Accepting Work Performed Under Contract 1981-J (County State Aid I Highway 10 Street Improvement Project No. 1981 - 17) *e. Accepting Work Performed Under Contract 1980 -G (Shingle Creek Parkway Street Improvement Project Nos. 1978 -45B, 1978 -46 and Humboldt Avenue Street, Improvement Project No. 1980 -07) f. Amending the 1982 Budget/ - 'this resolution would authorize the reappropriation of 1981 budgeted funds to accomplish projects in the Park and Recreation Department which were not completed in 1981. g.7( Amending Resolution No. 75 - 31 Regarding Snowmobiling on Public Lands c, I h.A Urging Elimination of Statutory Interest Rate Limitations i. Urging the - Continuance of Tax Exempt Status for Minnesota Firefighter 11 and Police Relief Associations j.t Urging Action by Legislature to Resolve the State's Short Term Cash Flow and Long Term Deficit Problems 12. Consideration of Special Assessments for 67th Avenue North, Storm Sewer Extension from Shingle Creek Parkway to Shingle Creek *a. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment -Storm Sewer Improvement Project No. 1980 -24 *b.� Resolution Providing for Hearing on Proposed Assessment for Improvement Project No. 1980 -24 13. Consideration of Special Assessments for Water Main Installation on Earle Brown Drive *a. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment p ( a �2 7 -Water Main 7 Improvement Pro No. 1981-05 P *b. Resolution Providing for Hearing on Proposed Assessment for Improvement Project No. 1981 -05 14. Consideration of Special Assessments for Sanitary Sewer Installation on Earle Brawn Drive *a. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment - Sanitary Sewer Improvement Project No. 1981 -06 *b.� Resolution Providing for Hearing on Proposed Assessment for d �� Improvement Project No. 1981 -06 CITY COUNCIL AGENDA -3- November 23, 1981 1 I i 15. Consideration of Special Assessments for Storm Sewer Installation on Earle Brown Drive g *a. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment -A portion of Storm Sewer Improvement Project No. 1981 -07 *b., Resolution Providing for a Hearing on Proposed Assessment for Improvement Project No. 1981 -07 i 16. Consideration of Special Assessments for Street Improvements +.Within the South Industrial Park Assessment District *a.j Resolution Consolidating Street Improvement Project No. 1979 -06 (Shingle Creek Parkway), Street Improvement Project No. 1980 -02 (Summit Drive), Street Improvement Project No. 1981 -02 (Shingle Creek Parkway), a Portion of Storm Sewer Improvement Project No. 1981 -07 (Earle Brown f Drive), and Street Improvement Project No. 1981 -08, Declaring Costs to be Assessed and Ordering Preparation of Proposed.Assessments a3� *b.t Resolution Providing for Hearing on Proposed Assessment for Improvement Project Nos. 1979 -06, 1980 -02, 1981 -02, 1981 -07, 1981 -08 17. Consideration of Special Assessment for Construction of Left _Turn Lane.on County State Aid Highway 10 at Northway Drive *a.X Resolution Declaring Costs to be Assessed and Ordering Preparation off/- . Proposed Assessment - Street Improvement Project No. 1981 -17 *b.V Resolution Providing for Hearing on Proposed Assessment for Improvement Project No. 1981 -17 18. Public Hearing on an Industrial Development Revenue Board Proposal from ShingI Creek Development Company (8:00 p.m.) /- a�� The proposed project is Shingle Creek Plaza II, a 78,500 square foot office, Lyo warehouse, service center facility to be located at the intersection'of Free way Boulevard and Xerxes Avenue. 19. Planning Commission Items (8:15 p.m.) a. Application No. 81056 submitted by JoAnn Jorgenson for preliminary plat approval to subdivide ' the land at 6610 and 6624 Colfax Avenue North into three lots. This matter was reviewed by the Planning Commission on August 13, 1981 and received a negative recommendation because the proposed lots would be substandard. The plat has since been revised to meet ordinance requirements. The Planning Commission recommended approval of Application No. 81056 at its November 5, 1981 meeting. b. Application No. 81068 submitted by Karen_Kotila -Goga fora special use permit to operate a beauty shop in the basement of the home at 3701 69th f Avenue North. The Planning Commission recommended approval of Application I No. 81068 at its November 5, 1981 meeting. CITY COUNCIL AGENDA -4- November 23, 1981 e/ 20. Ordinances: a_ An Ordinance Amending Chapter 35 of the City Ordinances Regarding Off Site Accessory Parking -This ordinance amendment would provide that accessory parking be permitted only on properties located in districts zoned commercial and industrial and on properties which are institutional uses in residential zones. The ordinance was considered by the Planning Commission at its November 5, 1981 meeting and is presented for a first reading this evening. 21. Discussion Items: a. Appeal of Judge's Ruling on Arbitration Regarding Shift Scheduling in the Police Department (oral report Monday evening). b. Consideration of Revocation of Beer License for Pizza Feat Restaurant located in the Humboldt Square Shopping Center I *22. Licenses j 23. Adjournment Member introduced the following resolution r °~ and moved its adoption: RESOLUTION N0. RESOLUTION CALLING FOR A PUBLIC HEARING DN A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of the blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Brooklyn Center (the "City ") has received from Brookdale Corporate Center II, a limited partnership to be organized under the laws of the State of Minnesota (the "Company ") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds ") pursuant i to. the Act; } (c) Before proceeding with consideration of the request of the Company it is necessary for the City to hold apublic hearing on the proposal P ursuant to Section 474.01, Subdivision 7b Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Hearing shall be in substantially the 'form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Manager. 5. The City Manager is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper I RESOLUTION NO. { of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. • r g. k Date Mayor f t ATTEST: Clerk f r 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. q t i i i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGRE 4aTC NUMBER 1 To CONTRACT 1981 -B (SHIMLE CREEK PARWAY IMPR(VEv[ENT PROJECT NO. 1981 -02 AND FREEWAY BOUI1%7PM IMPROVEMENT PROJECT No. 1981 -04) WHEREAS, the City Engineer has determined that the Contractor respon- sible for construction of street improvements as contemplated under Contract 1981 -B was unnecessarily delayed by circumstances beyond his control; i.e., late completion of adjoining work by other contractors as a result of strike related delays; and WHEREAS, the City Engineer has deemed it necessary that certain modifications be made to said Improvement Project 1981 -02 to provide for median modifications along Shingle Creek Parkway, and to provide proper con- nections and coordination with adjoining development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute Supplemental Agreement No. l to Contract 1981 -B providing for com- pensation in the mount of $6,278.12 according to the following schedule: IMPROVEMENT PROJECT NO. 1981 - 02 (Shingle Creek Parkway) Force Account (Labor and Bquipment Delay) $3,212.90 Handhole Adjustment 72.80 B612 Curb and Gutter Installation 265.00 Force Account (Median Modification) 1,720.50 TO $5,271.20 IMPROVEMENT PROJECT NO. 1981 -04 (Freeway Boulevard) Force Account (Mobilization Cost) $1,006.92 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. There is appropriated the sum of $6,278.12 for the payment of said Supplemental Agreement No. 1. 2. The appropriation will be financed in accordance with the following schedule: Improvement Project No. 1981 -02 Special Assessment Fund Appropriation $5,271.20 Improvement Project No. 1981 -04 M.S.A. Fluid (Fund Balance #2613) 1,006.92 ` 'TOTAL APPROPRIATION $6,278.12 Date Mayor ATTEST: Clerk The motion for thew tion of the foregoing resolution was duly seconded b �P �J � Y Y 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: RESOIIJTION NO. RESOLUTION ACCEPTIW, WORK pE F CRS UNDER CONTRACT 1981 -K WiEREAS, pursuant to written Contract 1981 -K signed with the City of Brooklyn Center, Minnesota, Noble Nursery, Inc. of Blaine, Minnesota, has satisfactorily completed the following improvement in accordance with said contract: REFORESTATION PRO= NO. 1981 -24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract, at a cost of $4,125.00, is accepted and approved. 2. The value of work performed equals the original contract amount. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $4,125.00. t 1 Date Mayor ATTEST: er Zhe 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 sane: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -1 WHEREAS, pursuant to written Contract 1981 -1 signed with the City of Brooklyn Center, Minnesota, C. S. McCrossan, Inc. of Osseo, Minnesota, has satisfactorily o mpleted the following improvement in accordance with said cmtract: COUNTY STATE AID HIGHWAY 10 IMPR V MEI U PROJECT NO 1981 -17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of t e that: Brooklyn Center, Minnesota, yn 1. The uDrk completed under said contract, at a cost of $27,512.74, t is accepted and approved. 2. The value of work performed is less than the original contract amount by $366.56 due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said con- tract, taking the Contractor's receipt in full. The total k amount to be paid for said improvement under said contract shall be $27,512.74. Date Mayes ATTEST: Clerk ed b y duly foregoing resolution was u1 The motion for the adoption of the orego g Y P and u vote member pan 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. Y i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFOR4ED UNDER CONTRACT 1980 -G (SHINGLE CREEK PARKVAy IMPROVEMENT PROJECT NOS. 1978 -45B, 1978 -46, AND HUMBOLDT AVENUE IMPRa7a\Jan PROJECT NO. 1980 -07) WHEREAS, pursuant to written Contract 1980 -G signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction, Inc. of Osseo, Minne- sota, has satisfactorily completed the following improvements in accordance with said contract: STREET GRADIl ,, BASE, AISD SURFACM IMPROUFMENT PROTF'CT NO. 1978 -45B CURB AND GUTTER AND SIDEWALK IMPRffJEMENI' PROJECT NO. 1978 -46 GDCMETRICS IMPROVEMENT PROJECT NO. 1980 -07 NOW, THEREFORE, BE IT RESOLVED By ME CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work ccnpleted under said contract, change orders, and supplemental agreements is accepted and approved according to the following schedule: STREET GRADING, BASE, AND SURFACII:G Il4PR(- VFMENT PF40JECT NO- 1978-45B AND CURB AND GUTTER AND SIDEWALK IMPROVEMENT PROTECT NO. 1978 -46: Previously Approved Final Amount Contract Amount $394,633.00 $376,767 58 Change Order No. 1 7,800.00 - 7,800.00 Change Order No. 2 7,610.50 7,267.95 Supplemental Agreement No. 5 13,821.,54 13,821.54 Supplemental Agreement No. 6 816.15 816.15 TOTAL $424,681.19 $406,473.22 GECMEIRICS IMPROVEMENT PROJECT NO. 1980 -07: . Previously Approved Final Amount Contract Amount $ 45,998.00 $ 57,534.62 Change Order No. 1 160.00 16.60 Change Order No. 2 810.70 774.59 Supplemental Agreement No. 3 1,160.00 1,130.00 $ 48,128.70 $ 59,455 2. The value of work performed is $6,880.86 less than the sum of said contract, change orders, and supplemental agreements due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvements under said contract shall be $465,929.03. BE IT FURTHER RESOLVED By THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: RESOLUTION NO. 1. Appropriation of funds to finance said improvement projects Shall be made according to the following schedule: 4 . STREET' GRADING, BASE, AND SURFACIW— IMPROVE MI PROJBCT NO. 1978 -45B AND CURB AND GUTTER AND SIDEWALK IMPRGVFMF,,'T PR JBCT NO. 1978 -46: Special Assessments $253,623.72 M.S.A. Furry (Raid Balance #2613) 152,849.50 TOTAL: $406,473.22 GBCMETRICS IMPROVEMENT PRQTEICT NO. 1980 -07: M.S.A. Fund (Fund Balance #2613) $ 59,455.81 Date Mayor ATTEST: Clerk ti The motion for the adoption of the foregoing resolution was duly seconded by menber , and upon vote being taken thereon, the follow - ing 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 TO AMEND THE 1982 GENERAL FUND BUDGET WHEREAS, the 1981 General Fund Budget appropriated monies for III' repairs at the Willow Lane and Northport Park tennis courts and 4 WHEREAS, repairs at Willow Lane have been completed but, due to other project priorities, repairs cannot be completed at Northport Park in i this budget year; and WHEREAS, the Northport Park repairs are needed to prevent further deterioration of the tennis courts; and s WHEREAS, Section 7.08 of the Brooklyn Center City Charter authorizes the City Council to appropriate monies from accumulated surplus in an amount_ equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to amend the 1982 General Fund Budget to appro- priate $5,000 to the Parks Maintenance (Division No. 69) Parks Court Repairs Account ( #4228) from the General Fund Fund Balance to complete said repairs in 1982. 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. g Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 75 -31 REGARDING SNOWMOBILING ON CITY OWNED LANDS WHEREAS, at the request of the City Council the Park & Recreation Commission and Conservation Commission have reviewed the operation of snowmobiles on park property; and WHEREAS, the Park & Recreation Commission and Conservation Commission recognize that the City of Brooklyn Center is committed to the enhancement and preservation of wildlife and natural wildlife areas; and WHEREAS, the Park & Recreation Commission and Conservation Commission have determined that snowmobiling is not compatible with the natural environment and ecology of parklands; and WHEREAS, the Park & Recreation Commission and Conservation Commission recognize that snowmobiling is not compatible with existing parkland improvements and facilities; and I WHEREAS, the Park & Recreation Commission and Conservation Commission I have recommended to the City Council that snowmobiling be prohibited from park j property in the City of Brooklyn Center; and WHEREAS, Resolution No. 75 -31 currently permits snowmobiles in certain areas in Central Park, in the Palmer Lake Park Basin, and along Shingle Creek Trailway; and WHEREAS, Chapter 27, Section 903.4 of the City Ordinances provides that City owned lands authorized for snowmobiling shall be designated by Council Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn i Center, Minnesota that Resolution No. 75 -31 be amended to prohibit snowmobiles from I all City owned lands in accordance with Chapter 27, Section 903.4 of the City Ordinances. 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. • s Member introduced the following resolution and moved its adoption: { RESOLUTION NO. RESOLUTION URGING THE ELIMINATION OF STATUTORY INTEREST RATE LIMITATIONS s WHEREAS, the 1980 Minnesota Legislature, in response to urging by many groups, including the League of Minnesota Cities, raised the maximum permitted { interest rate on bonds issued by Cities from 7% to 12% and special assessments F collected by cities from 8% to 13%; and s WHEREAS, said legislation increasing the rate provided that after December 31, 1982, the maximum permitted rate would be reduced to 9% for bonds issued and 10% for special assessments; and WHEREAS, this sunset provision is creating uncertainty on the part of both bond issuers and investors on the issuance and purchase of short -term bonds because both parties are concerned with not knowing whether the short -term obligations Can be refinanced in the future at a rate less than 9 %; and WHEREAS, except for this uncertainty, short -term bonds could otherwise be utilized to reduce the impact of current high interest rates; and WHEREAS, local governments should be able to decide for themselves whether a particular interest rate can be afforded: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center to urgently request that the Legislature pass legislation which would eliminate all interest rate limitations currently imposed upon local governments; and BE IT FURTHER RESOLVED that this resolution be sent to area legislators, appropriate legislative committees, and the League of Minnesota Cities. Date Mayor s 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. j �. -�-. _.n�....,.. �._ . m, . _- , _r.Mw .__ _ .�•, -,., . _ _.._� - -*air' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION URGING THE CONTINUANCE OF TAX STATUS FOR MINNESOTA FIREFIGHTER AND POLICE RELIEF ASSOCIATIONS WHEREAS, the Federal Internal Revenue Service, based on ruling 81 -58, { will rescind the tax exempt status of all those Minnesota Firefighter and Police Relief Associations which are now exempt under Internal Revenue Code Section SOL (c) (4), beginning with calendar year 1982; and WHEREAS the Internal Revenue Service takes the osition that 501 c 4 P ( ) ( ) i is an inappropriate classification for exception for such relief associations, since they feel that benefits to the general public from operation of those associations are secondary to the purpose of providing benefits to the individual members; but WHEREAS, the effect of taxability on these associations would be that any taxes paid from the special funds of the associations would demish special fund assets needed to fund promised pensions and other benefits and would thus directly add to fund requirements to be met out of the state Police and Fire Aid program and local tax levies for the special fund of each association: ,. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center to urgently request that federal legislation be passed which would authorize exemption of these organizations in a manner similar to that provided for teachers' retirement under Section 501 (c) (11); and BE IT FURTHER RESOLVED that this resolution be sent to the Minnesota Congressional delegation, area state legislators, and the League of Minnesota Cities. 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. I Member introduced the following resolution and moved its adoption h RESOLUTION NO. RESOLUTION URGING IMMEDIATE ACTION BY THE LEGISLATURE TO RESOLVE THE STATE'S SHORT -TERM CASH FLOW AND LONG -RANGE DEFICIT PROBLEMS WHEREAS, because of the State's huge budget deficit, the State of Minnesota has notified the City of Brooklyn Center that its November 15 installment payments of both local government aid and homestead credit will be deferred to an ` unknown date; and WHEREAS, the State has also indicated that the December payments, of the same aids may also be deferred; and WHEREAS, the deferred payments due to the City for November and December total $652,022 and represent approximately eleven per cent of the City's 1981 General Fund and Debt Retirement Budget; and WHEREAS, the City faces the uncertainty of not only knowing when these payments are to be made but also the uncertainty of whether the payments will be reduced or eliminated entirely; and WHEREAS, because of the State's budget deficit, the City also faces the possibility of local government aid and homestead credit cuts in 1982; and L WHEREAS, Minnesota Cities have been asked to bear a disproportinate share of the State's cash flow problem because the Governor is prohibited by law from unilaterally cutting school aids or delaying their payment; and WHEREAS, it is likely that the'Governor will call a special session of the Legislature to deal with the State's short -term cash flow program and ignore, in that session, the State's long range deficit problems and WHEREAS, postponing the problems will mean that cities will have to live longer with financial uncertainty and be less able to plan for likely 1982 cutbacks: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center to urgently request that the Governor and Legislature act quickly in special session to (1) change "S.F.1" to allow the Governor to make delays or cuts in school payments so the cash flow and deficit problem can be spread more equitably among local governments; (2) commit the State to pay 1981 payments to cities in full; and (3) address the State's long range deficit problems: BE IF FURTHER RESOLVED that this resolution be sent to area legislators, appropriate legislative committees, and the League of Minnesota Cities. Date Mayor RESOLUTION NO. • L.._ 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. e i i Member introduced the following reso- lution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARIWz COST TO BE ASSESSED AND CRDERING PREPARATION OF PROPOSED ASSESSMENT FOR M\4PROVEMENT PROTECT NO. 1980 -24 (67TH AVENUE NORTH STORM SEWER EaTENSION) j tti�lE�.2E'AS, construction of Storm Sewer Improvemen t Project No. 1980 -24 is ccanplete. The tabulated costs are: Construction $199,450.75 Engineering (@ 90 of (bnstruction Cbst) 17,950.57 Administration (@ 1% of Construction Cost) 1,994.51 Legal & Bonding (@ 1% of Construction Cost) 1,994.51 Interest 12,914.44 Other (Construction directly 1,443.20 invoiced to others) so that the total cost of the improvement will be $235,747.98. NOW, TBEREFORE, BE IT RESOLVED BY THE CITY CCC)UNCIL of the City of Brooklyn Center, Minnesota: 1. The portion of cost of such improvement to be paid through direct invoice to other parties is hereby declared to be $1,443.20 and the portion of the cost to be assessed against benefited property owners is declared to be $234,304.78. 2. The City Clerk, with the assistance of the City Engineer shall I. forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of lard within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall u completion of such p rop o sed 3. City C1 1 n th le Y Po �P P Po sed assess ment notify the Council thereof. Date Mayor ATTEST: - Clerk 4he motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the follow- ing 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 N0. RESOLUTION PRCVIDING FOR HEARING ON PROPOSED ASSESSMET]T FOR I1*4PROV 4ENT PROJECT NO. 1980 -24 (67TH AVENUE NCIRTH STORM SEWER EXTENSION) BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY CF BROOKLYN CENTER, Minnesota: 1. A hearing shall be held on the 21st day of December, 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following irrprovement: Storm Sewer Improvement Project No. 1980 -24 at such time and place all persons owning property affected by such r unp ovement will be given an opportunity to be heard with � reference to such assessments. 2. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall f state in the notice the total cost of the improvement. 3 The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less - than two weeks prior to the hearing. 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. Manber introduced the following resolution and moved its adoption: - RESOTIWTION NO. RESOWTION DMLARIN3 COST TO BE ASSESSED AND ORDERIM PREPARATION OF PROPOSED ASSFS-cPIENT FOR IMPRWEMETIT PROJECT NO. 1981 -05 (FARLE BROWN DRIVE FRATER MAIN) %WREAS, construction of Water Main Improvement Project No. 1981 -05 is ccmplete. The tabulated costs are: Construction $28,463.60 Engineering (@ 9 of Construction Cost) 2,561.72 Administration (@ 1% of Construction Cost) 284.64 Legal & Bonding (@ 1% of Construction Cost) 284.64 _ Interest 1,316.44 so that the total cost of this improvement is $32,911.04. NOW, TBEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $32,911.04. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected', without regard to cash valuation, as provided bylaw, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. 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 saner: whereupon said resolution was declared duly passed and adopted. r - Member introduced the followinq resolution and moved its adoption:. RESOIZJTION NO. RESOT -UTION PRCVIDING FOR HEARI U ON PROPOSED ASSESSM 1T FOR R PRUJEMFNT PROJECT NO. 1981 -05 (EARLE BROWN DRIVE WATER MAIN) BE IT RESOLVED' BY TIE CITY CO JNCIL CF THE CITY CE BROOKLYN CHMER, Minnesota 1. A hearing shall be held on the 21st day of December, 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following improvement: Water Main Improvement Project No.. 1981 - at such time and place all persons owning property affected by j such improvement will be given an opportunity to be heard with reference to such assessments. 2. Zhe City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official ! newspaper at least two weeks prior to the hearing, and he shall state in the notice the total.cost of the improvement. 3. 'Ihe City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. - Date M F ATTEST: Clerk 1 Zhe 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: 1 whereupon said resolution was declared duly passed and ad Po y � °pted. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARIN3 COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPRCVFMENT PROJECT NO. 1981 -06 (EARLE BROWN DRIVE SANITARY S13% 7 F'R) WHEREAS, construction of Sanitary Sewer Improvement Project No. 1981 -06 is canplete. The tabulated costs are: Construction $19,096.70 Engineering (@ 9% of Construction Cost) 1,718.70 Administration (@ 1% of Construction Cost) 190.97 legal & Bonding (@ 1% of Construction Cost) 190.97 Interest 706.58 enent will be $21,903.92. f the rov o $ so that the total cost o NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $21,903.92. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall upon the campletion of such proposed assess- ment notify the Council thereof. 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 follow - ing 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: RESOIDTION NO. RESOTUTION PROVIDING FOR HEARIM ON PROPOSED ASSES IT FOR 7MPRCdEMENI' PROJBCT NO. 1981 -06 (EARLE BROWN DRIVE SANITARY SEWER) BE IT RESOLVED BY THE CITY COUNCIL Cp THE CITY OF BROOKLYN CHIIRR, Mimesota: 1. A hearing shall be held on the 21st day of December, 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following improvement: Sanitary Sewer Improvement Project No. 1981 -06 at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 2. 'Ihe City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official ! newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. '. 3. The City Clerk shall cause mailed notice to be given to the tamer of each parcel described in the assessment roll not less than two weeks prior to the hearing. Date Mayor ATTEST: Clerk Zhe motion for the adoption of the foregoing resolution was duly seoonded by men ber , 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 McTber introduced the following resolution and moved its adoption: 40 RESOWTION NO. RESOLUTION DECLARINS COST TO BE ASSESSED AND CRDER LM PREPARATION CF PROPOSED ASSESSMENT FOR A PORTION OF 1MPRC EMENT PROJECT NO. 1981 -07 (EARLE BROW DRIVE STORM SLWFR) W ? AS, construction of Storm Sewer Improvement Project No. 1981 -07 is ccanplete. The tabulated costs are: Construction $30,812.40 Engineering (@ 90 of Construction Cost) 2,773.12 Administration (@ 10 of Construction Cost) 308.12 Legal & Bonding (@ 1% of Construction Cost) 308.12 Interest 1,425.07 so that the total cost of the improvement will be $35,626.83. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The portion of cost of such improvement to be assessed equally against the Industrial Park Assessment District south of F.A.I. 94 as established in City Council Resolution No. 70 -90, adopted by the Brooklyn Center City Council on July 13, 1970, is declared to be $7,174.30, and the portion of the cost to be assessed against benefited property owners is declared to be $28,452.53. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall upon the completion of such proposed assess- ment notify the Council thereof i i Date Mayor I ATTEST: . Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the follow— ing 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 N0. RESOLUJTION PROVIDIM FOR HEARING ON PROPOSED ASSESS FOR A PORTION OF IMPI W04ENT PROJECT NO. 1981 -07 (FARLE BROWN DRIVE STOP! SEWER) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN7.IER, Minnesota: 1. A hearing shall be held on the 21st day of December, 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following improvement: Storm Sewer ? mprovement Project No. 1981 -07 at such time and place all persons owninq property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk is directed to cause a notice of the hearinq on the proposed assessment to be published once in the official G newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. 3. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than tvD weeks prior to the hearing. 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.` Li RESOUJTION CONSOLIDATING A PORTION OF STREET IMPROVEMENT PROJECT NO. 1979 -06 (SHUULE CREEK PARKWAY), STREET IMPROVE- MENT PROJECT NJ. 1980 -02 (SU M4IT DRIVE) , STREET EAPROVEMIT PR PORTION O PROJECT NO - 2 SH A PO T E' . 1981 0 INGLE CREEK PARKWAY a STORM SEWER R 1 -0 BROW IMP CS�TEIKQV'I' PROJECT N0. 198 7 EARLE BRO RODE DRIVE) , AND STREET IMPRCVE1v= PROJECT NO. 1981 -08, DECLAR- ING COST TO BE ASSESSED, AND ORDERING PREPARATION CF PRO- POSED ASSESSNENT WHEREAS, Resolution No. 70 -90, adopted by the Brooklyn Center City Council on July 13, 1970, established assessment districts within the Industrial Park; and WHEREAS, Improvement Projects Nos. 1979 -06, 1980 -02, 1981 -02, 1981 -07 and 1981 -08 have been constructed within and attributable to the South assessment district as defined in said Resolution No. 70 -90; and MEMEAS, Minnesota Statutes Chapter 429 and 435.56 authorize the consolidation as said public improvement projects; and WHEREAS, City Council Resolution No. 81 -156, adopted on August 10, 1981, established the portion of the cost of improvement Project No. 1979 - 06, placed under construction in accordance with Agreement No. 59356 with the State of Minnesota Department of Transportation, to be assessed against benefited prop - exty in the Industrial Park area south of F.A.I. 94 to be $35,193. and WHEREAS, the construction of Improvement Project No 1980 -02 is camplete and the tabulated costs are: Construction $55,915.00 Engineering (@ 9% of Construction Cost) 5,032.35 Administration (@ 1% of Construction Cost) 559.15 Legal & Bonding (@ 1% of Construction Cost) 559.15 Interest 8,740.92 so that the total cost of this improvement is $70,806.57; and WHEMM the construction of Improvement Project No. 1981 -02 is can- plete and the tabulated costs are: Construction $133,550.58 Engineering (@ 9% of Construction Cost) 12,019.55 Administration (@ 1% of Construction Cost) 1,335.51 Legal & Bonding (@ 1% of Construction Cost 1,335.51 Interest 8,647.40 Other (Retaining wall constructed by City work 1,840.34 forces) (Construction directly invoiced to others) 4,882.21 so that the total cost of this improvement is $163,611.10; and I l WHEREAS, the cost of construction of Improvement Project No. 1981 -07 was established by Resolution No. 81- and-the portion of the cost of said project to be assessed against the Industrial Park Assessment District south of F.A.I. 94 as established in said Resolution No. 70 - 90 has been determined to be $7,174.30; and RESOLUTION NO. V ERFAS, the construction of Improvement Project No. 1981 -08 is complete and the tabulated costs are: Construction $195,715.59 Engineering (@ 9% of Construction Cost) 17, 614.40 Administration (@ 1% of Construction Cost) 1,957.16 Legal & Bonding (@ 1% of Construction Cost) 1,957.16 Interest 9,051.85 so that the total cost of this improvement is $226,296.16. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. Improvement Projects Nos. 1980 -02, 1981 -02, 1981 -08, and portions of Improvement Projects Nos. 1979 -06 and 1981 -07 are hereby con- solidated into one project for all subsequent proceedings. 2. The total cost of the consolidated improvement is $503,081.62. s r 3. The portion of the cost of such improvement to be paid through t direct invoice to other parties is hereby declared to be $4,882.21, and the portion of the cost to be assessed against benefited property owners in the Industrial Park area south of F.A.I. 94 is hereby declared to be $498,199.41. 4. The City Clerk, with the assistance of the City Fnqineer, shall . forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or par- cel of land within the Industrial Park area south of F.A.I. 94 without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. Date Mayor ATTEST: erk 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 resolu- tion and moved its adoption: RESON MON NO, RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR 1MPROVEMENP PROJECT NOS. 1980 - 02,'1981 -02, AND 1981 -08 AND A PORTION CF E PROJECTS NOS. 1979 -06 AND 1981 -07 BE IT RESOLVED By THE CITY CCJUNCIL OF TPE CITY C P BROOKLYN CE'N'I' M, Minnesota: 1. A hearing shall be held on the 21st day of December, 1981, in the City Hail at 8:00 P.M. to pass upon the proposed assessments for the following improvements: Shingle Creek Parkway Street Improvement Projects Nos. 1979 -06, 1981 -02 Summit Drive Street Improvement Project No. 1980 -02 Earle Brown Drive Storm Sewer Improvement Project No. 1981 -07 Earle Brown Drive Street Improvement Project No. 1981 -08 r at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at lest two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. 3. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 DECL,ARINS COST TO BE ASSESSED AID ORDERIM PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PFa= NO. 1981 -17 (COUNTY STATE AID HIGHWAY 10 STREET) MU REAS, construction of Street Improvement Project No. 1981 -17 is complete. The tabulated costs are: Construction $27,512.74 Figineering (@ 9% of Construction Cost) 2,476.15 Administration (@ to of Construction Cost) 275.13 Legal & Bonding (@ 1% of Construction Cost) 275.13 ` Interest 763.48 Other (Electrical Transformer Relocation) 999.56 .so that the total cost of the improvement will be $32,302.19. NOW, FORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: i 1. The portion of the cost to be assessed against benefited property owners is declared to be $32,302.19. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of I such proposed assessment in his office for public inspection. f 3. The City Clerk shall upon the completion of such proposed assess- ment notify the Council thereof. 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 follow- ing voted in favor thereof: and the following voted against the same: mhereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: r RESOLUTION N0. RESOLUTION PROVIDIM FOR HEARIM ON PROPOSED ASSESSMENT FOR IMPROVE MEW PROJECT NO. 1981 -17 (C . S . A. H . 10 STS XFT) r BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY CF BROOKLYN CZl'I'ER, Minnesota: 1. A hearing shall be held on the 21st day of Decenber, 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following improvement: Street Improvement Project No. 1981 -17 at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 2. r1he City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. i F .3. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Date Mayor A7.TI'EST: Clerk i ahewtion 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 GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES AND REAL ESTATE FOR APPROVAL, - i AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS j BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota (the Municipality), as follows: Section 1. Recitals and Findings 1.1. This Council has received a proposal that the Munici pality finance a portion or all of the cost of a proposed project under Minnesota Statutes, Chapter 474 (the Act), consisting of the acquisition of land within the Municipality, and the acquisition, construction and equipping of a building thereon for use as a warehouse and office building (the Project) by Shingle Creek Development Company, a Minnesota general partnership (the Partnership). Under the proposal, the Partner- ship would lease space in the Project to one or more tenants. 1.2 At a public hearing, duly noticed and held on November 23 , f 1981, in accordance with the Act, on the proposal to undertake and finance the Projects, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, f attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State has encouraged local government units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Act. (c) The existence of the Project would add to the tax base of the Municipality, the County and School District in which the Project is to be located and would provide increased opportunities for employment for residents of the Municipality and surrounding area. (d) This Council has been advised b representatives of the Partnership Y P P that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. RESOLUTION N0. (e) This Council has also been advised by representatives of the Partnership, that on the basis of their discussions with potential buyers of tax - exempt bonds, revenue bonds of the Municipality (which may be in the form of a commercial development revenue note or notes) could be issued and sold upon favorable rates and terms to finance the Project. (f) The Municipality is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful , in connection with a revenue producing enterprise, such as that of the Partnership, and the issuance of such bonds by the Municipality would be a substantial inducement to the Partnership to acquire, construct and equip the Project. Section 2. Preliminary Approval of the Project 2.1. On the basis of information given the Municipality to date, it appears that it would be desirable for the Municipality to issue its revenue bonds under the provisions of the Act to finance the Project in an amount not exceeding $2,172,150. a 2.2. It is hereby determined to proceed with the Project and their financing and the Project are hereby given preliminary approval by the Municipality and the issuance of revenue bonds of the Municipality in such amount is hereby approved, subject to the approval of the Project by the commissioner of Securities and Real Estate, the fulfillment of such other conditions as the Municipality may .require with respect to the issuance of its bonds in connection with the Project, and the E: mutual agreement of this Council and the Partnership as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds of the Municipality shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Municipality, except the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project which it is financing and property pledged to the payment thereof, and shall not constitute a debt of the Municipality. 2.3. The form of the Application to the Commissioner of Securities and Real Estate, with attachments, is hereby approved, and the Mayor and City Manager are authorized to execute said documents in behalf of the Municipality. 2.4. In accordance with Section 474.10, Subdivision 7a of the Act, the Mayor and City Manager are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities and Real Estate for approval of the Projects. The Mayor, City Manager, City Attorney and other officers, employees and agents of the Municipality are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if they are approved by the Commissioner. } RESOLUTION NO. Section 3. General 3.1. If the bonds are issued and sold, the Municipality will enter into one or more leases, sale or loan agreements or similar agreements satisfying the requirements of the Act (the Revenue Agreement) with the Partnership. The lease rentals, installment sale payments, loan repayments or other amounts payable by the Partnership to the Municipality under the Revenue Agreement shall be sufficient to pay the principal, interest and redemption premium, if any, on the bonds as and when the same shall become due and payable. 3.2. The Partnership has agreed and it is hereby determined that any and all direct and indirect costs incurred by the Municipality in connection with this Project, whether or not the Project is carried to completion, and whether or not approved by the Commissioner of Securities and Real Estate, and whether or not the Municipality by resolution authorizes the issuance of the bonds, will be paid by the Partnership upon request. 3.3. The Mayor and City Manager are directed, if the bonds are issued and sold, thereafter to comply with the provisions of Minnesota Statutes, Section 474.01, Subdivision 8. Date Mayor is 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. m CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1981 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding rules governing off -site accessory parking. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OFF -SITE ACCESSORY PARKING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: i Section I. Section 35 -701:3 (a) of the Brooklyn Center Zoning Ordinance is hereby repealed. ' Section 2. Section 35 -701:3 (b) is hereby amended in the following manner: [(b)] (a) Accessory off -site parking shall be permitted only on properties located in districts zoned Commercial (Cl, CIA, C2) and Industrial (I -1, I -2), and on properties which are institutional uses in residential zones [and having the same or less restrictive zoning classification as the principal use]. Accessory off -site parking shall be permitted on land having t he s ame or less restrictive zoning classification as the pri use and may be permitted in more restrictive zones if the buffer and setback provisions re- ui red of the n r1 ci al use are on p met the property containing n G p p p y 9 the off -site acce parking For the purpose of this section of the ordinance, institutional uses in residential zones shall have the same status as C1 zoned property. Section 3. The enumeration of the remaining subsections of 35 -701:3 follows in order from (b) to (g). Section 4. This ordinance shall. become effective after adoption and upon thin 30 days fol l owi ng P Y � ) Y o l pis legal publicatson. Adopted this day of = 19 Mayor ATTEST: Clerk Date of Publi - Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) { Licenses to be approved by the City Council on November 23, 1981 0-ffi .'IIRISTMAS TREE SALES LICENSE P.Q.T Company 4007 58th Ave. N. City Clerk FOOD ESTABLISHMENT LICENSE United Artists Movies of Brookdale 5810 Shingle Cr. Pkwy. Sanitarian PERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Hoffman Eng. 6530 James Ave. N. �m11► - Sanitarian RENTAL DWELLING LICENSE Initial: Donald L. Parkin 5624 Camden Ave. N. Peter & Lillian Ulmaniec 5907 Colfax Ave. N. Michael L. Goodwin 5134 Ewing Ave. N. Jayne C..Pangerl 5354 70th Circle Janice L. Van DenBerg 4406 71st Ave. N. Renewal: Rafael Rocha 5324, 26 James Ave. N. J.G. Strand 5329 Penn Ave. N. Ernest W. Gertzen 5347, 49 Penn Ave. N. Carin Lee Rudolph 5318, 20 Queen Ave. N. Dennis Tollefson 5328, 30 Queen Ave N. Gene & Anna Gullord 5337, 39 Queen Ave. N. Robert Messersmith 5338, 40 Queen Ave. N. Brian Torola 4708, 12 Twin Lake Ave. N G L Joseph J. Kennedy 505, 09 61st Ave. N. Pla d Director of of Pla nnin g and Inspection TEMPORARY ON -SALE BEER LICENSE St. Alphonsus Church 7025 Halifax Ave. N. . City Clerk