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Home My WebLink About1979 04-09 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center April 9, 1979 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes March 26, 1979 - Special Session - March 30, 1979 5. Open Forum 6. Resolutions: , a. Accepting Bids for Furnishing and Installing a Telephone Communications System for City Hall. -The telephone system for City Hall was approved as part of the 1979 budget. It is recommended the bid of Hauenstein & Burmeister, Inc. in the amount of $44,308 for furnishing and installing a telephone' communications system for City Hall be accepted. This resolution was deferred at the March 26, 1979 City Council meeting. b. Accepting Quotations for Chairs for Community Center. -Was approved as part of the 1979 budget. C. Amending Expense Rei.mburseiaeiri ruii�e�. -Due to an increase in costs, it is recommended the reimbursement rate for meals and personal use of auto be increased. d. Expressing Recognition of and Appreciation to Mr. Don Bogle. - Resigned from Park and Recreation Commission. e. Ordering the Abatement of Unsanitary, Unsafe and Hazardous Conditions Existing at 6213 Beard Avenue North in the City of Brooklyn Center Such that this Dwelling is Unfit for Human Habitation. _ Brooklyn iss ed b the City of Broo Thee compliance order is u y Y Y nC enter the unsafe conditions and health hazards existing at far 6213 Beard Avenue North has not been met; therefore, it is recommended the City of Brooklyn Center correct the condi- tions of deficiency and place a lien against the real estate described. The cost should then be levied and collected as a special assessment in the manner provided by Minnesota Statutes Chapter 429 with compliance being effected by the authority of Section 12 -1206 of the Ordinances of the City of Brooklyn Center. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY, OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR-SESSION MARCH 26, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present was City Manager Gerald Splinter, Acting Director of Public Works James Noska, City Attorney Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of Finance Paul Holmlund, City Clerk Al Lindman, Director of Parks and Recreation Gene Hagel, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION The invocation was offered by Councilmember Scott. APPROVAL OF MINUTES - MARCH 12, 1979 There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of March 12, 1979 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. Councilmember Fignar abstained as he was not present at the March 12 Council meeting. OPEN EOKU i Mayor Nyquist opened the meeting for the purposes of the Open Forum session. The Mayor recognized Mr. Vern Velasco, 5613 Aldrich Avenue North, who encouraged Council support and attendance at Kaleidoscope.1979. Mr. Velasco noted he was the Chairperson of Kaleidoscope '79. He stated Kaleidoscope was a showcase of .the resources of the community. Kaleidoscope provides a lively atmosphere in which community resources and services 'can show themselves to the City; He noted it was expected that over 4,000 people would attend. Admission for Kaleidoscope is free. Mr. Velasco did encourage Council members to purchase a Kaleidoscope button for $1 as a way of voluntarily supporting Kaleidoscope. He explained Kaleidoscope '79 was the fourth Kaleidoscope. Mayor Nyquist offered the City's and the Council's support for Kaleidoscope and indicated the Council was planning on attending. Mayor Nyquist inquired if there was anyone else present who wished to address the Council as part of the Open Forum; there being none, the Mayor proceeded with the rest of the meeting. APPOINTMENTS The City Manager introduced the next agenda item, an appointment, to the Human Rights Commission. He noted the Council had received in their agenda packet an application for appointment to the Brooklyn Center Human Rights Commission from Ms. Ember D. Reich Councilmember Lhotka explained Mr. Al Weyrauch, Chair of the Human Rights Commission, and he had interviewed Ms. Reichgott and recommend her appointment to the Human Rights Commission. 3 -26 -79 -1- t There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the appointment of Ms. Ember Reichgott to the Brooklyn Center Human Rights Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager explained the next agenda item was an appointment to the CATV Com -* mission Subcommittee. He explained the subcommittee was being created to study and initiate a "needs assessment" for the proposed nine communities CATV Commission. The "needs assessment" is a requirement of the State Cable Board before franchising negotiations may be initiated with companies providing cable television service. He further explained it was decided that one representative from each of the.nine communities should be a member of the subcommittee. Regardless of whether communities' decide to franchise with cable service companies individually, or jointly through the CATV Commission, a great deal-of preliminary work can be done at this time on the "needs assessment" which will benefit each community. The City Manager noted the representative appointed to the subcommittee may be a City staff person or an elected official. Councilmember Fignar noted he would be interested in serving on the subcommittee but did have a conflict with the first meeting scheduled. The City Manager suggested Councilmember Fignar might wish to be designated as the representative from the City of Brooklyn Center with Administrative Assistant Mary Harty serving as the alternate member. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to appoint Councilmember Fignar as the representative from Brooklyn Center to the CATV Commission Subcommittee with Administrative Assistant Mary Harty serving as the alternate. Voting in favor: Mayor Nyquist , Councilmembers Kuefler, Fignar,. Lhotka, and Scott. Voting against: none. i_Ue Inut oii passed unanimously. RESOLUTIONS The City Manager introduced a resolution accepting bids for furnishing and installing a telephone communications system for City Hall. He noted the telephone system for City Hall was approved as part of the 1979 budget. He recommended the bid of Hauenstein & Burmeister, Inc. in the amount of $44,308 for furnishing and installing a telephone communications system for City Hall be accepted. In discussion of the resolution, Councilmember Scott asked if there would be any problems with the transition to a new system. She questioned whether there would be an interruption in service. The City Clerk explained the transition would be smooth. He explained there would not be an interruption in service during the transition unless possibly a minute or less. Councilmember Lhotka explained his wife was a Northwestern Bell employee. She was employed as an Office Manager and was not involved in sales'and marketing. He explained he wished this to be noted for the record. Councilmember Lhotka further commented he did not feel there was a conflict of interest but again wanted this fact noted for the record. Councilmember Lhotka questioned how a savings of $6,082.20 was arrived at,, as noted in a memorandum from the City Clerk to the City Manager. In replying, the City Clerk compared the Hauenstein & Burmeister 'bid with the Northwestern Bell Telephone bid. He explained consideration must be given to the Northwestern Bell monthly service charge of $662.30 or $7,947.60 annually. This annual sum deducted from the difference of the two bids, Hauenstein & Burmeister $44,308 and North- western Bell $36,537.16 equals $7,780.84 (leaving a minus sum of $176.76 the first year of operation of a new system). The second year of operation would cost $1,508.65 per month with Northwestern Bell and $1,001.80 per month with Hauenstein & Burmeister, a monthly cost differential of $506.85 or $6,082.20 annually. 3 -26 -79 -2- Additionally, amortizing the cost of the new system ($44,308) against what we now have will take approximately 37 months, following which the City will enjoy a relatively inexpensive and efficient telephone system. Councilmember Lhotka asked for a clarification of the way the specs for the phone system were written. He suggested it was his understanding that Northwestern Bell turned in the bid which they did because of the way the specs were written and that Northwestern Bell did not recommend the specs ; as written. Northwestern Bell does recommend another type of system. The City Clerk responded the system which Northwestern Bell recommends does not comprehend button phones. The City Clerk explained he did not feel the City could operate without button phones particularly in such areas as the Park and Recreation.Department and the Police Department. Councilmember Kuefler suggested the phones could be answered simply as City Hall and the lines could then be transferred to the appropriate person. The City Clerk noted that was correct. The City ,Clerk stated the Hauenstein & Burmeister bid was the lowest bid and would give us exactly what we wanted in a system; whereas, Northwestern Bell's bid for a system which met the specs as written by the City would cost more. The system that Northwestern Bell recommends does not comprehend buttons and would not be the best system for the City. Mayor Nyquist expressed concern over maintenance and particular concern over buck passing when a problem arises. Mayor Nyquist noted he was concerned with the problem of interfacing between a private company and Northwestern Bell. The City Manager explained we have the same potential problem with other systems in the City such as the alarm system and the controls to wells and water towers. .. T d' ♦ _• 1 L L „ ^. s-'1 04- 9 'I ... the c_ a- If Llieie is a problem with one of these .systercis, - he V.LL 4Q.1. the instrumcr.L people and they determine what the problem is. Based on their determination as to the root of the problem, the company at fault must rectify the problem. Councilmember Kuefler complimented the City.Clerk for trying to save the City money. He did express concern over a question of the phone industry going through a reshuffling and what problems that might lead to in the future. He questioned how the specs have been set up and whether or not they were set up for growth. The City Clerk noted the Hauenstein & Burmeister system does compre- hend growth. The City Manager explained the reason for recommending changing the system is not that the City is dissatisfied with the present service; however, the driving force for making the change is economics. With the Hauenstein & Burmeister system, the City would be saving upwards of $6,000 a year and at the same time could meet the needs of the City. Councilmember Kuefler commented the reason Northwestern Bell could not sell their equipment, only lease it, was that Northwestern Bell as a public utility is "regu- lated by a Public Service Commission. He commented in the next two or three years, Northwestern Bell may be offering the same type of system at a competitive price. He _questioned whether or not we would be able to return to the Bell system in the future, if the City so desired. The City Manager commented this system would be paid for within 37 months and at that time the City certainly could change systems, if the City so desired: Councilmember Lhotka questioned whether or not the City would insure the system if purchased from Hauenstein & Burmeister. The City Clerk responded the City would insure the system but the cost would be minimal, approximately $205 per ,year. 3 -26 -79 -3- t Councilmember Lhotka questioned whether the .Hauenstein & Burmeister system would be compatible with our LOGIS system. The City Clerk replied that our present system is not tied into LOGIS and it is not anticipated that we would tie in LOGIS to the Hauenstein & Burmeister system because the LOGIS system tie would up a line for six or more hours per day. Councilmember Lhotka questioned whether the purchase of the Hauenstein & Burmeister system would have any effect on the 911 system. The City Manager responded it would'have no effect on the 911 system. The 911 system will have an affect on the switching system but not on the actual telephone system as 'installed in the City. He explained there should be no interface problems. Referring to an earlier question, Councilmember Fignar asked for a clarification of the insurance cost. The City Clerk explained the City would insure the phone system as the City insures other equipment such as boilers, etc. The cost would be approximately $105 per year and that that is a cost we presently do not have but, the cost is minimal. Councilmember Fignar questioned whether or not Hauenstein & Burmeister Company was also regulated by the Service Commission. The City Clerk replied Hauenstein & Burmeister is a private company and, therefore, they are not regulated by the Public Service Commission. The City Manager explained several years ago there was a court ruling that Bell could not control what type of equipment was used to tie into their system. Councilmember Fignar questioned what the longevity of the Hauenstein & Burmeister Company was and what their track record was in.terms of service. The City Clerk rr�c nnrlcrl tharA j.Ta4 a rf?r�rPCPntat �7a fY�1tT1 N?�7PnSrP ITl & R1IrTT i S( P_1" in attendance at .the Council meeting, Mr. Charles Hatfield. The City Clerk.suggested..the CouncilM might wish to ask Mr. Hatfield questions about the business. Mr. Hatfield responded the company had been in business over 75 years and had been in the phone business since 1968. Councilmember Lhotka questioned what arrangements Hauenstein & Burmeister made for maintenance. Mr. Hatfield replied the company has 15 men which handle this type of service only. The crew is on call 24 hours a day. In response to questions from the Council as to where the company was based, Mr. Hatfield replied the company was based in Minneapolis at 2629 30th,Avenue South. Councilmember Lhotka questioned.whether or not there were parts available readily for the Hauenstein & Burmeister system. Mr. Hatfield replied the company keeps entire systems in inventory. In response to questions as to the expansion capability of the Hauenstein & Burmeister system, Mr. Hatfield explained the system could be expanded to 192 phones.- He explained there would be a one time charge of- approximately $135 to install a new phone. In response to questions from the Council as to the;possi- bility of cost increases, Mr. Hatfield replied costs have remained lateral for as long as up to five years. The $1.85 per phone per month maintenance charge has remained the same for the last two years. Councilmember Fignar questioned how the City would handle the problem if the City felt it was occurring in one of the trunk lines. Mr. Hatfield replied the Hauenstein & Burmeister Company suggests the City follow a standard policy. If the City suspects the problem is with the Bell trunk line, Hauenstein & Burmeister suggests the City call Hauenstein & Burmeister and 'Hauenstein & Burmeister will 3 -26 -79 -4- help to diagnose the problem over the phone. Hauenstein & Burmeister will then call Northwestern Bell and talk with them on a technical basis. He explained they have been receptive to this way of handling the problem. Councilmember Lhotka questioned if the City wanted to return to the Bell system in a few years what the salvage value of the Hauenstein & Burmeister system would be. Mr. Hatfield replied Hauenstein & Burmeister has a standard policy which allows a 101 depreciation on equipment value per year and guarantees a buy back. Mr.. Hatfield.explained this buy back and 10% depreciation would be on equipment costs only and not on installation. He explained the equipment costs ran approxi- mately 70% of the bid cost. He explained that this guaranteed buy back was written in as part of the contract. Councilmember Kuefler questioned what guarantee the City has on maintenance service from Hauenstein & Burmeister. Mr. Hatfield explained Hauenstein & Burmeister was reliant on customer referrals and if Hauenstein & Burmeister provided poor service they would have trouble staying in business. The City Clerk introduced Mr. Barry, a representative of Northwestern Bell. The Council questioned what the maintenance cost would be for a Northwestern Bell phone. Mr. Barry replied it would be approximately $1.20 per phone per month but one instrument pack for each four phones would also be necessitated, at an approxi- mate cost of $7.00 per instrument pack. In response to questions from the Council, he explained the initial cost for the installation of a new phone would be approxi- mately $50 to $60. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to table a decision on the resolution to accept bids for furnishing and installing a telephoneicommunicat on system for City Hall until more information could be gathered, t?: appr^ i^:e'-^ t frame of two ucel-s to one month for the defcrral. As part of the motion it was noted the change is a major change on a critical piece of equipment and the Council desires more information on the company of Hauenstein & Burmeister. As part of the motion it was also requested that the City Manager verify with other companies which have installed Hauenstein & Burmeister systems, the credibility and service of Hauenstein & Burmiester. The Council wished information from both the private and the public sector. The Council wished to have a copy of the contract as well as cost breakdown information. In discussion of the motion, the City Clerk explained the deadline for accepting the bid proposal for Hauenstein & Burmeister had expired two weeks ago and the company had extended the bid until this evening's Council meeting. The bid proposal expires after tonight's Council meeting. The City Clerk suggested the Council might wish to ask the Hauenstein & Burmeister representative whether or not the bid could be extended. Mr. Hatfield stated the company would be willing to extend the bid for two weeks. Councilmember Kuefler again commended the City Clerk for the work he had done in attempting to find the best system for the least amount of money. Councilmember Kuefler stated he felt the proposal from Hauenstein & Burmeister was a good proposal, particularly in light of the buy back clause. Councilmember Kuefler stated it does not appear that Northwestern Bell can compete the Hauenstein & Burmeister system at this time. Councilmember Kuefler further stated he had no problem with deferring a decision for two weeks. In vote on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 3 =26 -79 -5- PLANNING COMMISSION ITEM The City Manager introduced Planning Commission Application No. 79008 submitted by Allen I. Dale for preliminary plat approval for the replatting of property to be known as Dale and Davies 3rd Addition, located at Lakebreeze and France Avenues 0 North. The Planning Commission recommended approval at its March 15, 1979 Planning Commission meeting, The Director of Planning and Inspection explained that the City Council, in approving site and building plans for an approximate 32,000 square foot warehouse, showroom and office site for the Dale Tile Company, stip.31ated as conditions to approval that the property be replatted and that the preliminary plat be submitted before issuance of building permits. The effect of the replatting is to shift the current property line easterly so that the proposed new building would be located on a single parcel. The applicant is required to execute the necessary agreements to provide joint access to both Lots l and 2. In addition, a 20 foot drainage and utility easement is necessary along the west property line of Lot 2. The Director of Planning and Inspection also noted the drainage problems of the area in and around the Dale and Davies site were extensive and should be solved in a comprehensive rather than a piecemeal fashion. The Director of Planning and Inspection also noted it was the intention of the City staff to meet with the appli- cant to work out a common solution to the drainage problem. Councilmember Kuefler questioned whether additional terms of an easement should be specified in the conditions of approval. The Acting Director of Public Works stated the drainage problem could be solved with a 20 foot easement which is part of the present plat. He further noted the City will be meeting with the applicant in order to attempt to reach a more comprehensive solution but the problem can be solved with the 20 foot easement which is part of the plat. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve Planning Commission Application No. 7900`8 submitted by Allen I. Dale for preliminary plat approval for the replatting of property to be known as Dale and Davies 3rd Addition, located at Lakebreeze and France Avenues North subject to the following conditions: 1. Final plat is subject to review by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. An appropriate .. agreement for joint access purposes as approved by the City Engineer shall be filed as a deed restriction on the properties. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The City Manager >introduced•a discussion of the results of the recent survey of the residents along 53rd Avenue North between Camden and Colfax Avenues North with respect to preferences for upgrading 53rd Avenue North. The City Manager noted at the March 12, 1979 City Council meeting, the City Council deferred direction with regard to upgrading this section of 53rd Avenue North pending a further survey of abutting property owners. A further study has been conducted and the City Engineer is prepared to discuss the results of the survey as well as the Engineering Department's recommendation for roadway within this area. The City Manager further noted a letter had _been - sent to the property owners advising them of the discussion 3 -26 -79 -6- this evening scheduled for 8:00 p.m. The Acting Director of Public Works stated survey results showed that one resident had changed preference to a 16 foot roadway rather than a 20 foot roadway in the area of Camden to Colfax. He further noted three residents could not be contacted. One of those residents was in a nursing home, one of the residents was a new resi- dent and P referred not to comment, and one of the residents could not be reached. Of the total respondents, 25% of the residents on each block are looking for parking, in other words, a 20 foot roadway. The Acting Director of Public Works explained that the Engineering Department recommends a 20 foot roadway for the following reasons; first, the lots in the Camden to Colfax area are very narrow; second, the residents who indicate a pre- ference for parking have no other recourse for parking because Minneapolis has stated they will not allow Brooklyn Center residents to be parking on the Minne- apolis side; third, in the Engineering Department's estimation, a 20 foot roadway appears to be the most prudent decision as it relates to the present as well as future. utu re. In response to questions about the area from Penn Avenue to Oliver, the Acting Director of Public Works noted in additional surveys, one resident has indicated no preference. Councilmember Fignar questioned whether there was a cost difference between the 16 foot and 20 foot roadway. The Acting Director of Public Works responded there was no cost difference to the residents. Councilmember Lhotka questioned how close the residents' doorways might be to;the curb if the roadway is upgraded to 20 feet. The Acting Director of Public Works rcEi, - =1 t1., .a ..�+- ..,��J�c: jyorjj� }?o aTnrnvimat Pl_V ?R to 35 feet to the curb and the normal setback is 35 feet. J Councilmember Fignar asked if there is an even setback with the houses in the area. The Acting Director of Public Works responded the setbacks were somewhat varied but not significantly. The Mayor invited any residents who wished to comment to do so at this time. The Mayor recognized Mr. Arnold Duoos 818 53rd Avenue North, who stated he felt many people had a misunderstanding of whether or not there would be an entry and exit ramp on 53rd Avenue North to the freeway. He stated he felt this misunderstanding led people to believe there would be less traffic than there actually will be. Mr. Duoos also questioned why a three foot boulevard could not be eliminated. The Acting Director of Public Works explained it was preferred to leave a boulevard space as a place for snow. The Acting Director-of Public Works also stated if the roadway was upgraded to 20 feet it still would not be on private property it will be on City property. A brief discussion ensued as to what the configuration of the exit and entry to the freeway on 49th, 53rd and 57th would be like. The City Manager commented the traffic on 53rd Avenue is anticipated to be approximately the same as the amount. of traffic on 57th Avenue at the present time. The Mayor next recognized Mr. David Johnson, 802 53rd Avenue North, who stated he does not understand why the City recommends parking or a 20 foot roadway when only 25% of the residents surveyed preferred parking and 75% of the residents responding to the survey preferred a 16 foot roadway and no parking. The Acting Director of Public Works explained it has been the City's basic premise throughout 3 -26 -79 -7- this entire study that if any individuals in a given area expressed a desire for parking, that preference has held more weight. The reason this basic premise has been used is because there are almost no other alternatives for parking because there is not side street parking and cars cannot be parked on the Minneapolis side. Mr. Johnson stated he felt the City should lean towards the majority wishes. Mr. Gerald Taylor, 512 53rd Avenue North, also stated he felt the City should honor the wishes of the majority. The City Manager stated in the area of Bryant to Colfax the street could be upgraded to either 16 feet or 20 feet because the residents who showed a pre - ference for parking is actually a business which has parking available. Councilmember Lhotka questioned what would happen to the sidewalk if the street was upgraded to 20 feet. The Acting Director of Public Works responded the sidewalk would be removed and replaced and the sidewalks would be on the City boulevard area. Mr. Duoos again addressed the Council questioning why he would be made to hook up to Brooklyn Center water at an assessment cost of $1,500 when he was presently hooked to Minneapolis water.- The Acting Director of Public Works responded the area has been looked at several times to be hooked up to Brooklyn Center water but a decision and action has been deferred until a decision had been made on the upgrading of 53rd Avenue. At the time those residents were hooked up to Minneapolis water, there was no Brooklyn Center water main available for them to hook iin t'o. Councilmember Fignar questioned whether there would,.be.a credit allowed for those people who paid assessments to Minneapolis for their hook up. The Acting Director of Public Works responded records show that most paid no charge. Those hooked up in the late 50's or early 60's did pay an assessment charge and they would receive credit for that charge. Councilmember Fignar questioned whether there was an actual water main or several spaghetti like service lines. The Acting Director of Public Works responded Minneapolis records do not definitely show what exists there and it is likely that it is a spaghetti like service line possibly made of copper. It is highly unlikely that there is a true water main in the 'area. The City Manager explained there is a real potential problem there if water main is not ;installed at the time of the upgrading because if there were problems after the roadway had been upgraded, the entire new roadway would have to be torn up aad the cost would be borne by the residents.' If a problem arises in the future, the responsibility is to the City of Brooklyn Center not to the City of Minneapolis to take care of that problem and the cost would be entirely assessed to the home owners. Councilmember Fignar stated with those facts he felt it would not be a responsible action on the part of the Council to leave the 'situation as is. He stated the responsible action would be to place the new water main.' Councilmember Lhotka referred to a question asked at the March 12 Council meeting as to whether or not residents had been assessed for curb and gutter and if they had been assessed for curb and gutter would they be reassessed for another curb and gutter. The Acting Director of Public Works explained the City could not find records that those residents were assessed and the City had asked the 3 -26 -79 -8- residents in the area to furnish records that they had paid and if they could a decision could'be made on that point. To this point, no residents had come forth' with a record of payment. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to leave the roadway in the area of Camden to Colfax at 16 feet posted for no parking. Councilmember Fignar noted as part of the motion that 20 feet might be more appropriate from a strictly engineering point of view but concern for the residents as well as parking leads him to the recommendation for a 16 foot roadway. He further noted as part of the motion the majority of citizens in the area prefer a 16 foot roadway. In discussion of the motion, the Mayor questioned how crucial the parking was to those who have asked for it. Councilmember Kuefler questioned whether there was alleys in the area. Councilmember Scott noted as a point of information the residents would find it very difficult when they were moving cars in and out of their driveway to not park their cars, even for a very temporary time, on the street. She noted the situation on her street was similar and she has received many tickets simply trying to move cars in and out of the driveway. She commented the residents should be aware of that problem. Councilmember Lhotka commented he was not opposed to leaving the roadway at 16 feet. He commented he was concerned with the closeness of the street to the existing homes. He commented if the street was upgraded to 20 feet it would move the street approximately 4 feet closer to the homes. Councilmember Lhotka also stated he was concerned that the parking lane would be used`for a traffic lane rather than d pdikiirg laut— The Acting Director of Public Works explained the change in roadway widths should prevent two lanes of traffic. In vote on the motion, the following voted in favor: Councilmember Fignar. Voting against: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. The motion was denied. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to accept the staff recommendation on the three areas as follows: in the area of Oliver to Penn the roadway should be upgraded to 16 feet; in the area of Bryant to Colfax the roadway should be upgraded to 16 feet; and in the area from Camden to Bryant the roadway should be upgraded to 20 feet. In discussion of the motion, Councilmember Fignar stated Mr. Duoos had commented that he could go either way in terms of parking which leaves only two houses which prefer parking in the area of Camden to Bryant Mr. Johnson commented that one of the houses which prefers parking is currently up for sale. , He also suggested that during snow removal, the roadway would be considerably decreased and it would create a bottleneck in terms of traffic movement. The City Manager commented you do lose possibly an extra 2 feet which is why the 22 feet was originally recommended but the roadway does not serve only the purpose of moving traffic but it also serves parking needs in residential areas. The City Manager noted the Council was being asked to make a decision on that very point. 3 -26 -79 -9- Councilmember Fignar stated through many meetings the residents are fully aware of the situation and the majority of people still favor a 16 foot roadway. As far as future homeowners, those who would buy homes there would know what the situation was when they bought the home so the present residents should be given greatest consideration. In vote on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: Councilmember Fignar. The motion passed. RESOLUTIONS The City Manager introduced a resolution establishing a well maintenance project for well #8. He noted the project comprehends the reconditioning of well #8 due to a recent cave in of the sides of the well which has reduced the well capacity by 40 %. It is proposed that through bailing and either air decompression or air lifting of the materials creating the restriction, the well capacity will be returned to its original condition. Similar restrictions have occurred in other wells within the City shortly after their initial construction. These wells were reconditioned as proposed and no further capacity problems have been associated with these wells. In response to questions from the Council, the Acting Director of Public Works replied that the well in question was a new well. The Acting Director of Public Works showed the Council on a transparency the configuration of the well and indicated where the problem was. In response to questions from the Council, he explained the cost would be slightly under $ZU,000 and would be paid for trom the utility tuna. RESOLUTION NO. 79 -80 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WELL MAINTENANCE PROJECT NO. 1979 -4 (WELL #8) AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott;, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution approving plans and specifications for well maintenance project for well #8 and directing advertisement for bids. He noted that since the Council had acted favorably upon the 'resolution establishing this project, it is proposed that direction of advertisement for bids also be approved. In this manner it is projected the required work can be performed before the season of heavy water usage begins. RESOLUTION NO. 79 =81 I Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WELL MAINTENANCE PROJECT NO. 1979 -4 AND DIRECTING ADVERTISEMENT FOR BIDS (UTILITY CONTRACT NO. 1979 -C) 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said 3- 26 - -79 -10- a resolution was declared duly passed and adopted. RECESS The City Council'recessed at 9:15 p.m. and returned at 9:30 p.m. The City Manager introduced a' resolution to accept bid and approve the contract form for diseased shade tree removal. The City Manager recommended a proposal submitted by Weiler Company in the amount of $45,235 should be accepted.: The Council questioned whether or not this company was reputable due to the situation with the company contracted with last year. The Acting Director of Public Works responded there was a 100% performance bond and also there were conditions in the contract for liquidated damages. He explained the company would be given notice on a biweekly basis and following that the company would have ten days to perform the work. The City Attorney commented the contract operates the same as the contract which was drawn up for the previous year. He explained the problems last year were not related to the contract but were related to a contractor who was unable to perform according to the contract. The Director of Parks and Recreation commented that the contractor had been in business in Minneapolis for approximately three years and had been in business in Wisconsin for twelve to fifteen years. He explained the City had received references from the Cities of Bloomington, St. Paul and Minneapolis indicating the company was a reputable company and had done good work for them. RESOLUTION NO. 79 -82 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (DISEASED SHADE TREE REMOVAL CONTRACT NO. 1979 -B) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken theron, the following voted in favor thereof.: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: -none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution to accept bids and approve the contract form for the pedestrian /bicycle bridge portion of Shingle Creek Trailway contract. He recommended that the proposal of Continental Custom Bridge, Inc. in the amount of $20,591 be accepted. In response to questions from the Council, the Acting Director of Public Works responded the delivery date for the materials for this contract was June 1, 1979. The pedestrian /bicycle bridges would be located in Central Park and Freeway Park. The bridges were being-paid for as part of the grant. The City Manager noted the bridges would preferably be built on a contract basis but there was a possibility they might be built with City labor depending on the amount of work to be completed at that time. RESOLUTION NO. 79 -83 Member Gene Lhotka introduced the.following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (PEDESTRIAN /BICYCLE BRIDGE PORTION OF SHINGLE CREEK TRAILWAYS CONTRACT NO. 1979 -A) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in 3 -26 -79 -11- favor thereof: Dean Nyquist, Tony Kuef ler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution to authorize the Mayor and the City Manager to enter into 'a utility inspection agreement and contract for Quit Claim Deed No. 59337 with the Minnesota Department of Transportation for utilities construction at the intersection of Shingle Creek Parkway and FI 94. He stated the agreement comprehends (1) reimbursement to the City for construction inspection services relative to the relocation of utilities at the Shingle Creek Parkway inter- change with FI 94, and (2) payment in the amount of $11,925 for the acquisition of existing City utilities easements in the above area. In regard to the utilities relocation, the State will be covering 100% of the cost of this work. RESOLUTION NO. 79 -84 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT NO. 59337 REGARDING CITY INSPECTION OF UTILITIES AND STATE ACQUISITION OF EASEMENTS WITH RESPECT TO THE RELOCATION OF UTILITIES AT THE INTERSECTION OF SHINGLE GREEK PARKWAY AND FI 94 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following: voted in favor thereof: Dean Nvquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the Mavor and the City Manage to enter into a Cooperative Construction Agreement No. 59356 with the Minnesota Department of Transportation for a roadway and utilities construction at the "intersection of Shingle Creek Parkway and FI 94. The City Manager stated the agreement details the items in which the City will participate in the construction of Shingle Creek Parkway from the existing roadway to City Hall to 65th Avenue North. RESOLUTION NO. 79 -85 Member Bill Fignar introduced the following resolution and moved its adoption: - RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT NO. 59356 REGARDING CONSTRUCTION OF SHINGLE CREEK PARKWAY FROM CITY HALL TO 65TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist,_Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the purchase of one 10' rotary lawn mower. He recommended the bid of Lawn Care & Equipment Company in the amount of $9,400 for furnishing and delivering of one 10' rotary lawn mower be accepted. In response to questions from the Council, the City Manager explained the 10' rotary lawn mower was an additional piece of equipment. RESOLUTION NO. 79 -86 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE 10' ROTARY LAWN :MOWER 3 -26 -79 -12- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.- The City Manager next asked the Council to authorize by motion the Mayor and City Manager to execute . an agreement with the firm of Merila - Hansen, Inc.'to provide engineering services to the City on a project by project basis. Councilmember Kuefler questioned the way the contract was put together because it appeared the contract was fairly open ended. The City Manager responded the purpose of the contract would be to enable the City to pay Mr. Merila on an hour by hour basis for specific projects which Jim has worked on, attended meetings for and developed a considerable amount of expertise in. The City Manager further noted if the City was looking for an engineering firm to do general major type projects, the City would.open that up for bids. Councilmember Kuefler also questioned the standard fee schedule which was attached to the contract. The standard fee schedule listed fees for not only the principal which would be Mr. Merila but also for such people as technicians, secretary and survey crew. Councilmember Kuefler questioned why the City would need to use the secretary or the survey crew, etc. from the Merila - Hansen firm. The City Manager responded it is highly unlikely that we would be using the secretary, for example. . The City Manager noted the work that Mr. Merila had done for the City thus far had been done solely by him and any typing, etc. was done by City personnel. The City Manager did note, however, one of the City's survey people was in the hospital fora back operation and it may be necessary to use some outside survey help. Councilmember Kuefler questioned whether or not it would be possible to designate certain projects within the contract which Mr. Merila would be involved in. The City Manager responded he was quite certain Mr. Merila would be involved in decisions on the Howe situation, on the 53rd Avenue upgrading, on the building of the freeway, and on decisions on the possible upgrading of T.H. 169, however, the City Manager added he was unsure at this time if there would be additional projects which Mr. Merila would have to be involved in, necessitated by expertise which Mr. Merila had developed in a given area. Councilmember Fignar commented he understood and appreciated the comments of both Councilmember Kuefler and the City Manager. He stated he understood that there would be a period of time until the new Director of Public Works can assume full responsiblity in the position due to a lack of background. The City Manager suggested it might be helpful to put an end date into the ~contract. Councilmember Kuefler again suggested he would find it helpful if projects could be specified. The City Manager stated he understood Councilmember Kuefler's concern; however, it was not the intent of the City to hire Mr. Merila for all engineering work which the City might have to be involved in. It would be the intent of the City to consult with Mr. Merila in areas where he has developed considerable expertise and particularly in areas where Mr. Merila has sat in on meetings which have been occurring for months and sometimes years. That expertise is invaluable and in no way can that expertise be gained through one pouring over files. The City Manager cited several different examples of where ,1r. Merila had saved the City considerable money because he was able to pick up on errors, 3 -26 -79 -13- inconsistencies, or promises which had not been kept. The City Manager stressed the importance of a degree of continuity particularly in certain projects. There was a motion by Councilmember Fignar and seconded-by Councilmember Scott to authorize the Mayor and City Manager to execute an agreement with the firm of Merila- Hansen, Inc. to provide engineering services to the City on a project by project basis. The contract will terminate at the end of the year. Voting in favor^ Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ORDINANCES The City Manager introduced an ordinance authorizing the conveyance of real estate and execution of easement documents from the City of Brooklyn Center to the Minnesota Department of Transportation in the area of Freeway Park. He noted the ordinance was first read on February 26, 1979, published on March 8, 1979, and is presented this evening for a second reading. ORDINANCE NO. 79 -4 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AHTHORIZING THE CONVEYANCE OF REAL ESTATE AND EXECUTION OF EASEMENT DOCUMENTS FROM THE CITY OF BROOKLYN CENTER TO THE MINNESOTA DEPARTMENT OF TRANS- PORTATION IN THE AREA OF FREEWAY PARK The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Srnft' and fiha followino - uni-afl nvninef the snme• none T.7hereupon "sail ordinance was declared duly passed and 'adopted. The City Manager introduced an ordinance amending Chapter 23 regarding the operation of certain gambling devices by licensed organizations. The City Manager noted the ordinance was first read on Febraury 26, 1979, published on March 8, 1979 and is presented this evening for a second reading. ORDINANCE NO. 79 -5 Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 REGARDING THE OPERATION OF CERTAIN GAMBLING DEVICES BY LICENSED ORGANIZATIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 23 regarding the operation of bingo by licensed organizations. The City Manager noted the ordinance was first read on February 26, -1979, published on.March 8, 1979, and is presented this evening for a second reading. ORDINANCE NO. 79 -6 Member Celia Scott introduced the ,following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 REGARDING THE OPERATION OF BINGO BY LICENSED ORGANIZATIONS 3 -26 -79 -14- The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. DISCUSSION ITEMS The City Manager introduced the first discussion item, a special meeting -tenta- tively set for April 30, 1979 at 7:30 p.m. in the Council Chambers. The City Manager noted the meeting will be a time for discussion and no formal action will be taken at this meeting. The City Manager suggested some agenda items have been suggested including the planning process on the future of Highway 169, the Twin Lake situation, gambling and bingo license legislation, and an update on LOGIS. The City Manager asked Council members to contact Administrative Assistant Mary Harty prior to April 24 if they wished to add other items to the agenda. Councilmember Fignar indicated he wished to have Brookdale Ten placed on discussion agenda. DISCUSSION OF LETTER FROM METROPOLITAN COUNCIL DISTRICT 12 MEMBER The City Manager explained Mr. Roger Scherer was appointed District 12 member to the Metropolitan Council. Mr. Scherer has indicated by a letter that he would like to attend a Council meeting to discuss concerns of the Council. Council members asked the City Manager to set up an appropriate date for Mr. Scherer to attend a Council meeting. Councilmember Fignar indicated he would have a report for the Council at the next Council meeting on his attendance at the National League of Cities Conference in Washington. He briefly noted several speakers which had attended the conference including Vice President Mondale, Senator Howard Baker, Patricia Harris of HUD, and Arthur Schlesinger. Councilmember Eignar explained he nad attended the workshop on revenue sharing. LICENSES Motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Brookdale Covenant Church 5139 Brooklyn Boulevard St. Alphonsus Church 7025 Halifax Avenue North Willow Lane School 7020 Perry Avenue North HOUSEMOVER'S LICENSE Badger Mover's, Inc. 3550 Grimes Avenue North ITINERANT FOOD ESTABLISHMENT LICENSE Jaycee Women 4513 Woodbine Lane Earle Brown School 5900 Humboldt Avenue North MECHANICAL SYSTEW S LICENSE Berghorst Plumbing & Heating 10732 Hanson Boulevard A. Binder & Son, Inc. 120 East Butler Avenue Commerical Air Conditioning, Inc. 2200 Niagara Lane Hayes Contractors, Inc. 1010 Currie Avenue 3 -26 -79 -15- I ' Minnesota Gas Company 733 Marquette Avenue Northeast Sheel Metal, Inc. 4347 Central Avenue N.E. Thompson Air Conditioning 5115 Hanson Court Trane Home Comfort Center 880 Colorado Avenue South NONPERISHABLE VENDING MACHINE LICENSE Coca -Cola Bottling Company 1189 Eagan Industrial Road Arctic Metals 6530 James Avenue North PERISHABLE VENDING MACHINE LICENSE Cola -Cola Bottling Company 1189 Eagan Industrial Road Arctic Metals 6530 James Avenue North RENTAL DWELLING LICENSE Initial: Gordon & Joanne Sandahl 6836 Drew Avenue North Renewal: Boyer Palmer 6101 Beard Avenue North Richard E. Gunderson 6109,11,13 Beard Avenue No. Earl James Backer 7018 Brooklyn Boulevard Manferd Rasmusson & John Christensen 7040 Brooklyn Boulevard Catherine P. Shefeluk 3012,18 - 51st Avenue No. Robert Tombers Willow Lane Apartments SIGN HANGER'S LICENSE Gold Medal Beverage Company P. 0. Box 3466 Lawrence Sign Company 945 Pierce Butler Route SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE Weight Loss Clinic Old York Road, Room 214A Weight Loss Clinic 6040 Earle Brown Drive Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka and Scott. Voting against: none. The motion passed unanimously. Councilmember Scott suggested that Council members should attempt to walk through Brookdale Ten to get an idea of what has or has not been done in the apartment; complex because the issue would again be before the Council in the very near future. ADJOURNMENT There was a motion by Councilmember Fignar and seconded by Councilmember Scott to adjourn the City Council meeting. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Council adjourned at 10:03 p.m. r Clerk Mayor 3 -26 -79 -16- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION MARCH 30, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Dean Nyquist at 12:35 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar and Celia Scott. Also present were Administrative Assistant Mary Harty and Acting Director of Public Works James Noska. It was noted Councilmembers Lhotka and Kuefler were unable to attend this special` session. PASSAGE OF A RESOLUTION It was noted the special session was called in order to consider passage of a resolution approving plans and specifications for the improvement of Shingle Creek Parkway over FI 94 (S.P. 2786 -68 (94= 393))., It was necessary to submit the resolution to the State in order that the State might forward the resolution and a resolution approving agreements for the same project passed on March 26, 1979 to the federal government for consideration of project funding. Councilmember Fignar questioned whether or not staff had reviewed the plans and specifications for the improvement of Shingle Creek Parkway over FI 94. The Acting Director of Public Works replied staff had had the opportunity to review the plans and specifications. The plans and specifications meets with staff approval. RESOLUTION NO. 79 -87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION PLANS AND SPECIFICATIONS FOR IMPROVEMENT OF SHINGLE CREEK PARKWAY OVER FI 94 STATE PROJECT 2786 -6$ (94 =393) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same : - none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Mary Harty noted she had spoken with both Councilmember Kuefler and Councilmember Lhotka explaining the proposed resolution and the facts - surrounding it. Both Council members had indicated they favored passage-of the resolution approving plans and specifications for the improvement of Shingle Creek .Parkway over FI 94. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Fignar to adjourn the special session. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Scott. _Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:42 p.m. 3 -30 -79 -1- Clerk Mayor 3 -30 -79 -2- EXCERPT FROM THE 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 MARCH 29, 1979 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Hal Pierce at 7:35'p.m: ROLL CALL Chairman Hal. Pierce, Commissioners William Hawes, Molly Malecki, George Lucht and Nancy Manson. Also present were Director of Planning and Inspection Ronald Warren, Superintendent of Engineering James Noska, and Building Official Will Dahn. The Secretary reported that Commissioner Erickson was out of town and 'unable to attend this evening's meeting. A PPROVAL OF MINUTES (March 15, 1979 Motion by Commissioner seconded by Commissioner Lucht to approve the minutes of the March 15, 1979 Planning Commission meeting as submitted. Voting in favor: Chairman Pierce, Commissioners Hawes, Lucht, and Manson. Voting against: none. The Motion passed. Commissioner Malecki abstained as she was not at that meeting. APPLICATION NOS. 79009 and 79010 {Steve Nelson Following the Chairman's - ` ex p lanation Pp th first items of consideration were R li- cation Nos. 79009 and 79010 submitted by Steve Nelson. The Secretary stated that the applicant is requesting preliminary plat approval under Application No. 79009 to combine the Lynbrook parcel, the Spanjers par-Cei artu Line 111endenhai is ou ioLs into two lots to be known as Lots 1 and 2, Block 1 Lynbrook Bowl Addition. He explained that the area under consideration is bounded on the west by Camden Avenue, on the south and east by North Lilac Drive and on the north by 65th Avenue North. He explained that this application was tabled by the Planning Commission on March 15, 1979 to work out some inconsistencies between the preliminary plat and the applicant's site plan to include the City's approximate 148' x 286' parcel on the corner of 65th Avenue and North Lilac Drive; and to provide an additional 5 feet of roadway right -of -way in the vicinity of the existing buildings. He ex- plained that the staff has met with the applicant regarding the inclusion of the City -owned parcel in this plat.` He pointed out that the estimated costs to in- clude this parcel seemed to be extremely high, and it was felt that the applicant should not be required to bear the entire replatting costs at this time. He pointed out that in 'further subsequent meetings with the applicant, it was agreed that the City -owned parcel should be included in the plat, and that the City would be participating in the costs associated with the additional platting request. The Secretary noted that the applicant has submitted the revised preliminary plat including all of the other requested revisions, and that the plat seems to be in order. A brief discussion ensued relative, to the proposed plat with the Superintendent of Engineering and the Secretary responding to various questions by the Commission. The SUperi ntendent of Engineering_ commented that MN /DOT plans to upgrade a portion of North Lilac Drive in the vicinity of Camden Avenue, and that they propose to make these improvements in 1980 or 1981. He added-that it is felt that an up- grading of North Lilac Drive would be needed in the relatively near future with the improvements proposed for the Lynbrook site. 3 -29 -79 -1- He commented on participation in the costs for such an upgrading and noted that MN /DOT would not participate in the costs for any necessary roadway upgrading of North Lilac Drive. The Secretary pointed out that a subdivision bond is often required in instances where property is platted and new roadways would be put in. He pointed out that - in this instance there is a roadway already in existence and that a subdivision bond to guarantee roadway improvements and curb and gutter would not have to be posted if the applicant would be willing to petition the City for the necessary L roadway improvements. I Commissioner Theis arrived at 8:00 p.m, Further discussion ensued relative to the possibility of providing a roadway configuration other than what is currently in existence. The Secretary noted that at the March 15 meeting there had been a suggestion that the City vacate a portion of North Lilac Drive lying between the State Highway right -of -way and the existing buildings and possibly serve this area with a cul -de -sac. He ex- lained that it does not seem feasible at this time to accomplish , p lish this because P of a need for providing access to the Chippewa Park Apartments off Camden Avenue and the location of an already existing curb cut to that complex. He noted that the drive- through area does, at this time, serve a purpose for fire protection reasons and other safety considerations as well He added that it would be possible in the near future to pursue this idea further, but such a concept would involve participation on the part of the adjacent property owner.' He added that he felt the Commission could proceed to review and recommend approval. of the plat in question, and that other roadway and access designs could be reviewed which would not have a major impact on the plans submitted by the applicant. The Secretary proceeded to review Application No. 79010 which is a request fora - variance from the Subdivision Ordinance requirements regardinq roadway aeoication. He pointed out-tha, a 50' roadway dedication - is required all along North Lilac Drive to provide the necessary right -of -way for a marginal access roadway. He noted that because of the location of the existing Lynbrook Bowl and Spanjers building which are currently about 16 feet from the existing North Lilac Drive roadway, 'the 'applicant is requesting a variance so that only a 35' roadway right of -way be provided in this area,- He pointed out that the required 50' dedication would be provided in the area where it is feasible. The Secretary commented that the applicant has indicated that both the Lynbrook and the Spanjers building, when constructed, were in conformance with all City nodes restrictions, and regulations. He explained that subsequent o that time 9 p q the physical surroundings have been changed to conform to State acquisition of land and the installation of major highway and interchange. He pointed out that the applicant feels that to conform with conditions beyond his control would be an extreme hardship and deprive him of the reasonable use of his land. The Secretary next reported that Section 1 °5 -112 of the Subdivision Ordinance allows the City Council to authorize variances from the subdivision regulations when an undue hardship may result from strict compliance. He pointed out that in granting any variance, the Council shall prescribe only :conditions that it deems necessary to, or desirable for, the public interest. He stated that in making these findings, the Council is required to take into account the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. He next reviewed the Standards for Granting a Variance-from the Subdivision Ordinance which include that there be special circumstances or conditions affecting the property, such that the strict application of the provisions in the ordinance would deprive the applicant of a reasonable use of his land; that the variance 3 -29 -79 -2- II is necessary for the preservation and enjoyment of a substantial right of the petitioner; and that the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. APPLICATION NOS. 79011, 79012 and .79013 (Steve Nelson) The Secretary continued by reviewing three other applications ' submitted by Mr. Nelson. He stated that the _applicant, under Application No. 9011, is seeking site and building plan approval to remodel and combine the existing Lynbrook Bowl and Spanjers building into an approximate 690 seat restaurant, cocktail lounge and bowling establishment by adding a common entry area between the two buildings which would include space for an office, storage, a nursery, restrooms and rooms for dining and cocktails. He_,pointed out that this application, as well as Appli- cation Nos. 79012 and 79013, were also tabled by the Planning Commission on March 15 so that the site plan would accurately reflect the property lines indicated on the proposed plat; to add berming along North Lilac Drive and Camden Avenue; and to develop recommended language dealing with a variance request. He ,pointed out that the applicant has submitted the necessary revisions and the site and building plans are in order. The Secretary next reviewed Application No 79012 which consists of a variance to allow construction to enlarge and combine buildings that do not comply with existing setback.. regulations He pointed out that the applicant also seeks a variance from the 35' setback requirements along North Lilac Drive and the 25' side corner yard setback along Camden Avenue North. He reported that presently' the buildings that face North Lilac Drive are approximately 16 feet from the current street right -of -way and would be 11 feet with the additional street dedication being provided with the proposed plat. He noted that the Spanjers building is approximately 20' from the Camden Avenue right -of -way rather than the 25' required by the current Zoning Ordinance. The Secretary further stated" that the proposed building addition that would link the two buildings would be built at the same setback as the existing bui i dings arid wuul d nut agcur evate an existing condition. He noted that with respect to the Spanjers building, along Camden Avenue, the applicant proposes to square off the building with an addition that would continue, but not aggrevate, the existing 20' setback. The Secretary reported that the applicant has submitted a letter indicating that when the buildings were built, Spanjers in 1955 and Lynbrook Bowl in 1956, they did comply with existing ordinance standards. He added that since that time, State Highway land acquisition and the installation of a major highway and interchange have changed the physical surroundings and conditions such that the buildings in question do not meet setback requirements. He reported that the applicant contends that an undue hardship would result if he were required to conform with the existing regulations which would mean that the front portion of the Lynbrook Bowl and the front and side portions of the Spanjers building would have to be removed to comply with the current regulations. He added that the applicant also contends that the situation is unique and distinctive because it was caused by the taking of the property for a public purpose. The Secretary also reported that the applicant claims that the ,variance, if granted, would not be detrimental to the public or injurious to other land, primarily because it would be maintaining existing setbacks and not aggrevating an already existing situation on the property. The Secretary then 'reviewed Application No. 79013. He stated that the applicant is requesting a special use permit for live entertainment in the lounge and entertainment space next to the full service restaurant. He pointed out that the entertainment would involve show groups with dancing available. He next reviewed the Standards for Special Use Permits contained in Section 35 -320_ Subdivision 2 of the City Zoning Ordinance. 3 -29 -79 -3- A discussion ensued relative to Application Nos. 79011, 79012 and 79013. Chair- man Pierce noted that the recommended conditions of approval for site and building plan do not include any wording regarding signery. He suggested that any approval acknowledge that signery is subject to the City's Sign Ordinance and is not a part of site and building plan approval. He noted that an addi ional light in the northeast corner of the parking lot was missing from the plan reviewed on March 15, and that this lighting should also be indicated on the approved plans. Further discussion ensued relative to the plans with it being pointed out that the Lynbrook Bowl operation currently has a game room and that it might be worth- while to provide bicycle parking on the site as was required for other sites having such facilities. Chairman Pierce noted that the public hearings had been held on March 15,'1979 regarding the plat, (79009), the variances (79010 and. 79012) and the special use permit (79013). He inquired if anyone else had anything further to add. No one spoke relating to the applications. The Secretary commented that it is suggested, as a means of minimizing the vari ance request in the area along North Lilac Drive, that any approval of the vari- ance be subject to certain conditions. He 'pointed out that it is recommended that there be no on- street parking permitted on either side of North Lilac Drive in the area where only a 35' right -of -way is being provided. He added that it is recommended that there only be emergency exits permitted on the side of the building that is adjacent to North Lilac Drive and that there be no entrances, sidewalks or other amenities which would encourage pedestrian access to that protion of the building, Chairman Pierce next recognized the applicant, Steve Nelson, who stated that he understood and concurred with the various recommendations made regarding the plans_ He added that although the Lvnbrook Bowl has never nad a Prouiem wicn bicycle -. pa,rkA -ng .assoc-ia.ted wi th the game rooms, -- they ,wo-ul d be wii 1 i ng to add - bicycle racks if it was felt they were necessary. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79009 (Steve Nelson) Following further discussion, there was a motion y Commissioner Ma ecki seconded by Commissioner Theis to recommend approval of Application No. 79009 submitted by Steve Nelson subject to the following conditions: 1. Final plat is subject to review by the City Engineer. 2. Final plat is subject to the requirements; of Chapter 15 of the City Ordinances•. 3. Final plat shall include an approximate 148' x 286' parcel owned by the City of Brooklyn Center located on the southwest corner of 65th Avenue North and North Lilac Drive. The motion passed unanimously. A CTION RECOMMENDING APPROVAL OF APPLICATION NO. 79010 (Steve Nelson Motion by Commissioner Lucht seconded by Commissioner Manson to recommend approval of Application No. 79010 submitted by Steve Nelson noting that the Planning Com- mission has taken into account the nature of the proposed use of land, the exist- ing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity and finds that: 3 -29 -79 -4- 1. There are special circumstances or conditions affecting the property such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. That the variance is necessary for the preservation and enjoy- ment of a substantial right of the petitioner. 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. The motion passed unanimously. A CTION RECOMMENDING APPROVAL OF APPLICATION NO. 79012 (Steve Nelson) Motion by Commissioner Manson seconded by Commissioner Malecki to recommend the approval of Appl ication No. 79012 submitted by Steve Nelson noting the following: 1. The variance request is consistent with the Standards for Variances contained in the Zoning Ordinance, particularly with respect to uniqueness, hardship and the fact that it would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 2. The proposal for which the variance is sought is consistent with the City's Comprehensive Plan recommendation for the Northeast e' N � hborhood. 9 3. The proposal for which the variance is sought is consistent with uses acknowledged in the C2 Zoning District,' A fol Pr ln+i r f th e s su con 4+4n—r. T. NI .AIIV II�y o Vf irlfY l.:t �rx n r- i .... IJ J� bjec + + ,. ,e X11 IV 1 ,..f vVl,.�ly. a. There shall be no on- street parking permitted at Gl any time on either side of North Lilac Drive in the area where only a 35' right -of -way is being provided. b. Only emergency exits will be permitted along the side of the building that is adjacent to North Lilac Drive. No entrances, sidewalks or other amenities which encourage pedestrian access to the building in this area will be permitted. The motion passed unanimously. A CTION APPROVING APPLICATION NO. 79011 (Steve Nelson) Motion by Commission Hawes seconded by Commissioner Lucht to recommend approval of Application No. 79011 submitted by Steve Nelson subject to the following conditions 1. Building _plans are subject to review and approval by the Building Official with respect to applicabl codes prior to issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3 -29 -79 -5- 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire exting- uishing system to meet NFPA Standard No. 13 and'shall be connected to an approved central monitoring system in accordance with Chapter 5 of the City Ordinances. I� 5. All rooftop mechanical equipment shall be appropriately screened from 'view. 6. All landscaped areas shall be treated with sod and shall be equipped with an underground irrigation system to facilitate site maintenance. J� �• 7. Plan approval acknowledges a lower level in the building entrance / and connecting link which is to be used for storage purposes' L4�(, only. Any other proposed use will be subject to further review by the City, 8. a filed The final tat for the property in question shall be prior p p p Y q p ` to the issuance of'occu occupancy permits for the remodeled restaurant p Y P rea; The applicant shall4etition the City for roadway upgrading for North Lilac Drive_ar submit the necessary bond for street and curb improvementsA prior to the issuance of permits. a b ju-- c` j 1U. Plan approval is exclusive of all signery which is subject to "-Chapter 34 of the City Ordinances. 11. The applicant shall provide an appropriate bicycle parking area on the p lan. 12. Additional parking lot lighting, of the same type provided in the plan., shall be provided on the northeast corner of the parking lot. 13 7�72;= The motio has( O moos ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79013 Motion by Commissioner Theis seconded by Commissioner Hawes to recommend approval of Application No. 79013 submitted by Steve Nelson noting that the special use is consistent with the Standards for Special Use Permits and is subject to the following conditi 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances`, and regulations involving live entertainment and violation thereof shall be grounds for revocation. 3. The 'hours of operation for live entertainment shall coincide with on -sale liquor license regulations. The motion passed unanimously. 3 -29 -79 -6_ APPLICATION NO. 7901.4 (Robert L. Johnson) L The next item of usiness was consideration of Application No. 79014 submitted by Mr. Robert L. Johnson. The Secretary stated that the applicant is seeking re- zoning from R3 (Townhouse /Garden Apartments to Cl (Service /Office) and C2 (Com- mercial) of an approximate 8 acre tract located in the 7200 Block, west of Brooklyn Boulevard. He explained that the property is bounded on the north by the Brooklyn Center /Brooklyn Park municipal boundary, on the east by Brooklyn Boulevard, on the west by Shingle Creek and on the south by the Creek Villa townhouse neighborhood. The Secretary reported that the same applicant, under_ Planning Commission Application No. 78032, had requested a rezoning for most of this same area to C2 during the summer of 1978. He explained that that appli- cation had been denied by the City Council because of the undesirable precedent of rezoning the entire area to C2. The Secretary further reported that the City Council, after denying the rezoning request, had directed the Planning Commission to study the feasibility of considering a split zoning, Cl for the southerly portion of the site and C2 for the northerly portion of the site, in light of the following consideration: C1 zoning to the south could be compatible with existing adjacent zoning in Brooklyn Center; .C2 zoning on the northerly portion could be compatible to adjacent land uses in Brooklyn Park ;.the. - split zoning might provide a.buffer between the R3 property (Creek Villa and The Ponds) and the com- mercial properties in Brooklyn Park. He added that the Council also requested the Commission to look at the feasibility of rezoning to Cl, a potentially landlocked parcel to the west, lying easterly of Shingle Creek. The Secretary next reported that the staff had made a report to the Planning Commission on December 8, 1978 regarding the feasibility of such a rezoning. He stated that the City Council, on December 18, 1978, after reviewing the matter, had directed that a rezoning proposal comprehending a Cl and C2 rezoning be accepted for review. He reported that this application is in response to that direction. The Secretary then reported that the dpNi icdnL hds 111diLaixu i.iie dts e, If the rezoning requests are approved, to eventually develop a restaurant on the CZ property to the north and "Service /Office uses on the remainder of the parcels to be rezoned to Cl. He noted that the Northwest Neighborhood Advisory Group, when reviewing the C2 rezoning request unaer Application No. 78032 on July 5, 1978, had recommended a split C1 /C2 zoning for the parcel. He stated that in light of this recent recommendation, it was not felt that this matter would have to again be referred to that Neighborhood Group for their review and comment. He indicated that the Neighborhood hadbeen notified of the current proposal, and has been encouraged to participate in the scheduled public hearing this evening and to comment as to whether they feel there is a need for further review by their Neighborhood Group. A brief discussion ensued relative to the rezoning request with the Secretary pointing out that the rezoning, under Application No. 78032,.which was considered during the summer and fall of 1978, was considered to be inconsistent with the City's Comprehensive Plan because the proposal comprehended a C2 use for all of the property in question. He noted that it was felt that to rezone this area all to C2 was not an acceptable concept. He briefly reviewed the staff ,report which had been presented to.the Planning Commission and City Council in December of 1978 regarding a split zoning. Commissioners Hawes stated that he favored the rezoning request and had supported a split C1 /C2 zoning when Application No. 78032 was considered. 3 -29 -79 ..-7- e Chairman Pierce then recognized Mr. Robert Johnson, the applicant, who commented regarding the westerly parcel that has been added to the rezoning request. He pointed out that he is seeking Cl zoning for this parcel and that it is his intent to donate the property to CEAP who intends to build on.that'site. He introduced Mr. Ed Theisen, Chairman of the CEAP Board of Directors, who commented relative to CEAP's plans to utilize this area for the eventual construction of their headquarters. Chairman Pierce then opened the meeting for purposes of a public hearing and recognized Mr. Louis Terzich, a member of the Northwest Neighborhood Advisory Group.' Mr. Terzich spoke in favor of the rezoning request and noted that the current rezoning proposal was consistent with the recommendation made by that group in July of 1'978. CLOSE PUBLIC HEARING Chairman Pierce inquired if anyone else wished to be recognized for the purposes. of a public hearing. No one spoke relating to the application. Motion by Com- missioner Manson seconded by Commissioner Lucht to close the public hearing on Planning Commission Application No. 79014. The motion passed unanimously. APPLICATION NO. 79015 (Robert L. Johnson The Secretary reported that Mr. Johnson is seeking preliminary plat approval, should the rezoning request comprehended under Application No. 79014 be recom- mended. He explained that the request involves the combining of part of Outlot F, The Ponds Addition and part of Lot 19, Auditors Subdivision No. 57 into Lots 1, 2 and 3, Block 1, R. L. Johnson's 1st Addition. He pointed out that three lots would be created, all having access onto Brooklyn Boulevard. He noted that a drainage, utility and access easement of 50 feet either side of the center line of Shingle Creek would be provided: He noted that this easement would be comparable to the one obtained along Shinale Creek on the east side of Brockl; Roalevurd wl,-n that property wa platted l f a ll The Secretary reported that the parcel to the extreme west of Brooklyn Boulevard wound have an arm extending to Brooklyn Boulevard to provide access onto 'a public street as required by City Ordinances. He stated that it is anticipated that this area, with the proper legal agreements and restrictions, could be used as a common access to serve all three lots in the plat. He noted that the access would be a private, rather than a public access, and the plat indicates an area 30' in width. He pointed out that it might be more desirable if this area were 50 feet rather than 30 feet with portions of this area to be used for green - strips and also for the storage of snow during the winter time. The Superintend- ent of Engineering commented that the area could provide access to all parcels' in the plat and there would be the need to establish necessary agreements for each of the parcels to utilize this area. He commented further on the desir- ability to provide 50 feet in the area, rather than the 30 feet' indicated on the plat. A brief discussion ensued relative to the applicant's intention to utilize a" parcel in Brooklyn Park to serve the C2 parcel in Brooklyn Center. The Secretary pointed out that the applicant has indicated this desire, but added that it would be necessary to dedicate the parcel in Brooklyn Park for use by the C2 parcel in Brooklyn Center through a deed restriction or some other legal encumbrance, prior to permitting such an arrangement. He indicated - that this would be a matter that wound have to be carefully reviewed at the time any site and building plans were considered for development of the C2 parcel. PUBLIC HEARING Chairman Pierce opened the meeting for purposes of a public hearing on Planning Commission Application No. 79015. No one spoke relating to the application. 3 -29 -79 -8- CLOSE PUBLIC HEARING Motion By Commissioner Malecki seconded by Commissioner Theis to close the public I hearing on Application No. 79015. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79014 (Robert L. Johnson) Fo owing further discussion, there was a motion by Commissioner Hawes seconded by Commissioner Malecki to recommend approval of Application No 79014 submitted by Robert L. Johnson comprehending C2 zoning to the north and Cl zoning to the south and west, noting the following considerations: 1. The property in question is unique because of its location between Shingle Creek and the commercially zoned property to the north in Brooklyn Park. 2. Approval of the rezoning acknowledges the C2 zoning on the north as'being an extension of, and compatible with, the existing commercial zoning in Brooklyn Park. 3. Approval of the rezoning is not to imply that there is a need for additional C2 rezonings along Brooklyn Boulevard. 4. The C2 rezoning to the north can be adequately buffered from the less dense residential uses to the south and west by the concurrent Cl rezoning of the remainder of the property which is consistent with the City's Comprehensive Plan. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79015 (Robert L. Johnson) Following a brief discussion, there was a motion by Commissioner Malecki seconded by Commissioner Theis to recommend approval of Application No. 79015 submitted. by Robert L. Jolmsott subject to (Ate to r towing 1. Final plat is subject to review and approval by the City Engineer. 2. Final - plat is subject to the requirements of Chapter 15 of the -City Ordinances. 3. The preliminary plat will be revised to indicate the necessary access easements along Shingle Creek. RECESS The Brooklyn Center Planning Commission recessed at 9 :40 p.m. and resumed at 10:15 p.m. 3 -29 -79 -9- Member introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION ACCEPTING BIDS FOR FURNISHING AND INSTALLING A TELEPHONE COMMUNICATIONS SYSTEM FOR CITY HALL WHEREAS, the Director of Finance and the City Clerk have reported that on February 1, 1979 at 11 :00 a.m. C . S . T . they opened and tabulated bids received for a telephone communications system for City Hall; and WHEREAS, that said bids were as follows: 1. Cabling Specialists Inc. $47,155.00 2. Data -Tel Inc. 52, 33`0.00 3. Electronic Design Company 54,633.00 4. Hauenstein & Burmeister, Inc 44,308.00 5. Nors•tan Communications System 67,539.00 6. Northwestern Bell Telephone Company 36,537.16 7. Telesystems of Minnesota, Inc 44,957.00 WHEREAS, 'the bid of Northwestern Bell Telephone Company contemplates the leasing and prepaid leasing of equipment and not -the purchase of equipment V as called for in the specifications; and WHEREAS, *the bid of Hauenstein & Burmeister, Inc. results in a savings - to the City of Brooklyn Center of approximately $1,140 per month or nearly $13,677 the first year of operation and $1 i , 800 per year after 'the first year of operation as compared - to - the present - telephone system: NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center that - the bid of Hauenstein & Burmeister, Inc. in - the amount of $44,308 for furnishing " and installing a - telephone communications system in City ,Hall is deemed to be - the best bid and be hereby accepted. 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 - ".'° e following voted against the same: whet upon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING. THE PURCHASE OF 100 STACKING CHAIRS WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, material or equipment, or any kind of construction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHEREAS, the City Manager has obtained quotations on the purchase of 100 stacking chairs and has determined that the quotation of General Office Products Company in the amount of $2,615 ($26.15 each) is the best quotation submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 'Brooklyn Center that the City Manager be authorized to contract for the purchase of 100 stacking chairs in the amount of $2,615 from General Office Products Company. Date Mayor ATTEST: Clcr'.. 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 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 AMENDING EXPENSE REIMBURSEMENT POLICIES WHEREAS, the City Council adopted and amended travel and reimbursement policies on February 11, 1962, June 28, 1965, August 11, 1969, and 20, 1975; and WHEREAS, it is necessary that there be a uniform policy of reimbursement for travel, meal, and mileage expenses.incurred by City employees and officials while performing as representatives of the City of Brooklyn Center; and WHEREAS, it is deemed necessary that existing reimbursement policies be adjusted to reflect the current costs of purchasing meals and rovidin P g personal automobiles for business use: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend existing reimbursement policies as follows: 1. Reimbursements of travel expenses are intended to refund actual ual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. 2. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. � � f a , �• RP-ques for �i.dvCl. diiti'aliLCS i.iltciuUCi LU defra LUSCS 1I1C'UrreCl while on a trip and prior to submission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip. 4. Travel advances shall be limited to 90% of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. 5. A properly verified, itemized expense ,claim shall be submitted to the City Manager for approval within ten days following the date of 'return from an authorized trip. Expense claims shall be accompanied by receipts for: a. Transportation costs to and from the destination via coach, tourist, or economy class transportation. b. Lodging costs not to exceed a reasonable single occupancy rate as determined by the City Manager. C. Conference or meeting registration fees. d. Any unusual items for which advance approval has been obtained from the City Manager. RESOLUTION N0. 6. The mode of transportation must be approved by the City Manager prior to any authorized trip Personal automobile use for authorized trips will be reimbursed at a rate of 18C per mile, or an amount equal to air travel .tourist class, whichever is the lesser. 7. Reimbursement; for meals while on authorized travel will be for actual expenditures with a maximum of $19 per day allowable, including tips. There shall be no per them for meals or any other expenses. The maximum meal reimbursement for any fraction of a full day shall be as follows: a. Breakfast $4.00 b. Lunch - $6.00 C. Dinner $9.00 The full cost shall be reimbursed for meals which are a scheduled activity of a conference or meeting and the cost of such meals is not included in the registration fee 8. Employees and officials of the City shall be reimbursed for luncheon and dinner costs as authorized by the City Manager e with the following in accordant g P rovisions: a, The actual cost of the meal not to exceed $5.00 will be allowed for ..cal.^ acccciatc with attendance at training sessions when meals are an integral part of the program or when there are training, sessions before and after the meal, or, for attendance at regular luncheon meetings of professional or related associations. b. The entire cost of related meals shall be reimbursed to officials designated to re those employees or resent the g P City at meetings or other City business functions that the Council or City Manager deems necessary. 9., Effective April 16, 1979 employees or officials of the City who, in the conduct of official City business are _authorized or required to use their personal automobiles for transportation shall be reimbursed at the rate of 18r, per mile for mileage incurred in the conduct of such business. The reimbursement rate for personal use of auto for those employees specifically designated to use their personal auto for City business on a regular basis, namely the City inspectors ectors and the City appraisers,' will be 20� per `mile. i In all instances, an itemized mileage expense claim :must be submitted to the City Manager for approval. Date Mayor ATTEST: Clerk RESOLUTION N0. 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, C City Manager FROM: Mary Harty, Administrative Assistant % DATE: April 5, 1979 SUBJECT: Proposed Resolution Amending Expense Reimbursement Policies The City Council amended the resolution addressing reimbursement policies in 1962, 1965, 1969 and 1975, because the reimbursement policies required adjustment to re flect the costs of purchasing meals and providing personal autos for business use. As the cost of living has increased, so too has the cost of purchasing meals and providing personal autos for business use. For this reason, it is recommended the reimbursement rates be adjusted upward by the following amounts: j PROPOSED REIMBURSEMENT RATE 1975 19 79 for personal use of auto $ .15 $ .18 for personal use of auto for .15 .20 appraisers and inspectors *for meals while on authorized Breakfast - 3.00 4.00 travel Lunch - 5.00 6.00 Dinner - 7.00 9.00 *for attendance at regular 3.50 5.00 luncheon meetings of profes- sional or related associations or at training when meal is integral part of training *actual expenditures .reimbursed not to exceed 'listed amounts. In reviewing the reimbursement policies of other municipalities, it was found many municipalities have increased the reimbursement rates for personal use of auto. (see attached survey) Generally, the municipalities which still reimburse at 15( a mile pay a significant number of their department heads 'a flat fee per month, re- gardless of mileage traveled, rather than reimburse those employees at 15( a mile. Under these circumstances, the City pays less mileage at 150, a mile but pays consid- erably more in flat rate payments. It is recommended the reimbursement rate be 20G per mile for.those employees required to use their personal autos for City business on a regular basis, namely the Apprai- sers and Inspectors. Because of the nature of their jobs, the driving that Inspectors and Appraisers do for the City includes an excessively high amount of stop and start driving. Excessive stop and start driving is more costly. In 8 of the 11 metro municipalities surveyed, Inspectors and Appraisers are authorized to use city cars. Of the remaining 3 communities, one reimburses Appraisers at 18(� a mile, one reim- burses Inspectors at 25G a mile and one pays Inspectors and Appraisers a flat fee per year for use of personal auto. Gerald G. Splinter -2- April; 5, 1979 There are highly discrepant figures as to the actual cost of operating an auto. Attached, are 1978 figures from the FHA and the AAA. Other studies have shown it costs over 30(,' a mile to operate a car. It is recommended the reimbursement rates for meals'be increased because of the dramatic increase in the cost of meals purchased in a restaurant. In the 10 metro municipalities surveyed, employees are reimbursed the actual cost of the meal. It is recommended maximums be retained in the Brooklyn Center policy but an upward adjustment be made to more accurately reflect costs: SURVEY'OF COMMUNITIES Reimbursement Rate for C ity Other City Employees Blaine 15 Columbia Heights 15 Crystal- 15 New Brighton 15�-. New Hope 15(� Plymouth 15 q% Anoka 16(,% Roseville 16 Brooklyn Park 17 Edina 174� Fridley 180 Richfield 18 Coon Rapids 19� p Member ' introduced the following resolution and moved its adoption.: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. DONALD BOGLE WHEREAS, Mr. Donald Bogle served, as a member of the Park and Recreation Commission from January, 1974 through March, 1979; and WHEREAS, his devotion to-the tasks and responsibilities of this Commission contributed substanitally to the sound progress and develop- ment of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the.City Council of the City of Brooklyn Center that The dedicated public service of Mr. Donald Bogle as a member of the Park and Recreation Commission and citizen, is recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST, Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. NOTE:> The City Prosecutor prepared the proposed resolution with explicit wording due to the need to include the facts of the situations as well as the conclusions drawn. Similar procedures have been used for the abatement of hazardous buildings. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE ABATEMENT OF UNSANITARY, UNSAFE AND HAZARDOUS CONDITIONS EXISTING AT 6213 BEARD AVENUE NORTH IN THE CITY OF BROOKLYN CENTER SUCH THAT THIS DWELLING IS NOW UNFIT FOR HUMAN HABITATION t -11-01 13 WHEREAS, Lawrence M. Ludvigsen is the owner of that real property located at 6213 Beard Avenue North in the City of Brooklyn Center which is legally described as Lot 5, Block 1, Garden City, 5th Addition, Hennepin County, Minnesota; and WHEREAS, Andrew J. Alberti, Building Inspector for the City of Brooklyn - Center inspected these premises on the 15th day of March 1979 accompanied by City Health Sanitarian, Thomas Heenan and Brooklyn Center Officer Dennis Flaherty, said inspection disclosing that the single family dwelling at 6213 Beard Avenue North is owned and occupied by Lawrence M. Ludvigsen and his wife, Joyce Ludvigsen, their daughter, Mrs. Linda Marie Andersen, and Andersen's three children, Gloria age 5, Troy age 4, and Katie age 8 months and said inspection also disclosed that the kitchen and basement floors of the residence were covered with dog feces from the four dogs kept in the said residence; that dirty dishes were stacked in and about the kitchen with food caked thereon; that a plastic pail near the sink containing brackish and fetid water had baby bottle nipples soaking in it; that cobwebs formed a netting encompassing the entire ceiling in the living room; that trash and refuse was piled in and about the residence so as to make walking difficult; that several large bags containing diapers filled with excrement were located in the home emitting a F Gu .a or A. Stcnc i ; and a -vu.a. vuvi and WHEREAS, Building Inspector, Andrew J. Alberti and Health Sanitarian, Thomas Heenan concluded that these premises were unfit for human habitation and did cause the children residing therein to be taken into custody by the Hennepin County Welfare Department Child Protection Division; and WHEREAS, Lawrence M. Ludvigsen and his wife, Joyce Ludvigsen, were served with a compliance order requiring that the premises be cleaned completely no , later than 29th day of March 1979; and f WHEREAS, Andrew J. Alberti and Thomas Heenan reinspected the dwelling on the 29th day of March 1979 at which time they were denied entrance to the home but, from looking through the windows, they could determine that the premises had not been cleaned as so ordered; and WHEREAS, any appeal rights from the compliance order of the City of Brooklyn Center have - expired: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, its employees and agents forthwith correct the conditions of deficiency and the health hazards existing at 6213 Beard Avenue North so as to fulfill the compliance order issued by the City of Brooklyn Center and to place a lien against the real estate described above which cost may be levied and collected as a special assessment in the manner provided by Minnesota Statutes Chapter 429 but payable in a single installment, said compliance being effected by the authority of Section 12 -1206 of the Ordinances of the City of Brooklyn Center. MEMO TO: RONALD WARREN, DIRECTOR OF PLANNING AND INSPECTION FROM: WILLIAM G. CLELLAND, ASSISTANT CITY ATTORNEY RE: 6213 BEARD AVENUE NORTH- LUDVIGSEN This memorandum is to advise the City of its rights to remedy the g Y health hazard existing at 6213 Beard Avenue North since the owners thereof have failed to comply with compliance orders. Pursuant to Minnesota Statutes 5145.22, upon determining that a health hazard exists, the City Health Officials may order the parties owning or controlling the real estate to remove the health hazard within a period not to exceed ten days or the City is then empowered to remove the health hazard and to assess the cost against the land. Although this remedy is extremely fast, there is one serious draw back because that statute limits the amount of money recoverable to $100. Accordingly, in this case, the City would be able to have a quick remedy to clean up 6213 Beard Avenue North but we could not recover any more than $100 in costs and the cost of cleaning these premises would undoubtedly exceed that sum. Pursuant to City Ordinances, when a compliance order is not fulfilled, the City does have the power by resolution to take action to remedy the deficiencies set forth in the compliance order and to levy all costs against the land. While this remedy takes a little ; longer, it is more satisfactory in that all the costs may be recovered. When a compliance order is directed toward an individual, pursuant to Section 12 -1202, he may appeal that compliance order to the City Council if said appeal is filed within five business days after service of the compliance order and payment of a filing fee of $15. In this case, a compliance order was served on Ludvigsen on 21 March 1979 and more than five days has elapsed without said appeal and accordingly the appeal rights have been waived. Pursuant to Section 12- 1206,`'upon failure to comply with a compliance order and after no appeal having been taken, the City Council may resolve to correct the deficiencies and charge the costs against the land. In anticipation of the City's wishes, I have drafted a resolution for Council approval at the meeting of 9 April 1979. Please get in touch with me regarding the City's wishes for proceeding in this fashion. Respectfully submitted, &*1ajnq . C qe an WGC /tjh s Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY WILLIAM J. DALE UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows I. There has been presented to this Council a proposal by William J. Dale, an individual residing in the City of Minneapolis, Minnesota (the "Owner "), that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act (Minnesota Statutes, Chapter 474), to provide financing for the construction in the City, 'adjacent to an existing facility used in the business of Dale Tile Company (the ' "Company "),, of a building to be used as an office, showroom and ware- house facility, and the acquisition and installation of equipment therefor, together with any site improvements required in relation thereto (hereinafter called the "Project "). Under the proposal, the Project will be owned by the Owner and leased to the Company. The Owner will enter into a loan agreement with the City upon such terms and conditions as are necessary to produce income and revenues suffi - cient to pay, when due, the principal of and interest on up to approxi- mately $1,400,000 Industrial Development Revenue Bonds of the City to be issued pursuant- to said Chanter 474, Minnesota Statutes, to provide monies for the Project, and thi_ City will pledge i} ^' ^rcc *_ in the loan agreement to secure the bonds. 2. -It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry, agriculture and commerce so as to prevent, _so far as possible, the _emergence of blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human 'resources needed as a base for providing governmental services and facilities; and the more intensive development of land available in the area to provide a more adequate tax base to finance the cost of governmental services in the City, County and School District where the Project is located. 3. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and subject to final approval by this Council and by the purchasers of any bonds, to be issued as to the ultimate details of the Project. RESOLUTION NO. 4. In accordance with Section 474.01, Subd. "7a, Minnesota Statutes, the Mayor, the City Manager, the City Clerk and such other officers and members of the City as may from time to time be designated are hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and request his approval thereof, and the Mayor, the City Manager, the City Clerk and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require. The Owner, the Company, Messrs. Faegre & Benson as bond counsel, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement and such ;other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. '5. The Owner and the Company have agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner and whether or not the Project is carried to completion and to indemnify the City, its officers and employees from all liability which the City and any officers and employees may incur in connection with the Project or the issuance and sale of the bonds. $. The Owner and the Company are hereby authorized to enter into such contracts in their own names and not as agents for the City, as may be necessary for the acquisition and construction of the Project by any means available to them and in the manner they determine without advertisement for bids as maybe required for the acquisition or construction of other municipal facilities, but the City shall not be liable on any such contracts. 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. FAEGRE & BENSON 1300 NORTHWESTERN BANK BUtLDING .MINNEAPOLIS, MINNESOTA 55402 *larch 30, 19`1,; Mx. Doan i yqu Mayor 6301 Shingle Creek Parhway Brooklyn Conter, !T-1 35430 Rea $1,400,000 in approximate principal aunt of City of nw00%lyn Center Influstrial Development Revenue r nds (Williarz J. Bale Vroj -Dal.e Tiie Company, Lessee) , Series 197 Bear Mayor Nyquist At the requ --st of Richard ?gal = niter, I enclose. for your revieiwt and the consideration of the city council at its April 9 meeting, copies of the following documents. 1. PrelLminary resolution of city council, (4) . 2. Application to Coitmissioner of Securities (4 ). 3. Public purpose letter from City to Commissioner (4) . 4. Proliminary- opinion of raegre & Benson, bond counsel (1). S. Feasibility letter of Rothschild Financial Corporation (1) Upon adoption of ' the preliminary resolution by the city council, three certified copies of the resolution, three signed copies of the Application to the commissioner and three signed copies of the City`s public purpose letter should: be forwarded to the Mr. Dean NYquist March 30, 1979 Page Two Commissioner for anProval of the Project. If these documents are returned to me, I will submit them, aloud with the required exhibits, to the Coz.=i sioner. The remaining copies are for the City's files. I understand that the City has exnr eszod concerned ovor . a) obligations it may incur as a result of issuing industrial development revenue Londs, and b) the effect of such an issue on the City's legal debt limito. it is a standard feature of industrial development revenue ends and of our a proving legal opinion as bond counsel t lat the bonds are ; n ©t general obligations or indebtedness of the issuer. By their terns, such bonds are payable solely from rsvezues eorivcO f ron the con any or other borrower on whose behalf they were issued.. ;- oroover, our bona C CTCJ*! ??l t;; C'' 3 t0..;:"!?' ? y 'az'c?'ViC'=v' inch 1. t _, LC? lMt� "...i¢y f GI". the _.:... u Company for aYay liabilities incurred by the ^ity in conne with the bordn. Your question concerning the City's bonding capacity is answered by 1'innea to :3tatute s Sc-ction 474.10j, subd. 4, which prov3,.C':es t 1ha" " No st ied :pond Shall const a debt of the municipality within the meaning of any consti- tutional or statutory limitation." " I trust that this has alleviated your concerns. Iz I may he of any further assistance, .however, please let ra know. Yours truly. d?.k /. ia - Richard A. I':eldo RATI a.m . Enc. ca 'ir. Richard Pal.miter Mr. Gerald G. Splinter This Application must be submitted to Commissioner in duplicate STATE OF MINNESOTA DEPARTMENT OF COMMERCE - SECURITIES DIVISION APPLICATION For Approval 'of Municipal Industrial Revenue Bon Project Date April 2. 1979 To: Minnesota Department of Commerce Securities Division 540 Metro Square Building St. Paul, Minnesota 55101 The governing body of Brooklyn Center , County of Henne Minnesota, hereby applies tot the Commissioner of the State of Minnesota, Securities Division of the Department of Commerce, for his approval of this community's proposed municipal Industrial Revenue Bond Issuer as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: FIR11 D a l e Til ___. a.i.c iitC �,vui�uuy ADDRESS 4813 France Avenue North CITY Brooklyn Center STATE Minnesota State of Incorporation Minnesota Attorney Best & Flanagan Address Suite 4040 IDS (;enter Name of Project William J Dale Proigct- -Dale Tile Cenpany,,._j, This firm is engaged primarily in (nature of business): retail and wholesale the distribution and--contracting The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of project) : finance the construction c)f al office, showroom and warehouse facility, to be leased by W i l lia m J. Dale to the Co mpany It will be located in Brooklyn Center The total bond issue will be approximately $ 1,400,000 to be applied toward payment of costs now estimated as follows: -1- Cost Item Amount sand-- Atct�- a -rtion --and Site Development $ 80, 000 Construction Contracts 900,000 Equipment Acquisition and Installation 300,000 Architectural and Engineering Fees 50,Q00 Legal Fees 10.000 Interest during Construction 25 , 000 Initial Bond Reserve -0- Contingencies 5 Bond Discount 0 Other 30 000 It is presently estimated that construction will begin on or about May , 1979, and will be completed on or about May I 19a.0 When completed, there will be approximately 6 new fobs created by the project at an annual. payroll of approximately . 4.00 based upon currently prevailing wages. The tentative term of the financing is 27 years, commencing May 19 80 The following exhibits are furnished with this application and are incorporated herein by reference: 1. An opinion of bond counsel that the proposal constitutes a project. under Minnesota Stat., Chapter 474.02. > pr eliminary ar ` ., �.� +.�,4 � ivin r app . ' +- � � �.l r. esolution q 4 p Y c.. c� � ot�n. � . A . p� - -- for the issuance of its revenue bonds. 3. A comprehensive statement by the municipality indicating how the pro - ject satisfies the public purpose of Minnesota Scat., Chapter 474.01. 4. A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project from a financial standpoint. We, the undersigned, are duly elected representatives of Brooklyn Center, approval of this project ect at your earliest con. Minnesota, and solicit your pp P J i to a final conclusion. vena.ence so that we may carry t Signed by (Principal Officers) This approval shall not be deemed to be an approval by the Commissioner or the state of the feasibility of the project or the terms of.the lease to be executed or the bonds to be issued therefor. Date of Approval Co er o Securities Minnesota Department of Commerce -2- ROBERT J.CHRISTIANSON FRANK B, BUTLER F A E G R E 8, BEN J. B. FAEORC I.w eT.w EOI O.fORISE O. McCLINTOCn 60 PDO N B.GON N:J R, ERETT A DR E BRUCE A. A C E MAN JOHN C BE SON. ALO L OBE. TSO MICH E H PE RJR, PAUL C P 9 G ER90N c « I,I.P S T. s L ER 1300 NORTHWESTERN BANK BUILDING. HAYNER Ps - N ER L NO DBYE JOBS M PR CE JO.N B EG E,JR. GEN O AE N W.5 'S ARPE�JR. N N 5. LTEN HI L+P 5. GAFON SE O, ALAN CUNNYN OHAM JOHN F..BEUK EMA R. w,oeLKE WA LT E R J. OUFFY, MINNEAPOLIS MI N NESO TA 55402 CR W+N H CH GOLDSTEIN JAMES R. STEPHENSON JAME A I5 F,REID CARRON GERALD T~FLO M A.DAVID KEL LV CHARLES L. HORN, JR, JOHN K, SYEPFEN JACK O. GAGE CHARLES E,DOHLEN,JR. 61P/371�5300 PETERw gNSON TOHN B.GOMDON JAMES FIT2MAURICE HOMAS M A ERIE , GoP.oN G. BUS DICKER THOMAS G. MORGAN J OHN D. FR EN C. JOHN D. S.IVELY - RONALD B.. E.SIA. EDWARD G. HEILMAN N O RMAN R. CARPENTER JOHN H INDERAKER LAWRENCE C.BRD WN ROBERT L. SC E LL,JR. MARTIN N. BURKE RICHARD A NELSON JOHN E. HARRIS BRIAN B.VNEILL ^/ , • 1J7J Q Q - PAULT,BIRKEIaND WILLIAM F, BUSC H�JR. _ DAVID M. BEA DIE BONNIE April M. 4 FLEMINp RICHARD C. 5CHMOKER HENRY F. FRISCH T HOMA S M• C ROSBY, JR. LORENF,HART JAMES T, MALE RANDY L. MILLER L U DWIG 'B.G ART NER,JR, WINTHROP A, ROCKWELL JAMES B.LoK EN PATRICK B. BAUER ARTHUR L.DOTEN JACK M, FR .LEY - DUANE W, KROHNKE JOHN S.JAGIELA GEORGE W. FLYNN JOHN P. BORG ER ' JAMES A. DUE.0L HEIT, M. HOARD- HUBERT V. FOPCIER DAVID P. PEARSON JAMES M, SAMPLES JAMES G. RAY DALE E. BEIHOFFER STEVEN R. ANDERSON PETER R. KIT CHAK JAY D. GHRISTIANSEN DALE R. MELLUM. CNAR LE9 5. FERRELL - BRUCE F. BURTON OAVIb ..MILLER GREOOR Y R, H OWA RO JERRY w- S.IDEA HENDRIK DE JON6 SSTEPNEN ROSHOLT Minnesota Commissioner of Securities Minnesota Department of Commerce Securities Division 500 Metro Square Building a 1 1 P 55 St. Paul, Minnesota 0 Re: City of Brooklyn Center Industrial Development ReT7enue Bonds (William J. Dal Project Tile Company, Lessee) Dear Commissioner: It is our opinion as bond counsel for the,above- captioned issue that the proposed project is authorized under Chapter 474, Minnesota Statutes, and that the bonds, when issued, will be valid and binding instruments in accordance with their terms, 'assuming valid authorization of the final terms thereof by the City yo s truly, Richard A Helde RAH:ag April 2, 1979 Minnesota Commissioner of Securities Minnesota Department of Commerce Securities Division 500 Metro Square Building St. Paul, Minnesota 55101 ATTENTION: Mr. Tony Bibus Re: City of Brooklyn Center Industrial Development Revenue Bonds (William J. Dale Project - -Dale Tile Company, Lessee) Dear Sir: William'J. Dale, an individual residing in the City of Minneapolis, Minnesota (the "Borrower "),advises us that he intends to use the proceeds of the above- referenced issue to assist in the financing in the City of Brooklyn Center, Minnesota (the "City "), adjacent to an existing facility used in the business of Dale ,Tile Company (the "Company "), of the construction and equipping of a building to be used an an office, showroom and warehouse facility, together with any site improvements required in relation thereto (the "Project "). The Project will be owned by the Borrower and leased to the Company. Based on the certification of the Borrower, we believe .that the Project will serve a valid public purpose under the laws of the State of Minnesota, including the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act "'), for the following reasons: Minnesota Commissioner of Securities Page Two April 2, 1979 1. It is anticipated that the Project, upon comple- tion, will create approximately 6 new jobs at an annual payroll of approximately $104,800 based upon currently prevailing wages. The Project will thereby assist in halting the migration of persons out of the City and sta- bilizing the commercial character of the community. 2. It is anticipated that the acquisition, development_` and construction of the Project will provide new,construc- tion and employment opportunities to the construction indus- try and that the Project, upon completion, will assist in stabilizing and expanding the real property tax base of the City. 3. It is therefore anticipated that the Project will assist in preventing economic deterioration; providing for development of sound industry and commerce to use the available resources of the community in order to retain the benefit of the community's existing investment in education and public service facilities; halting the movement of talented, educated personnel to other areas and thus pre- serving the economic and human resources needed as a base for DrovidinQ governmental services and facilities; and providing a more adequate tax base to finance the costs of governmental services. THE CITY OF BROOKLYN CENTER, MINNESOTA By Mayor MORTGAGE' BANKERS Since 1885 4940 VIKING DRIVE EDINA. MN 55435 March 29, 1979 TELEPHONE {612)835 -7511 Minnesota Commissioner of Securities Minnesota Department of Commerce Securities Division 500 Metro Square Building St. Paul, Minnesota 55101 Re: City of Brooklyn Center Industrial Development Revenue Bond William J. Dale Project Gentlemen: We are mortgage bankers with experience in the area of commercial real estate p rojects a nd have reviewed a nran by Willinrn Jz Dale for the fi nancing of a project in the City of Brooklyn Center. under the proposal, the City of , Brooklyn Center wi ll issue its industrial development bonds under' Minnesota Y p Statute Chapter 474 to provide permanent financing for the project. In our opinion the project is feasible from a financial standpoint. Sincerely, ROT . R& CHILD FINANCI L CORPORATION Gary C. Gustafson Senior Vice President GCG /nmp �e.. EQUAL OPPORTUNITY LENDER 1301 0502 CITY COUNCIL AGENDA -2- April 6, 1979 f. Giving Preliminary Approval to a Proposed Industrial Development Project by William J. Dale Under the Municipal Industrial Development Act, Authorizing Submission of an Application to the Commissioner of Securities for Approval Thereof and Authorizing the Preparation of Documents and Materials in Connection with the Project, -Mr. William J. Dale has submitted a proposal to the City that the City,undertake a project pursuant to the Minnesota Muncipal Industrial Development Act (Minnesota Statutes, Chapter 474) to provide financing for the construction in the City of Brooklyn Center, adjacent to an existing facility used in the business of Dale Tile Company of a building to be used as an office, show room and warehouse facility and the acquisition and installation of equipment, together with any site improvements required in relation to the project. Passage of the resolution would give preliminary approval of the City Council subject to approval of the project by the Commissioner of Securities and subject to final approval by the City Council, and by the purchasers of any bonds to be issued as to the ultimate details of the project. g. Authorizing the Issuance of Revenue Bonds Pursuant to. the Minnesota Municipal Industrial Development Act, RequeSl.ing Approval by 'CA l.l)mm of Sec ur LL__L ES and Authorizing the Preparation of Necessary Documents. -The resolution comprehends the proposed financing of LOGIS computer equipment by the use of industrial develop- ment revenue financing.. The proposal comprehends a plan under which the computer equipment would be acquired by a nonprofit corporation (Minnesota Municipal Leasing Corpora- tion) with the proceeds of industrial development bonds issued by a member city of LOGIS. The corporation would then lease the project to LOGIS for a five year term with lease payments pledged by the corporation to repayment._ One reason the City of Brooklyn Center is being asked to issue the bonds is because the project will be physically located in the . City. 7. Planning Commission Items (8:00 p.m.): a. Application No. 79001 submitted by Mr. Kenneth Bergstrom for a rezoning from C -2 to R -4 of the approximate eight acre tract located in the 13`00 block south of 69th Avenue North. Application No. 79001 was recommended for denial at the March 1, 1979 Planning Commission meeting, Applica- tion No. 79001 was originally scheduled for the February 26, 1979 City Council agenda but a letter was received from Mr. Bergstrom at that time asking for an extension until an April City Council meeting. CITY COUNCIL AGENDA - April 6, 1979 b. Application No. 79009 submitted by Steve Nelson for preliminary plat approval.to combine dots commonly known as the Lynbrook Bowl, Spanjers and Mendenalls outlots into Lots 1 and 2 of Block 1, Lynbrook Bowl Addition. Appli cation No. 79009 was recommended for approval.at.the March 29, 1979 Planning Commission meeting, C. Application No. 79010 submitted by Steve Nelson for a variance from Chapter 15 (Subdivision ordinance) regard ing street width. Application No. 79010 was recommended for approval at the March 29, 1979 Planning Commission meeting. d. Application No. 79011 submitted by Steve Nelson for site and building approval for remodeling and combining the Lynbrook Bowl and the Spanjers building into an approxi- mate 690 seat restaurant, cocktail lounge and bowling establishment. Application No. 79011 was recommended for approval at the March 29, 1979 Planning Commission meeting. e. Application No. 79012 submitted by Steve Nelson for a variance from Section 35 -400 (setback requirements) on new construction to conform with existing setbacks on North' Lilac Drive and Camden Avenue North. Application No. 79012 was recommended for approval at the March 29, 1979 Planning Commission meeting. .r- v rT c c or a sec; 1 • t,,�Nl�..u`��. �.�. ,..,�., cu�;rZ�.��. �� S�e�r.. ,el.�cn. p f�._ - -L aa. use permit to allow.live entertainment in the restaurant - and cocktail lounge in the remodeled establishment. Applica- tion No. 79013 was recommended for approval at the March 29, 1979 Planning Commission meeting. g. Application No. 79014 submitted by Robert L. Johnson for a rezoning from R -3 (townhouse /garden apartments) to C -1 (service /office) and C -2 (commercial) of the property located on the west side of Brooklyn Boulevard in the 7200 block. Application No. 79014 was recommended for approval at the March 29, 1979 Planning Commission meeting. h. Application No. 79015 submitted by Mr. Robert L. Johnson for preliminary plat approval to combine part of Outlot F of the Ponds Addition and part of Lot 19, Auditor's Sub- division 57 into Lots 1, 2, and 3, Block 1, R.L.Johnson's lst Addition. Application No. 79015 was recommended for approval at the March 29, 1979 Planning Commission meeting. CITY COUNCIL AGENDA -4- April 6, 1979 8. Ordinances; a. Amending Chapter 23 Regarding License Fees Ordinance was first read on March 12, 1979, published on March 22,' and is presented this evening for a second reading. 9. Discussion. Items a. Metropolitan Council District 12 Representative -Roger Scherer has been scheduled to attend the Council meeting April 23 to discuss concerns of the Council as they relate to the Metropolitan Council. Planning Commissioners will be invited to attend. b. Minnesota Cable Communications Board Interested organizations, units of government and individuals are invited to make known to the MCCB their views concerning' the proposed cable service territory. Written comments will be accepted until May 11, 1979. Oral comments can be pre- sented on April 13, 1979 at 9 :00 a.m. at 500 Rice Street, St. Paul. - C, Report from Councilmember Fignar on League Conference d. Kaleidoscope e. Council Discussion of the Timing and Approach of Council Meetings to Addresc the Varicus issues involved in the Technical studies and NonconfoniLi ` g Statas U. Howe, inc. f. Policy for Issuance of industrial Revenue Bonds and Tax Increment Bonds -The City Council discussed the policy for issuance of industrial revenue and tax increment bonds at the February 12, 1979 City Council meeting. g. Authorization for the Mayor and City Manager to Execute an Agreement with the Firm of Merila - Hansen, Inc. to Provide Engineering Services in Regard to Technical Background Design Assistance for Specified Projects -A motion authorizing the agreement is recommended 10. Licenses 11. Liquor License for Lynbrook Bowl -On --Sale Intoxicating Liquor License -On -Sale Intoxicating Sunday Liquor License 12. Gambling and Bingo License Bond Waiver State law requires the bingo and gambling manager to give a fidelity bond of $10,000 in favor of the organization to insure that he /she will faithfully conduct the duties of the office. The City Council can waive the requirement for the bond by unanimous vote at the time the license is granted. The bond waiver can only be eliminated if the Council votes unanimously to eliminate the $10,000 bond requirement. If the CITY COUNCIL AGENDA -5- April 6, 1979 Council so votes, the bond waiver is stipulated on the license itself. Included in the license list for a license for gambling and a license for bingo is St.'Alphonsus Church. St. Alphonsus Church has requested a'bond waiver. A motion to waive the bond and the unanimous vote of the Council-is needed to accomplish the waiver. a. St. Alphonsus Church gambling license. b. St. Alphonsus Church bingo license 13. Adjournment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE BONDS PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REQUESTING APPROVAL BY THE COIN1MISSIONER OF SECURITIES, AND AUTHORIZING THE PREPARATION OF NECESSARY DQCUMENTS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: Section 1. Policy and Purpose. 1.01 For the purpose of promotion, attraction, encouragement and develop- ment of economically sound commerce, the preservation and development of a tax base adequate to finance necessary public services, and the encouragement of employment opportunities for the citizens of the City, the City is authorized by the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act "), to acquire and lease real and personal property for use by a revenue producing enterprise, or to loan funds directly to the enterprise to be used for such acquisition, said funds to be raised through the issuance of revenue bonds of the City the interest on which is exempt from federal and state income taxes. 1.02 Minnesota Municipal Leasing Corporation, a' nonprofit corporation organized under the laws of the State of Minnesota (the "Corporation "), desires to undertake a project in the City, at a total cost presently +-i-m- t- " i-. 7 bon nnn �1.. �Soiutaa.cu a aYl.rvhi.uutc.Ly yu C,viutiriSln� �.iiC c`tCijiL,iSitivii and installation of data processing equipment (the "Project "), to be operated by the Corporation as a revenue producing enterprise through the lease thereof to Local Government Information Systems (LOGIS), an organization of local government units formed pursuant to Minnesota Statutes 471.59 to provide data processing service to such units. 1.03 The Project would increase the level of economic activity in the City, would increase the City's capability, and the capability of each member of LOGIS, of providing necessary governmental services, thus aiding and promoting development, which in turn would increase the tax base in the City and the surrounding area, and would provide additional employment opportunities for residents of the City and surrounding area. 1.04 The Corporation has advised the City that conventional commercial financing for the cost of the Project is available only on a limited basis and at interest rates which decrease the economic feasibility of the Project; and that tax exempt revenue obligation financing pursuant to the Act would substantially increase the _economic feasibility of the Project, and would be a significant inducement to the establishment of the Project in the City by the Corporation. RESOLUTION NO. 1.05 The Corporation has proposed that the City issue its revenue bonds pursuant to the Act to finance the cost of the Project,, and has also advised the City that Dain, Kalman & Quail, Incorporated, in Minneapolis, Minnesota, and associates (the "Underwriter "), has agreed to purchase or provide others to purchase revenue bonds of the City issued in such amount for such purpose. Section 2. ' Authorization. 2.01 Subject to approval of the Project by the Commissioner of Securities of the State of Minnesota as required by law, and subject to the mutual agreement of the City, the Corporation and the Underwriter as to the details of documents.necessary to evidence and effect the financing of the Project and the issuance of the revenue bonds, the issuance of revenue bonds of the City pursuant to the Act in an 1' amount not exceeding $800,000.is authorized to finance the cost of the Project. 2.02 The Mayor and City Manager are authorized and directed to submit the Project to the Commissioner of Securities for his approval as tending to further the purposes and policies of the Act, and to cause such information concerning the Project to be submitted to the Commissioner as may be required for this purpose. 2.03 The City's legal counsel and bond counsel are authorized to assist in the preparation and review of documents necessary to provide for the issuance, payment and security of the revenue bonds: to consult with the r U�_h ....r �o..perctic^ and tY:c LTna-_r.._itcr as to the tcris and pro- visions of the revenue bonds and the _necessary documents; and to submit such documents to this Council for final approval. Section 3. No Liability of City. Nothing in this resolution or in the doucments prepared pursuant hereto shall authorize the expenditure of any monies of the City on the Project other than the revenues thereof or the proceeds of the revenue bonds. The revenue bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the Project and the revenues pledged to the pay- ment thereof, nor shall the City be subject to any liability thereon. No holder of any revenue bond shall ever have the right to compel any exercise of the taxing power of the City'to pay any such bond or the interest thereon, nor to enforce payment thereof against any property of the City except the Project. Each revenue bond shall recite on its face that the bond, including interest thereon, is payable solely from the revenues pledged to the payment thereof. No bond issued hereunder shall constitute indebtedness of the City within the meaning of any constitutional, statutory or charter limitation. RESOLUTION N0. Section 4. Project Expenditures. In anticipation of the approval of the Project by the Commissioner of Securities and the issuance of revenue bonds of the City to finance the Project, and in order that completion of the Project will not be unduly delayed when approved, the Corporation is hereby authorized to make such expenditures and advances toward payment of costs of the Project as it considers necessary, including the use of interim financing, subject to reimbursement from the proceeds of the revenue bonds when and if issued, but otherwise without liability the part of the City. 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. LAW OFFICES LEFEVERE, LEFLER. PEARSON, O'BRIEN & DRAWZ 1100 FIRST NATIONAL BANK BUILDING CLAYTON L LEFEVERE HERBERT P. LEFLER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CURTIS A. PEARSON (612) 333 -0543 J. DENNIS O'BRIEN JOHN E. DRAW2 DAVID J. KENNEDY JOHN' B. DEAN GLENN E. PURDUE JAMES D. LARSON CHARLES L. LEFEVERE HERBERT P. LEFLER III h 19, 1979 JEFFREY J. STRAND Marc _ - JAMES P. O'MEARA MARY J.BJORKLUND THOMAS D. CREIGHTON Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Res Industrial Development Revenue Financing for LOGIS (Minnesota Municipal Leasing Corporation Project) Dear Gerry: You'll recall that at our meeting of March 8th, I discussed with you the proposed financing of LOGIS computer equipment by the use of Industrial Development Revenue Financing. At that time you ....e proposal ....ald be ta.. .! up by the council at its March 26 meeting, and asked that I submit to you a fuller description of the proposal for you and the council's consideration'. LOGIS has undertaken a major improvement of its computer facilities involving a shift over (from its present arrangement with Hennepin County) to a free- standing computer facility at its headquarters in Brooklyn Center. The program involves the purchase of computer hardware and related software systems and their installation at the Brooklyn Center site. Because of the unique nature of LOGIS as a joint powers organization, financing alterations, for the project are somewhat limited, and the LOGIS Board has concluded that a lease- purchase arrangement of some type is the most feasible method of financing. A conventional lease - purchase would probably result in borrowing costs somewhat in excess of 7.5% making the project economically difficult.for the organization, and LOGIS wishes to reduce this debt service cost, and hence the 'cost to its member municipalities by the use of tax - exempt financing under the Minnesota Municipal Industrial Development Act., A method, of achieving such financing has been devised by LOGIS in conjunction with Dain, Kalman & Quail, Inc., its counsel and myself as counsel for LOGIS. Under this approach, the computer equipment (the "Project ") would be acquired by a non - profit corporation with the proceeds of Industrial Development Bonds or Notes- (IDB's) issued LAW OFFICES LEFEVERE, LEFLER, PEARSON, O BRIEN & DRAWZ Mr. Gerald Splinter Page Two March 19, 1979 by a member city of LOGIS. The corporation would then lease the Project to LOGIS for a five year term with lease payments pledged.by the corporation to repayment of the IDB. When the IDB is paid, LOGIS could exercise an option to purchase the Project, or lease for another term as it sees fit. The IDB would be purchased by Dain, Kalman & Quail, as underwriter, and placed privately with an institutional investor, such as a bank or savipgs and loan association. The non- profit corporation has been formed and will be in -a position to purchase the Project and lease it to LOGIS and to request the issuance of the `IDB by the City. Dain, Kalman & Quail is prepared .to advise the council that the Project is financially feasible and that the IDB can be successfully sold. The underwriter's counsel, Thomas D. Hay of Dorsey, Windhorst, Hannaford, Whitney & Halladay, who will also be acting as bond approving counsel, is prepared to give a preliminary opinion that the proposal constitutes a Project under the Act. Thus, if the council gives preliminary approval to the Project by adopting the enclosed resolution, an application can b` .r, ., H�i11441��.1 -�� _11 \.14�• l-V h e III- cso4µ CV1Ll1i 4 s o C CC lAi for approval which must be ooLainea bezore the IDB can be issued and sold. Tam aware that Brooklyn Center has never approved the issuance-of an IDB, and that the city council has currently under consideration the adoption of policy guidelines on the subject. I think the council's cautious and deliberative approach to the subject is sound. It seems to me, however -, that there are some features of the Minnesota Municipal Leasing Corporation Project proposal which clearly distinguish it from any proposal the city has received in the past or might receive in the future. (1) The proposal does not inure to the benefit of a private business. • (2) The Project would have a direct effect on the efficiency of local government itself, including that of Brooklyn Center, by increasing the capabilities of the unique cooperative effort represented by LOGIS. (3) The duration of the proposed financing is quite short as IDB's go.' Most proposals of this size extend for fifteen or twenty years. LAW OFFICES LEFEVERE, LEFLER, PEARSON, O BRIEN & DRAWZ Mr. Gerald Splinter Page Three , March 19, 1979 (4) There would be no competitive disadvantage to any existing business enterprise in the city or anywhere is i else n he t metro area. (5), Since a clear governmental function would be served there is no question of the soundness of the public purpose of the proposal. (6) Because of the short duration,4nd small size of the TDB, and the fact that the .IDB ,. would be a single instrument placed with a .single investor, the impact of its issuance on the availability of capital for investment on municipal bonds for conventional municipal purposes would, in my judgment, be insignificant. (7) In short, the city would be making a legitimate use of the Industrial Development Act to assist itself and other local gcvernment units to a nh i erre _ nn obj ect i trr� cleat y coi � y lie � - Because of these features, the proposal is unique and could hardly be used by a private business as a precedent for similar authorization by the council, and any guidelines on Industrial Development financing adopted by the council could clearly cover that fact. If the council is favorably toward the proposal, the enclosed preliminary resolution is the first step in the process. It makes the findings necessary to a proper IDB financing and authorizes application to the Commissioner for approval. An essential finding is that the Project will have an economic impact in the city and surrounding area in terms of payroll and tax base. It is estimated that an increase of at least three jobs at an annual payroll of approximately $36,000 will result and the Project will be taxable as real property. The indirect effects mentioned in paragraph 1.03 of the resolution, although intangible, are nonetheless significant. If the Project is approved, it is anticipated that the financing will be completed by July 1, 1979. . Two final points. First, Brooklyn Center is being asked to issue the IDB because the Project will be physically located in the city. Secondly, as you are aware, all costs of the issuance (including any city costs) of the IDB would be paid by the Corporation; there would be no expense whatsoever to the city in connection with the issue; the IDB would not be included in any debt LAW OFFICES LEFEVERE, LEFLER, PEARSON. O'BRIEN & DRAWZ Mr. Gerald Splinter Page Four March 19, 1979 computation of the city; and there would be no liability or obligation of the city in case of default that would not be indemnified by the corporation or performed by a trustee under the documents underlying the transaction. I hope these comments are useful to you and the council. If you have any questions, please feel free to call me. I plan to attend the council meeting on the 26th and will be happy to respond to any questions the council may have. Thanks so much for your consideration of this request. Yours very truly, c David J. Kennedy JK:dar cc: Thomas Hay Ted Willard T.J. Johnson Richard Schieffer ff" LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ 1100 FIRST NATIONAL BANK BUILDING CLAYTON L. LEFEVERE HERBERT P. LEFLER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CURTIS A. PEARSON (612) 333 -0543 J. DENNIS O'BRIEN JOHN E.DRAW2 -. DAVID J. KENNEDY JOHN B. DEAN GLENN E. PURDUE JAMES D. LARSON CHARLES L. LEFEVERE HERBERT P. LEFLER III March 28, 1979 JEFFREY J. STRAND JAMES P. O'MEARA MARY J.BJORKLUND THOMAS D.CREIGHTON Mr. Gerald Splinter City Manager City of Brooklyn Center " 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Industrial Development Revenue Financing for LOGIS (Minnesota Municipal Leasing Corporation Project) Dear Gerry: This will confirm our telephone conversation of Monday about our appearance before the city council at its regular meeting on April 9th. As I understand it. the pr.Plimirary resolution for h ,_ - be t ,............:.3...� i:+r'�i7ti.._ f .L u.iaC.7.nCj- for t.iic .uvGIS T r'CiJ�L U irii:i.J. . considered at that time. For your information and that of the council, I am enclosing a copy of a feasibility letter on the project submitted by Dain, Kalman & Quail which you may wish to circulate to the city council along with the other materials you already have on the project. If you have any questions on the proposal, be sure to give me a call. I'll look forward to seeing you on the 9th. Yours very truly, David J. Kennedy DJK:dar Enc. cc: Ted Willard March 23, 1979 Honorable Mayor and City Council City Hall . Brooklyn Center, Minnesota 55430 Minnesota Municipal Leasing Corp. c/o LOGIS 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: .Proposed.$800,000 Industrial Development Revenue Bond of the City of Brooklyn Center (_•ii nnesota x"llunicipal Leasing Corporation Project) Ladies and Gentlemen: At the request of Minnesota Municipal Leasing Corporation, we have conducted an informal study as to the economic feasibility of the proposal that the City of Brooklyn Center issue its revenue bond under provisions of the Minnesota Municipal Industrial Development Act to finance a portion of the cost of acquirinq computer hard - j - , r c - nd ral tivc —. i - Ware c`7o+ cros tO h-c- at 63011. Creek Parkway in Brooklyn Center. Our study has -led us to conclude that on the basis of current financial conditions that the project is economically feasible and the revenue note of the City of Brooklyn Center can be success- fully issued and sold. We propose to act as Agent for the City and Minnesota Municipal Leasing Corporation in order to effect the sale of the issue to one or more financial institutions subject to the approval of the Project by the City of Brooklyn Center and the Minnesota Department of Commerce - Securities Division. A copy of this letter will be forwarded to the Commissioner of Securities to serve as the Letter of Intent requested by the Commissioner. Very truly yours, DAIN, KAL1.1AN & QUAIL, INCQRPORATED B Yy RichardM. Joseph Senior ic4 President RMJ:rr Dain, Kalman & Quail Incorporated 100 Dain Tower - 9 Minneapolis, MN 55402 (612) 371 -2711 Telex 290247 • Telegrams DKQ UNDWRT MPS ARTICLES OF INCORPORATION . . of MINNESOTA MUNICIPAL LEASING Ir.G CORPORATIOPI The undersigned, acting as incorporators of a corporation under the Minnesota Nonprofit Corporation Act, ' Minn . Stat (1978) §317.01 et seq., adopt the following Articles of Incorporation for such corporation: FIRST: The name of the corporation is the Minnesota Municipal Leasing Corporation. SECOND: The purpose of the corporation is to increase the efficiency of political subdivisions of the State of Minnesota and other states by the acquisition and leasing of data processing equipment and re lated hardware and software components to such ' Political subdivisions and to conduct such other related activities as are necessary to carry out the above - stated purpose. THIRD: The corporation shall not afford pecuniary gain, incidentally or otherwise, to its members. FOURTH: The period of duration of corporate existence is perpetual. FIFTH: The address of the initial registered office of the corporation is 6820E Shingle Creek Parkway, Brooklyn Center, rinnesota, 55430. SIXTH! Tbp Hamm a 1 .,a.�........,. .. • ^• v. ad_' ;3 Gf taac. illuoLpurato.r is: 1. Martin T. Wirth 7000 Halifax Avenue North Brooklyn Center, MN 55429 2. Eugene J. Sullivan 7007 Grimes Avenue n e N orth th Brooklyn Center, riN 55429 3. Charles A. Downs 2865 Valley Vista New Hope, .MN 55428 SEVENTH: The number of,directors constituting the initial Board of Directors of the corporation is three each of whom shall hold office until he resigns or is removed by a majority vote of the directors present at a meeting at which a quorum is present. The directors shall constitute the membership of the corporation. The names and addresses of the persons who are to serve as initial directors are: 1. Martin T. Wirth 7000 Halifax Avenue North Brooklyn Center, I1N 55429 2. Eugene J. Sullivan 7007 Grimes Avenue North Brooklyn Center, MN 55429 3. Charles A. Downs 2865 Valley Vista New Hope, MN 55428 EIGHTH: There shall be no personal liability of members for corporate obligations. NI27THr The corooration shall have no capital stock. SIGNED: DATED: _ I Martin T. Wirth, Incorporator Euge�e J. S �14 Incorporator Charles A. Downs, Incorporator S • -2- SUITE 200 A �. CKUa' r 5930 BROOKLYN BLVD. BROOKLYN CENTER, MN 55429 Telephone 566 - 8650 E April 6, 1979 Mayor Dean Nyquist City of Brooklyn Center 6301 Brooklyn Blvd. Brooklyn Center, MN 55430 Dear Mayor Nyquist' In March the Chamber of Commerce received a letter from Brad Hoffman, Admin. Asst. City of Brooklyn Center. This letter requested the Chamber to respond to the city's potential use o.f industrial revenue bonds and mortgages and also tax increment financing. After several meetings of the Chamber's Local Government Committee on the auestion of industrial revenue bonds and mortgages with finan- r�`i o1 orl core n fi ri n1 c Frnm nthar e-i t ac and nr}teP t i al 1Oral business users of these bonds and mortgages, sthe , committee recom- mended to the Chamber Board support of the city's use of these revenue bonds. This recommendation was taken before the Chamber Board this morning, April 6. After discussion, the motion to support the city's use of these revenue bonds and mortgages was unanimously approved This letter is to advise you of the Chamber's recommendation and to urge you to support industrial revenue bonds and mortgages in Brooklyn Center. Regarding the tax increment financing question The Chamber is not presently in a position to respond to this portion of the request. The Local Government Committee and Board feel that they need more information from the city as to any proposed use and from communi ties that have previously used this financing vehicle. The Chamber wishes to thank the Council and city staff for this .opportunity to respond in matters relating to the Brooklyn Center business community. Sincerely, F Don Borrell, P e ident Brooklyn Center,Chamber of Commerce cc: City Council Members, City Manager �r + BERGSTROM REALTY COMPANY 3401 - 85th Ave. No. Minneapolis, Minna 55443 April 6, 1979 Mr. Ron Warren Planning Commission Secretary 6301 Shingle Creek Parkway . Brcdoklyn Center, Minnesota 55430 Dear Sir: We herewith withdraw our request for rezoning the following described property; That part of Lot 2, Block 1, Highcrest Square, lying l east of Registered Land Survey #1312. ..LTT., 4114 v{:Lt.1 L.J ii..1 t.V \Ala.4 A.•.... �. �J .y w..v 4.• vi We have decided to leave the zoning as is. Cordially, BERGSTROM REALTY CO. Kenneth L. Bergstrom CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 REGARDING LICENSE FEES S THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAINS AS FOLLOWS: = Section 1. Chapter 23 -010 of - the City Ordinances is hereby amended as follows; y Fee, (annual un- Required less otherwise Type of.License by Section License Expires stated) [Bingo less than 4 hours 23 -602 Special 1.00 /day 4 hours or more 2.00 /day] Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult ensitivi•t Groups , Escort Services , _Model Services, Dancing Services-, or Hostess Services 23 -1804 Dec. 31 1 ,500.00 Gambling Devices 23 -1903 Dec. 31 Class n s nn Class B 25.00 B ingo 23 -603 Dec. 31 Class A 5.00 Class B 25.00 Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1979. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate material to be deleted underline indicates new e indic e e matter.) 9. STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION 500 RICE STREET, ST. PAUL, MN 55103 CABLE COMMUNICATIONS BOARD (612) 2962548 March 30, 1979 The Minnesota Cable Communications Board invites comment on the so- called Northwest Suburban Cable Service Territory consisting of Golden Valley, Robbinsdale, Crystal, New I - Iope, Plymouth, Medicine Lake, Brooklyn Center, Brooklyn Park, and Osseo. The proposal was submitted on February 1, 1979 b Northern Cablevision wholly- Y � Inc., � - y owned subsidiary of Storer Broadcasting Company. The Board plans to determine its approval 'or rejection of the proposal at its May 11 meeting. On March 15, 1979, the municipality of Maple Grove submitted to the proposer a request that it be included in the above Cable Service Territory.: Pending a decision by the proposer, the Board takes this opportunity to acquaint all parties concerned with the request and of the Board's intention to give it consideration. In addition to the Metropolitan Council's review, all other interested organizations,, units of government and individuals are encouraged to make known to the Board their views concerning the proposed cable service territory. Written comments are, of course, welcome at any time up to the May 11 meeting, and the Board has set aside a portion of its renular meet n t 9!nn a,m. Pririn., Anvil 1'2 +- Snn u; ctrect iL2 Saint Paul for the presentation of either oral or written comments. The Cable Board's criteria for considering cable service territory proposals include impact on cable planning within the territory and in contiguous areas; appropriate - ness of the boundaries; impact on related policies and plans of the TIetropolitan Council and economic viability and technical feasibility of a system serving the proposed territory. The Board encourages comment all affected and interested parties concerning these and any other factors. If you have questions about the proposal, the process by which it is considered, or about the Board's activities and rules, you are encouraged to call or write. The Minnesota Cable Colrdiiunications Board wishes to be sure that all who wish to comment are made aware of their opportunity to do so. 4 MCAR § 4.222 Definitions. B. "Cable service territory" means that geographic area, as may be defined by political, metes and bounds, or other appropriate description, which encompasses a cable communications system's entire projected service area. The boundaries may include areas in which, in the judgment of the Board and the party proposing the cable service territory, extension of service is not immedi ately feasible but may be in the future. WDD /bf AN EQUAL OPPORTUNITY EMPLOYER M & C No. 79 -8 April 6, 1979 9C. FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Howe, Inc. Explosive Detonation & Storage License Request To the Honorable Mayor and City Council: Howe, Inc. is currently operating under an extended license authoriz- ing them_to'store and detonate explosives on their site at 49th Avenue and Brooklyn Boulevard. They have asked for a full year extension on their current license. The City Council has extended the license pend- ing review of a staff recommendation and receipt of various studies of activity on the Howe site Council has received copies of the Hickok engineering analysis, a copy of Mr. Loofbourow's report relating to blasting and the use of explosives on the site and a copy of a report ex by Mr. Bruen covering various aspects of chemical and explosives storage. Members of the City staff have visited the Howe site and discussed with Howe, Inc. alternatives to blasting on the site as suggested by the consultants. In reviewing these alternatives it appears that none of the suggested alternative approaches by the various consultants and City staff members is as efficient and as effective in handling the problem of knocking down high piles of product stored at the Howe site as ex • plosives. Attached are letters furnished by Howe, Inc. regarding some __ _ ,»s-. mas to 1-1-sting. Tho current UL t,11C.1.1 tCbCCtlCi .Llli..V czit�'.%.iiiutiv� .:yyJ1..�.auJ a..v ..+..- ......�.. -..-y practices of Howe, Inc. in the use of explosives at thei.c iauilii.y Is safer than their practices prior to the January fire, however, this does not mean its use on the site is safe per se. There is always more risk using explosives than there is in not using them. Our inspections of the Howe site currently indicate that Howe, Inc. is meeting all known Federal and State regulations relating to the use and storage of explosives. This was not the case at the time of the January fire. It is my understanding the Howe, Inc. storage facility in the burned out building contained more than the allowable amount of dynamite to be stored in such a facility and the facility itself did not meet Federal regulations for a storage facility. After reviewing the various studies, visiting the site and conducting the discussions with representatives of Howe, ,Inc., and meeting with consultants, it is my recommendation the City Council authorize a limited extension of the requested explosive storage and detonation license to a specific time in the fall of 1979. It is further recommended after that date no further storage of explosives -or their detonation be allowed on the Howe site. It is further recommended during the extension of the license the following conditions be attached: 1. Only Tovex or a fire chief approved equal substance of similar or better safety features may be used or stored on the site. M & C No. 79 -8 -2- April 6, 1979 2, At no time shall more than 30 pounds of approved explosives be stored on the site. 3. An outside storage facility is to be constructed in an enclosed, secure bVnker which would meet State, Federal, and City requirements, regulations and ordinances 4 That no explosives or blasting agents shall be used to break up or loosen ammonium nitrate 5. That the storage and use of explosives on the site shall meet or exceed all Federal, State, and Brooklyn Center regulations, requirements and ordinances." I have made the above recommendations because, I believe, the need for using explosives on the site is caused by the'stockpiling of caking material higher than available mechanical means can safely knock down the stacks of material Presently on the site material is placed in bins whose design allows for storage to heights of approximately 30 to 40 feet. The caking material at the top of these bins cannot be reached by mechanical equipment such as loaders to knock down over- . hangs. If the material is not stored any higher than can be safely knocked down by mechanical equipment such as loaders, then the need for blasting is eliminated. Limiting the height of storage of materials formerly blasted in the bins of the south building on the Howe site may work .a hardship on Howe, Inc. However, it is our belief the overriding • concern is +_ health —A cafety of the mn r 11 (`o_mTiiini,ty. The Howe faciiiLy 1S 1C?( dLt t1 ifLllIICULCi C Ly au j aV.cal t,, t,v carrying in excess of 20,000 cars per day. It is also located in proximity to a large number of residential dwellings. Knowing these facts which place the storage and use of explosives in close proximity to a heavy thoroughfare and residential dwellings and also knowing of the environmental and safety spin -off impacts which occurred during and after the January fire at Howe, Inc., no matter how safe you make the storage and use of explosives on this site, it is not as safe as not using them at all. The reason for extending the permit through the summer of 1979 would be to allow Howe to rid itself of inventory currently stored higher than their mechanical equipment (loaders) can loosen and dispose of the materials safely. RVcu submitted, er City Ma CITY OF BROOKLYN CENTER GGS:dkw encs.