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HomeMy WebLinkAbout1979 10-10 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center September 10, 1979 7:OG p.m„ 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - August 27, 1979 5. Open Forum 6. Performance Bond Release: Swanco, 7240 West River Road 7. Resolutions: a. Providing for the Extension of Senior Citizens Sewer Discount -This resolution authorize the extension of the discount rate now in effect through 1979. It is recommended that a discount rate equal to 500 of the single family rate be established effective January 1, 1980. b. Accepting Quotations for Contract 1979 -F (Reforestation Contract) j C. Requesting the Metropolitan Housing and Redevelopment Authority to Provide Administrative Services for Brooklyn Center's Housing Rehabilitation Grant Program d. Authorizing the Brooklyn Center Volunteer Fire Department to Use Certain State Owned Houses Within the City of Brooklyn Center for Training Purposes e. Amending Resolution No. 79 -192 Setting Bid Date for Bituminous Paving Contract 1979 -G 8. Public Hearings: a. ,Public Hearing on Proposed 1980 City Budget (8:00 p.m.) -The public hearing will be introduced and then adjourned, to be reconvened at the special budget meeting of September 17, 1979. b. Public Hearing on Industrial Revenue Bond Proposals (8:15 p.m.) -Dale Tile Medtronics 9. Planning Commission Items: (8:30 p.m.) a. Application No. 79049 submitted by Darrell Farr,Development Corporation -The applicant seeks preliminary plat approval for the creation of 122 lots in one common area associated with the conversion of the Beach Apartments to condominiums. Application No. 79049 was recommended for approval at the August 16, 1979 Planning Commission meeting. This application was tabled at the August 27, 1979 Council meeting and continued to the September 10, 1979 Council meeting. CITY COUNCIL AGENDA -2- September 10, 1979 b. Application No. 79052 submitted by Cass Screw Company -The applicant seeks site and building plan approval of a 60' x 120' addition to the existing plant. Application No. 79052 was recommended for approval by the Planning Commission at the August 30, 1979 Planning Commission meeting contingent on an ordinance amendment to Chapter 35 regarding special requirements in I -1 and I -2 districts. C. Application No. 79053 submitted by Cass Screw.Company -The applicant seeks a variance from the 100 foot buffer requirement where I -2 abuts R -1 for addition to the existing plant at 4748 France Avenue North. This request was first considered by the Planning Commission at the August 16, 1979 Planning Commission meeting. The Planning Commission recommended denial of Application No. 79053 at the August 30, 1979 Planning Commission meeting. 10. Ordinances a. An Ordinance Amending Chapter 35 Regarding Special Requirements in I -1 and I -2 Districts -The ordinance is recommended for a first reading. b. An Ordinance to Vacate the Alley Between Emerson and Fremont Avenues North and Between 56th and 57th.Avenues North -The ordinance is recommended for a first reading. It is also recommended that the second reading and public hearing be scheduled. 11. Discussion Items: a. Review of Special Assessments t*12iich Are to be Levied This Year. -The special assessment hearing has been scheduled for 8:OO p.m. on September 24, 1979.' b. Recommendation to Purchase Fill for Central Park Grading Project. C. Brooklane Park Shelter Building. d. Recommendations from the Northwest Hennepin Human Services Council Regarding a Community Action Agency for Suburban and Rural Hennepin County. e. Housing Rehabilitation Guidelines. 12. Gambling Licenses and Bingo Licenses: a. Twin Lake Alano Society, Ind. -The City Council must act on the following: -- Application for a bingo license (requires a majority vote of the City_ Council) -- Waiver of a $10,000 fidelity bond (requires a unanimous vote of the City Council) b. Cross of Glory Lutheran Church -The City Council must act on the following: -- Application for a Class A gambling license (requires a majority -vote - of the City Council) -- Waiver of a $10,000 fidelity bond (requires a unanimous vote of the City Council) MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspections FROM: Will Dahn, Building Official SUBJECT: Performance Bond Recommended for Release DATE: September 7, 1979 The following performance guarantee is recommended for release: 1. Swanson Homes 7230, 7240, 7250 West River Road Planning Commission Application No. 70063 Amount of guarantee - $2,500.00 (Obligor - Swanson Homes) All site work including paving, curb and gutter and plantings installed as per approved plans. Recommend total release. , APPROVED Y , Rona d A. Warren, Director of Planning and Lnspections Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AMID CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY CF BROOKLYN CENTER BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution No. 78 -61, adopted on March 27, 1978, is hereby amended as follows: 1. Under RATES, the following shall be added to paragraph 1. Residential: Year Quarterly Rate Elderly 1980 $9.50 2. Under FEES, paragraph 3 shall be changed to read: 3. Metropolitan Service As set by the Metropolitan Availability Charge Waste Control Commission i Date Mayor ATf'EST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the follow- ing voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Menber introduced the following resolution and proved its adoption: RFSOLUI'ION NO. RESOLUrICN REQUESTING AREA LEGISLATORS TO SPONSOR LEGISIATION TO AUTHORIZE SEWER SERVICE DISCOUNTS FOR HANDICAPPED PERSONS AND FOR LOW -INCOME PERSONS VMTAS, the City Council of the City of Brooklyn Center, as a natter of social equity, desires to have the authority to fix a schedule of sewer charges which includes discounted rates for handicapped persons and for persons on low income. NOW, THEREFORE, BE IT 'RESOLVED by the City Council of the City of Brooklyn Center that all area legislators are hereby requested to sponsor legis- lation which will authorize cities to adopt schedules of sewer charges which incorporate sewer service discounts for handicapped persons and for persons on low incomes. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by n tuber and upon vote being taken thereon, the follow- . ing voted in favor thereof: and the following voted against the saner: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 VV LYN TELEPHONE 561 -5440 EMERGENCY— POLICE —FIRE CENTER 561-5720 a= TO: Gerald G. Splinter, City Manager FROM: Sy app, Director of Public Works DATE: September 6, 1979 RE: Extension of Senior Citizen Sewer Discount On March 27, 1978, the City Council adopted Resolution 78 -61 establishing a new sanitary sewer rate schedule (see copy attached). Included in that resolution is a discount rate for senior citizens effective through 1979. A review of the minutes of that meeting indicates: L That the City Council requested public distribution of inforn action regarding water conservation measures. 2. That the City Council requested the City administration to ronitor the program for senior citizen discounts; and 3. That the City Council requested the City Manager to study the possi- bility of providing a subsidy for handicapped persons and persons on fixed or low incomes. In response to those requests by the City Council: 1. Infornation regarding water conservation measures was printed in the ,City newsletter. Also, the Brooklyn Center Post published some infonra- tion on this subject as a public service. 2. At this time, 876 senior citizen affidavits have been submitted. This represents approximately 10% of the total nurnber of residential accounts, and represents an income reduction of $24,528/year (876 x $7.00 /quarter x 4 quarters) for 1979. (Note: At the March 27, 1978 meeting, Jim Merila estimated that if discounts were limited to senior citizens with maximum household incomes of less than $5,000 per year, approximately 40 of all accounts would qualify. Obviously, by removing the income limit, the number of quali- fiers is much higher.) .,, 71st saws da9c Now eael n Memo to Gerald G. Splinter Page 2 of 2 Pages September 6, 1979 A cursory review of meter readings indicates that many of the persons who have received the discounted rate do, in fact, have low water usage. How- ever, there appears to be some notable exceptions. Unfortunately, because of the changeover in the corrputer program, we are not able to obtain a detailed special analysis at this time without ding it manually. 3. In response to your inquiry, Senator William Luther had the Senate Counsel prepare a mew regarding the matter of discounts for handicapped and low income persons. That mamo indicates that existing law leaves the City's authority to adopt such policy as questionable. Zb eliminate those questions, he supports an amendment to M.S. 444.075. Senator Carlson indicated a willingness to support such legislation. Subsequently, you sent a letter to Don Slater, Executive Director of the L.M.C. asking that L.M.C. draft and seek sponsors for such legislation. At your request, I contacted Duke Addi.cks at the L.M.C. to inquire as to the status of your request. Duke advised ire that, because of their study committee protocol, and their current workload in covering regional meetings, it is very unlikely that the L.M.C. would be in a position to draft and support such legislation in the 1980 session—it would probably have to await the 1981 session. However, Duke did say he personally thinks this is a good concept and that if Brooklyn Center can get our legislators to get a bill drafted and agree to carry it, the L-.M.C. would certainly lend its support. Recommendations 1. Because we do not have a detailed analysis of the Senior Citizen discount Program, I recommend that we extend it for one more gear, at a rate of $9.50 /quarter (500 of the 1980 single family rate). A resolution for this purpose is attached. 2. Resolution 78 -61 set the S AC charge for 1978 at $400.00 per unit equivalent. The 1979 SAC charge is $425.00, and I understand 1980 SAC charges will be between $450 and $500. 'Ib eliminate the need for annual revision of this resolution, I recommend that the SAC charge be established "as set by Metro Waste Control Commission ". This change is included in the proposed reso- lution amending Resolution 78 -61. 3. If the City Council wishes local legislators to author a bill amending the existing law so as to allow handicapped and low income discounts, they may wish to adopt the .second proposed resolution attached hereto. Respectfully subndtted, app cb Attachments Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION NO. 78 -61 - E RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES � T FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER WHEREAS, a municipal Public Utilities Department exists for the purpose of providing and maintaining water and sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Department be a self- sustaining entity through revenue provided by a uniform schedule of rates, fees, and charges; and t WHEREAS, the City Council of the City of Brooklyn Center. did last amend the schedule of sanitary sewer user rates by adoption of Resolution - No. 71 -10 on January 18,. 1971 , and the schedule of fees and charges by adoption of Resolution No. 74 -149 on September 9, 1974; and WHEREAS, the City Manager and the Director of Public Works have recommended that increased disposal costs to the Metropolitan Waste Control Commission requires an increase in the schedule of sanitary sewer rates; and WIIEARF_ S, t "c Cit;• Ccunc it deems that th.- new rat schoF lda be a "step rate" with annual increases; and _ WHEREAS, the Metropolitan Waste Control Commission has increased the service availability charge to $400.00 for 1978; and WHEREAS, consistent with Chapter 11 of the Brooklyn Center City ..Charter, the City Council on March 27, 1978, conducted a public hearing at. which time an opportunity was afforded all interested citizens to be heard: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the schedule of sanitary sewer rates, fees, and charges be adopted in amended form as follows: AMEN SANITARY SEWER DIVISION RATE SCHEDULE • (Effective for accounts billed after April 3, 1978) RATES: 1. Reside Qua rterly Rates Year Sin gle Fami Apartmen Eld erly ** 1978 $ 12.25 $ 8.60 $ 8.75 1979 15.75 11.00 8.75 1980 19,00 13.30 • 1981 20.00 14.00 1982 21.25 14.90 /RESOLUTION NO. 78 -61 ' *Includes double bungalows, duplexes and townhouses * *For elderly residents with the head of household or spouse 62 years of age or older and a maximum of 2 persons in the household. Persons meeting the above requirements shall file with the Cite in January of each year an affidavit approved by the City. 2. Non- Residential Year Per l .000 Gallons Fixture Unit ** 1978 0.55 $ 0.75 • 1979 0:70 0.95 1980 0.85 1.15 r a9$1 0.90 1.25 1982 0.95 .1_.30 ' *Multiplied by the metered water consumption. * *All uses without water meter, fixture unit as defined by City of Minneapolis Plumbing, Water and Gas Piping Ordinances (1959) FEES 1. Connection Permit $20.00 /Connection 2. Disconnection Permit $20.00 /Disconnection 3. Metropolitan Service Availability Charge for 1978 $400000 per unit equivalent The number of unit equivalents which are connected or for wi i 'i a Lu11uii1g permit is issued shall be computed in accordance with the . guidelines set forth by the Metropolitan Waste Control Commission on file in* the office of the City Engineer. A summary of the guidelines is as follows: a, Single family, double bungalows, duplexes, and townhouses 1.0 unit equivalent b. Apartments and Condominiums .8 unit equivalent c. Non- Residential 1.0/100,000 gallons of estimated flow (with minimum of 1 unit) d. Public and Federal subsidized low and ' moderate income and housing 75 . of unit equivalent CHARGES ' 1. Delinquent Account $1.00 per quarter per account 2.. Preparation for Certification to Taxes of Delinquent Accounts. $10.00 per account RESOLUTION NO. 78--61 i BE IT FURTHER RESOLVED that the above amended schedule of sanitary sewer rates, fees, and charges becomes effective for accounts billed after April 3, 1978. March 27, 1978 Date . Mayor' ATTEST: n Clerk 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 resolution was declared duly passed and adopted. , Men ber introduced the following resolution and noved its adoption: RESOLUTION N0. RESOLUTION ACCEP'T'ING QUOTATION FOR REFORESTATION IMPR Tvt D T PRDJBC`I' NO. 1979 -7 (CONTRACT 1979-F) WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials, 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 Engineer and the Director of Parks and Recreation have obtained quotations for Contract 1979 -F which consists of Reforestation Improve- ment Project No. 1979 -7 and said quotations were as follows: Finn Quotation Midwest Landscaping $5,400.00 Seefert Nursery $6,390.00 Up-_A-Tree $6,408.00 Natural Green $6,750.00 Windsor Landscaping $7,380.00 Midland Nursery $7,740.00 Jim 's Tree Service $7,920.00 Landshapes, Inc. $11,250.00 WHEREAS, it has been determined by the City Engineer and the Director of Parks and Recreation to the satisfaction of the City Council that the quota- tion of Midwest Landscaping is the best quotation submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the quotation of Midwest Landscaping, in the amount of $5,400.00, as to furnishing of all labor, materials, tools, and equip- ment in connection with the above mentioned improvement project(s), according to the plans and specifications therefore now on file in the office of the City Clerk, is deemed to be the best quotation sulnitted for said work by a responsi- ble contractor, and said quotation is hereby accepted. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute a contract with said contractor. Date Mayor ATTEST: Clerk The notion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof _ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution 7c, and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING THE METROPOLITAN COUNCIL HOUSING REHABILITATION AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY OF BROOKLYN CENTER'S HOME REHABILITATION GRANT PROGRAM WHEREAS, the City of Brooklyn Center desires to assist low and moderate income homeowners in making repairs to their homes for the purpose of correcting defects directly affecting the - safety, habitability, energy usage, or accessibility of the property; and WHEREAS, the Metropolitan Council HRA currently provides admini- strative services for the City of Brooklyn Center's Minnesota Housing Finance Agency Home Improvement Grant Program; and WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 1976, Section 473.123 and has all of the power and duties of a housing and redevelopment authority pursuant to Minnesota Statutes 1976, Section 473.193 under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes 1976, Sections 462.411 to 462.711; and WHEREAS, the City of Brooklyn Center desires to implement a housing rehabilitation grant program directed at individuals with low and moderate incomes not eligible under the MHFA Home Improvement Grant Program; and WHEREAS, the City of Brooklyn Center desires to avoid duplication of administrative services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center is hereby requesting the Metropolitan Council HRA to pro- vide administrative services for Brooklyn Center's Home Improvement Grant Program. 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. l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE CERTAIN STATE OWNED HOUSES IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES WHEREAS, the Brooklyn Center Volunteer Fire Department has requested the Brooklyn Center City Council to authorize the use of four state owned houses within the City of Brooklyn Center for the purpose of burning for Fire Department training; and WHEREAS, training drills are essential to maintain the effectiveness of the Brooklyn Center Volunteer Fire Department; and WHEREAS, the Brooklyn Center Volunteer Fire Department has obtained permission from the State Department of Transportation for the use of the houses for training contingent on authorization for such use by the Brooklyn Center City Council; and WHEREAS, the Brooklyn Center Volunteer Fire Department has requested the Brooklyn Center City Council to authorize the use of the four state owned houses for training purposes through February 29, 1980; and WHEREAS, the subject houses are located at 6248 Fremont Avenue, 6235 Fremont Avenue, 5623 Lyndale Avenue, and 5336 4th Street North, all within the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby authorizes the use of the four subject houses, by the Brooklyn Center Volunteer Fire Department, for training purposes through February 29, 1980 BE IT FURTHER RESOLVED that except for negligent acts of the State, its agents and employees, the City of Brooklyn Center assumes all liability for, and will save the State, its agents and employees harmless from, all claims for damages, actions or causes of action arising out of the use of the subject buildings by the City for Fire Department training. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER E MERGENCY— POLICE —FIRE 561 -5720 September 6, 1979 To: Mr Gerald Splinter City Manager From: Ron Boman Fire Chief Re: Resolution for house burning Dear Jerry: The state has four houses in the City that the fire department would like to use for training purposes. I would appreciate it if you could have the council pass a resolution on Monday Sept. 10 that would authorizes the use of the houses for training. The State has requested that we include in the resolution the following language. Except for negligent acts of the State, its agents and employees, The City of Brooklyn Center assumes all liability for, and will save the State, its agents and:empl:o_yees _ harmless ; from,_.ali- claims for- damages; actions or causes of action arising out of the use of the subject buildings by the city for fire department training. The following are a list of the houses and the address's. 6248 Fremont 6235 fremont 5623 Lyndale 5336 4th St. No. We would be using these home for training until February 29, 1980. I would like to point out we would be drilling in only one house at a time and would complete the usage of it for traning before we would start with another home. "7Cie S4sttetlsi�cg M au &f •• Z Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 79 -192 , ADOPTED AUGUST 27, 1979, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISE- MENT FOR BIDS FOR BITUMINOUS PAVING CONTRACT 1979 -G WHEREAS, Resolution No. 79 -192 adopted August 27, 1979, approved plans and specifications and directed advertisement for bids for Improvement Project Nos. 1978 -27E, 1979 -8, and 1979 -9 (Bituminous Paving Contract 1979 -G); and UU2EA.S, the City Engineer has determined it to be necessary that an extension of time be allowed the bidders bidding upon said Contract. NOW, SORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend so much of Resolution No. 79 -192 as per - tains to'the date of the bid opening for Contract 1979 -G to read as follows: "3. Bid date is set for tvionday, September 24, 1979, at 11:00 o'clock a.m., central daylight time." Dat e 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. PLANNING COMMISSION AGENDA STUDY SESSION August 30, 1979 I. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: August 16, 1979 4. Chairman's Explanation: The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. ° In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions on these matters. Cass Screw Company 79053 Variance from 100 buffer requirement where I -2 abuts R -1 for addition to existing plant at �us f 4748 France Avenue North�� t � j �u�, �-, f f +te r M� e-p 0 Cass Screw Company 79052 Site and Building Plan Approval of a 60' x 120' addition to the existing plant. 7. Comprehensive Plan Review - 9:00 p.m. Presentation by Bill Weber (and John McNamara) of BRW on implementation section of the Comprehensive Plan and a proposed Flood Plain Ordinance. 8. Discussion Items a. Ordinance amendment requiring 50' rear yard setback for principle structures from major thoroughfares. 9. Other Business 10. Adjournment Planning Commission Information Sheet Application No. 79053 Applicant: Cass Screw Location: 4748 France Avenue North Request:: Variance_ The applicant seeks a variance of 75' from the 100' buffer greenstrip required where I -2 and R -1 abut at a property line. The abutment involved is that of the Cass Screw property (I -2) to Outlots 1,2 and 3, Ryan Lake Terrace Addition which are technically zoned R -1 since they fail to appear in any other zoning district. The Commission is referred to the information sheet and minutes for the previous meeting for more background on the requested variance. At the August 16th meeting, the Commission concluded that an inconsistency _ existed in the City's Zoning Ordinance relating to buffers separating Industrial and Multiple Family Residential. The inconsistency results from requiring an industrial use to provide a 50' buffer when abutting R -4 through R -7 across a street, but requiring no extra buffer when abuttment is. at a property line. Staff has prepared language for an ordinance amendment which would do away with the present inconsistency and would also allow Cass Screw to build the addition to their plant along the 25' setback line as proposed. If it desires, the Planning Commission may recommend approval of the proposed 25' setback either by means of granting a variance or by making certain findings concerning the Ryan Lake Terrace Outlots and adopting an ordinance amendment to Section 35 -413. Granting of a variance is not recommended since the standards for a variance are not clearly met by this application. It is, therefore, recom- mended that the Planning Commission consider a recommendation to adopt the attached ordinance amendment and make the following findings concerning the Ryan Lake Terrace Outlots. 1. That the R -1 zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 2. That the intent of the outlots is to limit or prevent access from the industrially zoned property onto 47th Avenue North 3. That for setback purposes the outlots should be considered to be what they would be used for under normal circumstances, namely, public right -of -way, If the -above findings are made, it shall be unnecessary to consider variances for any of the industrial uses to the..north of 47th Avenue, North :so lonn:.as .:those uses conform to ordinance setback requirements. The findings amount to a. declaration that, for zoning purposes, the Outlots shall be considered the same as public right -of -way. 8 -30 -79 A Planning Commission Information Sheet Application No. 79053 Applicant: Cass Screw Company Location: 4748 France Avenue North Request: Variance The applicant seeks a variance of 75 feet from the required 100 foot buffer strip where I -2 and R -1 abut at a property line. The variance is in conjunction with and applies to site and building plan approval for a 60' x 120' addition to the existing Cass Screw plant along the present 25' setback line. Cass Screw is bounded on the east by heavy industrial use, on the north by 48th Avenue, on the west by France Avenue, and on the south by three outlots measuring roughly 5' x 130' and zoned R -1 by ommission from any other zoning district. The outlots abut 47th Avenue North and belong to the owner of the apartment building at 3401 47th Avenue North. On the south side of 47th Avenue North are eight apartment buildings in the R5 zone. The applicant has submitted a letter explaining his reasons for requesting a variance (attached). In it he states that: 1. The building would not be as efficient if the addition must be set back more than 25 feet. 2. The addition will align with the existing building and both will be kept free of openings. 3. The character of the neighborhood would not be changed. 4. There is ample separation between the apartments and the Cass Screw plant. As to the outlots (known as outlots 1 through 7, Ryan lake Terrace Addition) and this Rl zoning: The outlots were included in the approved plat of the Ryan Lake Terrace Addition (Planning Commission Application No. 60115) for the purpose of denying access onto 47th Avenue North of any industrial traffic from existing or potential uses to the north. Their existence has effectively barred industrial development on the north side of 47th Avenue North, even though 47th Avenue North is a public street. When the Ryan Lake Terrace property was first zoned for apartments in 1962, the entire plat (including the outlots) was zoned R -B (a general apartment zone). In 1968, the entire Zoning Ordinance was revised and the description of Land included in the R -5 district was changed to read: "Lots 1 through 7, Block 1, and.0utlot 8, Ryan Lake Terrace Addition: Thus, Outlots 1 through 7 were omitted and, failing to appear in any other district, must be considered R -1 property. Staff can find no documentation of intent on for this rezoning. The Comprehensive Plan speaks to this location on page 68 in the following terms: Encourage "cleaning up of the industrial area near Ryan Lake, specifically out - door storage of materials and equipment, thereby improving the visual appearance of the area for the benefit of apartment dwellers directly to the south." A proposed zoning map included in the Comprehensive Plan, however, shows the R -5 zoning district line running along the north side of 47th Avenue North. If the intent of the Plan were to change the zoning to R -1, it would seem logical to show the zoning line on the south side of 47th Avenue North where it is now. 8 -16 -79 -] - ` Application No. 79053 If the outlots were zoned R -5, the setback requirement would be only 10' from an interior lot line. Likewise if the outlots were zoned I -2 or any other zone except R -1, R -2, or R -3, which require a 100' buffer greenstrip. The previous owner of the outlots in question has indicated, moreover, that the zoning of the outlots was never taken into consideration in the platting or rezoning of the Ryan Lake Terrace Addition. Also,the City Attorney has indicated -that an R -1 is "unreasonable" since the lots are not even buildable. In light of the unique circumstances surrounding the parcel, staff recommends that the Planning Commission take two actions regarding the proposed variance: 1. Make a finding that the R -1 zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional 2. Recommend approval of a variance which is based on what the outlots would be used for under normal circumstances, namely for public right -of -way. Such a variance would seem to meet the ordinance criteria of uniqueness, hardship, and compatibility with surrounding land uses. A variance based on the above - stated rationale, however, would be only 50' rather than 75' which the applicant seeks. If the above- stated reasoning is accepted (and made a part of any variance recommendation), any variance greater than 50' should be allowed only after amendment to.the City's Zoning Ordinance Section 35 -413 (1). 8 -16 -79 -2- w, Planning Commission Information Sheet Application No. 79052 Applicant: Cass Screw Company Location: 4748 France Avenue North Request: Site and Building Plan Approval The applicant seeks site and building plan approval of a 60' x 120' addition to the existing screw manufacturing plant at 4748 France Avenue North. The addition " is proposed for the east side of the building and will be used primarily for storage with some manufacturing.' The application was tabled by the Planning Commission at its August 16,1979 regular meeting until an ordinance amendment dealing with buffers between Industrial and Multiple Family Residental districts can be decided on. Your attention is directed to the information sheet prepared on Application No. 79052 for the previous meeting. Should the Commission recommend approval of the proposed ordinance amendment, approval of the present plan would be recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits 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 ex- tinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances 5. All outside trash disposal and /or rooftop mechanical equipment " shall be appropriately screened from view. 6. B -612 curb and gutter shall be provided around all driving and parking areas. .7. An underground irrigation system shall be provided in all _ landscaped areas to facilitate site maintenance. 8. Plan approval is contingent upon the adoption of an ordinance amendment reqarding buffers between Industrial and Multiple Family Residential districts. Building permits will not be issued until that amendment is effective. 8 -30 -79 Planning Commission Information Sheet Application No. 79052 Applicant: Cass Screw Company Location: 4748 France Avenue North Request: Site and Building Plan Approval The applicant seeks site and building plan approval for a 60 x 120' addition to his existing screw manufacturing plant at 4848 France Avenue North. The property is zoned I -2 and is bounded by France - Avenue North on the west, by 48th Avenue North on the north, by a heavy industrial use on the east and by Outlots 1, 2, and 3 of Ryan Lake Terrace Addition on the south. The addition is proposed for the east side of the building along the present south wall line, 25' from the south property line. The additional 7,200 square feet of space will be used primarily for storage with some space used for manufacturing, both permitted uses in the I -2 zone. The applicant also proposes to install a newly paved parking area with 46 parking stalls. The plan shows 13 additional stalls on the site for a total of 59. The ordinance formula of one stall per 200 square feet of office space and one stall per 800 square feet of industrial space results in 55 required spaces (2,628 sq. ft. office; 33,337 sq. ft. industrial). The proposed addition includes a single truck dock on the east end of the north wall. A 20 foot roof overhang is proposed on the north side of the addition for covered outside storage ge and for the dock area. An illegal driveway leading onto 47th Avenue North will be closed and all truck access will be primarily off 48th Avenue, North. The plans indicate elimination of nonconforming parking on 48th Avenue North and construction of a new parking lot on France Avenue North. Three light standards are indicated along the east portion of th-e site and an 8' high wood fence is proposed on the south side of the parking lot consistent with the building setback line of 25 feet. Drainage on the east portion of the site is to be handled by a gutter running along a line consistent with the west edge of the new parking lot. The existing Cass Screw facility is nonconforming as to structure, but not use. The City has allowed nonconforming structures to expand along current setback lines. Because the addition to the building will require a variance from such setbacks and possibly even an ordinance amendment (see information sheet for 79053), it is recommended that this application be tabled until the setback issue is resolved. 8 -16 -79 m N end c to < ,\ o C-) \� \ 4 O ' s \\\ a Z y � -1 LAKE9i0E PL CD \ / N ftl 1 I \\ ORE AT VI FRANCE AYE J � FRANCE 0 0 - 7 f - Y - - t <Q .— EWrN0 AVE » EWINO AVE D A N opt [ AYL I Y / AVE BEARD C ABBOTT \ O ABBOT T r* f �r ZENITH w Q -�� ZENITH AV rn QOK��N i 6R .n EXCERPT 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 AUGUST 30, 1979 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Hal Pierce at 7:37 p.m. ROLL CALL Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson. Also present were Director of Planning and Inspections Ronald Warren, Superin- tendent of Engineering James Noska and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - August 16, 1979 Motion by Commissioner Malecki seconded by Commissioner Hawes, to approve the minutes of the August 16, 1979 meeting as submitted. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. The Planning Assistant pointed out an administrative revision on Page 10 of the August 16, 1979 minutes pertain- ing to the proposed ponding area in front of the Cass Screw facility at 4748 France Avenue North. APPLICATION NOS. 79053 and 79052 (Cass Screw Company Following the Chairman's explanation, the first item of consideration was the site and building plan and variance applications submitted by Cass Screw for a 60' x 120' addition to the east side of the existing building. The Secretary pointed out that the applicant seeks a variance of 75 feet from the 100' buffer greenstrip required where I -2 and Rl abut at a property line. The abuttment involved is that of the Cass Screw property (I -2) to Outlots 1, 2 and 3, Ryan Lake Terrace Addition which are technically zoned R1 since they fail to appear in any other zoning district. The Secretary stated that at the August 16 Plan- ning Commission meeting, the Commission concluded that an inconsistency existed in the City's Zoning Ordinance relating to buffers separating industrial and multiple- family residential property. The inconsistency results from requiring an industrial use to provide a 50' buffer when abutting R4 through R7 across a street, but requiring no extra buffer when abuttment is at a property line. He stated that staff has prepared language for an ordinance amendment which would do away with the present inconsistency and would also allow Cass Screw to build the addition to their plant along the 25 foot setback line as proposed. The Secretary explained that the Planning Commission could recommend approval of the proposed 25 foot setback either by means of granting a variance or by making certain findings concerning the Ryan Lake Terrace Outlots and adopting an ordinance amendment to Section 35 -413. He recommended against granting a variance since the standards for a variance are not clearly met by this appli- cation. He recommended that the Planning Commission recommend to the City Council the adoption of an ordinance amendment and make the following findings concerning the Ryan Lake Terrace Outlots: 1. That the R1 zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 8 -30 -79 -1- 2. That the intent of the Outlots is to limit or prevent access from the industrially zoned property onto 47th Avenue North. 3. That for setback purposes, the Outlots should be considered to be what they would be used for under normal circumstances, namely, public right -of -way. If the above findings are made, he said, it should be unnecessary to consider variances for any of the other industrial uses to the north of 47th Avenue North so long as those uses conform to ordinance setback requirements. The findings, he stated, amount to a declaration that for zoning purposes the Outlots shall be considered the same as public right -of -way. The Secretary then reviewed the site and building plan application. The Secretary explained that the addition is'proposed for the east side of the build- ing and will be used primari for storage with some manufacturing. He noted that the application was tabl by the Planning Commission at its August 16, 1979 regular meeting until an ordinance amendment dealing with buffers between industrial and multiple-family residential districts could be drafted for the Commission's P Y review. Using transparency of the site plan, the Secretary pointed out for 9 P Y p � Yp the Commission some of the changes that would result from the new construction. Parking would be relocated from 48th Avenue North to a parking lot on the east side of the site, which would be improved. The addition will provide a new load-, ing facility which will bring much of the truck traffic off of France Avenue and onto 48th Avenue. He also noted that an outside storage area would be screened b the b uilding, h y u g, t e reby accomplishing the recommendation of the..Com Comprehensive p 9 Plan to clean up outside storage s r' s across from the apartments �n the industrial gal use p p on 47th Avenue North. He pointed out that the plan provides for an improved parking lot with appropriate screening as required by the ordinance. The Secretary stated that the addition would remove a number of negative aspects that detract, from the site at resent. He mentioned in this regard the parking p 9 p 9 , directly off 48th Avenue North, the unscreened and unpaved parking lot on the P p g east portion of the site, and the asphalt drive leading onto 47th Avenue North which is illegal. The Secretary then went into a more detailed discussion of the variance appli- cation. He explained that Outlots 1 through 7 of the Ryan Lake Terrace Addition were zoned R1 by omission in all likelihood. He noted that when R1 property abuts I -2 ro ert at a property line, a 100 foot buffer strip is required on p p Y p p Y p q the industrial side of the line. In light of the unique situation presented by the Outlots, he said, a variance would seem to be justified up to the point which the ordinance would allow if the Outlots were public right -of- way. The ordinance would presently require a 50 foot setback where a multiple - residential use abuts an ` industrial use across a street. This, however, does not seem consistent with other provisions in the Zoning Ordinance and an ordi amend- ment to allow industrial uses to be within 25 feet of their property l ines when abutting multiple residential across a street has been submitted for Planning Commission review. The Secretary explained that the ordinance, as presently written, does not provide any buffer provision between industrial and multiple - family residenti uses (R4 through R7) when they abut at a property line. Yet when they abut across a street line, the ordi requires a 50 foot buffer strip. He ex- plained that the ordinance amendment would reduce the buffer strip required' across a street and would also establish a reasonable buffer area when industrial abuts a multiple- residential at a property line. 8 -30 -79 -2- ,He then reviewed the provisions of the draft ordinance amendment. He explained that the Zoning Ordinance presently makes a distinction between Rl through R3 uses, and R4 through R7 uses. He stated that this differentiation may be based_ on structural differences between what are essentially single family dwelling units and multiple - family dwelling units which do not have their own private entrances. Chairman Pierce added that apartment complexes also have large parking lots which require screening and that this screening may in some cases serve the purpose of blocking out an industrial use. The Secretary noted that the effect of the Zoning Ordinance amendment would be to prohibit industrial activities, not including parking, within 50 feet of multiple- family residential uses. He stated that while it might be desirable to have larger buffer areas to protect multiple - residential uses, a more stringent would create a number of nonconforming uses in the in- dustrial park where there is no seeming conflict between the two different uses. He then showed the Planning Commission on a transparency where the exist- ing uses in the industrial park are situated in relation to the new Zoning Ordinance requirement. He pointed out that the only conflict arises with Artic Metals which is closer than 50 feet to the property line All other industrial buildings in the industrial park which abut multiple - family resi- dential uses are set back more than 50 feet. Commissioner Lucht commented that the amendment would help the southwest area abutting the pole yards. The Secretary agreed stating that it would be an improvement for potential apartments abutting an industrial use at the property line and that although the proposed 25 foot buffer across the street is less than currently existing requirements,there would still be well over a 100 feet separating apartment buildings and industrial buildings. Commissioner Hawes inquired how close parking would be allowed to come at the pole yards under the proposed ordinance amendment. The Secretary answered that there would be no restriction on parking and that it would be allowed to come within 5 feet of the property line. Commissioner Erickson stated that there seemed to be an inconsistency between Subsection c and d of the proposed Zoning Ordinance amendment, since d allows parking within the buffer strip and c does -not. The Secretary, answered that the reason for allowing parking within the buffer strip where there would be property line abuttment is between Industrial and R4 through R7 property to protect existing situations in the industrial park. The purpose is to avoid creating more nonconforming situations, he said Com- missioner Erickson stated he still could not reconcile allowing parking so close when industrial uses abut multiple - residential uses at a property line. Commissioner Hawes asked whether a restriction could be added to Subsection c which would stipulate how close parking could be allowed. The Secretary stated that such a condition could be added. Chairman Pierce asked how close the parking lots were to the property lines ,i n the industrial park. The Secretary reviewed the transparency of the industrial park which indicated that the parking lots varied in their setback from 5 to 27 feet. Chairman Pierce suggested that a parking lot setback requirement of 15 feet should perhaps be considered. Commissioner Hawes asked how much space is required to provide a berm. The Superintendent of Engineering answered that at least 15 feet would be required for a three foot berm. He recommended 20 feet for a 32 foot berm. The Secretary asked how high a berm could be provided in a 10 foot space. The Superintendent of Engineering answered that a two foot berm would be the highest. Chairman Pierce stated that rule of thumb is generally six feet for every one foot of height in order to maintain a three to one grade: B -30 -79 -3- Commissioner Hawes stated that he would like to see more than five feet required as a parking lot setback where industrial and R4 through R7 abut at a property F' line. The Secretary pointed out that other requirements in the Zoning Ordinance comprehend screening of parking lots and outside storage and industrial activ- ities. He suggested that these other requirements also provide.effective. screening of the industrial use as well. Commissioner Theis commented that in the case of the half street north of the Soo Line Railroad, 30 feet of buffering would be lost since the right -of -way is 30 feet, rather than 60 feet. The Secretary answered that if the developer wanted to get access to the industrial property from the existing half street, he would have to dedicate the other half of the street and thereby provide the additional 30 feet of right -of -way. Commissioner Erickson commented that Subsection a excludes driveways from the buffer area, but other subsections do not exclude this use. The Secretary explained that driveways are allowed in cases where industrial uses abut resi- dential uses across a street line for access purposes; and that the reason, driveways are allowed in the buffer area between industrial and multiple-resi- dential under the proposed ordinance is because of existing situations. Commis- sioner Erickson stated that Subsection a -is more complete in its language stipulating what the buffer `strip is to include and not include. He asked whether the other subsections needed to be augmented. The Secretary answered that the language in Subsections (a) and (b) were essentially a restatement of the existing ordinance language. In the case of Subsections (c) and (d), he said, the maximum buffer requirements have been provided which will not create numerous nonconforming situations. 'Chairman Pierce pointed out that all of the loading docks'in the industrial park are away from the residential area and that -the rear industrial activity was therefore shielded. In response to a question from Commissioner Erickson concerning the zoning of the Outlots, the Secretary stated that no zoning really makes sense for the Outlots. He urged the Commission to make the finding that for zoning and setback purposes, the Outlots should be considered the same as public right-of- way. On the other hand, he stated, if the Planning Commission wants to maintain the 50 foot setback requirement where industrial abuts R4 through R7 at a street line, they should deny the variance and reject or rewrite the proposed ordinance amendment. Commissioner Erickson asked how long it would take to change the City's Ordinance. The Secretary explained that the variance and the site and building plan applications would not-be before the City Council until September 10, 1979. He explained that if the ordinance amendment is recommended, it would also be on the September 10 Council agenda. He explained that an ordinance amendment must receive two readings and that it would then become effective thirty days after date of publication. Commissioner Theis asked how close a multiple residential use could be to a public street line. The Secretary stated that the front setback for multiple residential uses is at least 35 feet from street right -of -way. He added that a setback of 25 feet is required at the side corner. Commissioner Theis commented that industrial and multiple - family residential uses could be,*in a given case, 50 feet plus the amount of public right -of -way, or roughly 110 feet. He stated that this might not be an adequate distance, The Planning Commission then discussed the site and building plans briefly. Chairman Pierce suggested the addition of more trees along 48th Avenue North., He also noted that all sodded areas should be irrigated and that the plan indicate sodding along the east property line of the site as well. Commissioner Theis and Chairman Pierce both suggested that the fence be extended to the east property line. 8 -30 -79 -4- In response to Chairman Pierce, the Superintendent of Engineering stated that the ponding area in front of the Cass Screw plant has no real function and X " should be modified on the site plan. ACTION RECOMMENDING THAT THE CITY COUNCIL MAKE CERTAIN FINDINGS REGARDING OUTLOTS 1 THROUGH 7, RYAN LAKE TERRACE ADDITION Motion by Commissioner Erickson seconded by Commissioner Hawes to recommend that the City Council make the following findings concerning Outlots 1 through 7 of Ryan Lake Terrace Addition: 1. That the Rl zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 2. That the intent of the Outlots is to limit, or prevent, access from the industrially zoned property onto 47th Avenue North. 3. That for setback purposes, the Outlots should be considered to be what they would be used for under normal circumstances, namely, public right -of -way. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 79053 Motion by Commissioner Erickson seconded by Commissioner Manson to recommend denial of Application No. 79053, a request for a variance from Section 35 -413 regarding buffer requirements on the grounds that the Standards for a Variance contained in the Zoning Ordinance are not met. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING ADOPTION OF ORDINANCE REGARDING SPECIAL REQUIREMENTS IN I -1 AND I -2 DISTRICTS Commissioner Hawes inquired whether the setback requirement. for parking lots should be included in the ordinance amendment. Chairman Pierce stated that he considered that the setback for parking lots should be at least 15 feet where industrial uses abut multiple- residential uses (R4 through R7). - Motion by Commissioner Manson seconded by Commissioner Malecki to recommend adoption of an Ordinance Amending Chapter 35 Regarding Special Requirements in I -1 and I -2 Districts with an amendment to the draft version submitted to the Planning Commission, including a requirement of A 15 foot setba for parking lots serving industrial uses which abut multiple residential uses (R4 through R7) at a property line. Voting in favor: Chairman Pierce, Commi ssigners Malecki, Hawes, Manson, Lucht and Erickson. Voting against: Commissioner Theis. The motion passed. Commissioner Theis stated that he opposed the amendment as presently written because a 25 foot setback from street right -of -way might not be an adequate buffer in some cases. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79052 (Cass Screw Company) Motion by Commissioner Erickson seconded by Commissioner Malecki to recommend approval of Application No. 79052 submitted by Cass Screw for site and building plan approval subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 8 -30 -79 -5- 2. Grading, drainage, and utility plans are subject to review .' and approval by the City Engineer prigr to the issuance of permits. The holding pond indicated on the plans for the southwest corner of the site will be modified or eliminated subject to the review and approval of the City Engineer. 3. A Performance Agreement and supporting financial guarantee he i Manager) shall be a amount determined b t City i n n u to be m� ne t Y Y 9 submitted to assure completion of approved site improvements,. 4. The building shall be equipped with an automatic fire ex- tinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. All outside trash disposal and /or rooftop mechanical equipment shall be appropriately screened from view: 6. B -612 curb and gutter shall be provided around all driving and parking areas, 7. An underground irrigation system shall be provided in all landscaped areas to facilitate site maintenance. Irrigation and sodding shall be provided along the east portion of the site and the trees similar to those along France Avenue shall be continued along 48th Avenue North. 8. The 8 foot high fence indicated along the south edge of the parking lot shall be extended to the east property line. 9. Plan approval is contingent upon the adoption of an. Ordinance amendment regarding buffers between industrial and multiple family residential districts Building permits will not be issued until that amendment i,s effective. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson. Voting against none. The motion passed unanimously. Mr. Greenwald then discussed with the Planning Commission and the Secretary, the timetable for approval of the site and building plan the City Council He also stated that he intends to keep his business in Brooklyn Center, even though the prime rate is 1221 and thanked the Commission for being responsive to hi needs. RECESS The Planning Commission recessed at 9:20 p.m. and resumed at 9:41 p.m. 8 -30 -79 -6- CITY OF BROOKLYN CENTER ORDINANCE NO. 79- AN ORDINANCE AMENDING CHAPTER 35 REGARDING SPECIAL REQUIREMENTS IN I -1 and I -2 DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -413 of the City Ordinances of the City of r l B ook yn Center is hereby mended b the .deletion of the following: y Y [1. Buffer and setback Where a proposed I -1 or I -2 development abuts an R1, R2, or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip of not less than 100 feet in width. The protective strip shall not be used for parking, driveways, offstreet loading or storage and shall be landscaped. The landscape treatment shall contain an opaque fence or wall shich shall not extend within 10 feet of any street right -of -way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the industrial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or walla [Where a proposed I -1 or I -2 development faces any residential district (R1 through R7) across a street, buffer provisions shall be established consisting of a protective strip along said street . The protective strip shall be no less than 50 feet in width, shall contain no structures, shall not be used for parking, offstreet loading, storage, or any other activity, and shall be landscaped. Activity areas shall be effectively screened from view of the - residential district in a manner to be approved oy the City Council.] Section 2. Section 35 -413 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: 1. Buffer and setback Where a proposed 1 -1 or I -2 development abuts any residential district (RI through R7) either at a property line or — a ---- pub Tic street line, b uffer provisions s all e established according to the following: a. Where I -1 or I -2 abuts R1 , R2, or R3, at a property line, the protective strip shall be no less than 100 feet in width. The protective strip shall not be used or parking, driveways, off-street loadin or story e and shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right -of -way. The fence or wa esi gn must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the industrial area. The fence or wall shall be eight feet in g t. The protective strip shall contain no structures other than the approved fence or wall. ORDINANCE NO. 79- b. Where I -1 L -2 abuts R1, R2, or R3 at a public street line, the protective buffer strip shall be no less than 50 feet in width, shall contain no strucures other than screening devices, shall not be used for parking, off- street loading, storage, or any other industrial activity, and shall be landscaped. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. c. Where I -1 or I -2 abuts R4, R5, R6 or R7 at-a property line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for off - street loading storage or any other industrial activity, and shall be landscaped. Parking may be permitted in the buffer strip provided it does not extend to within 15 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. d. Where I -1 or I -2 abuts R4, R5, R6, or R7 at a public street line, the protective buffer strip shall be no less than 25 eet in width, shall contain no structures other than screening devices, shall not be used for parking, off - street loading, storage, or any other industrial activity, and shall be landscaped. The activity areas shall be effectively screened from view of the residential district in a manner to be approved by the-City Council. Section 3. 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 ratter to be deleted, underline indicates new matter.) d CITY OF BIZOOKLYN CENTER ORDINANCE NO. AN ORDINANCE VACATING AN ALLEY LYING BEITW= EMERSON AND FREMOW AVENUES NORTH BErI'W= 56th AND 57th AVIIRM NORTH THE CITY COUNCIL OF THE CITY OF BRDOKLYN CATER DOES ORDAIN AS FOLLCJWS: Section 1: The alley bounded by the north right of way line of 56th Avenue North; the south right of way line of 57th Avenue North; and the west line of Lots 6 through 10 and the east line of Lots 1 through 5 Block 2, Reidhead's Addition, is hereby vacated as a public alley Section 2: The City excepts from vacation of the aforementioned alley, and reserves to itself and its assigns, an easement for public utilities and drainage purposes on, over, and under the easterly seven (7 feet of the above described property Section 3: This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of . . 1979. Mayor ATTEST: Clerk Published in the Official Newspaper Effective Date i i CITY , OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 Bi LY TELEPHONE 561 -5440 EMERGENCY- POLICE -FIRE C EiN " 561 -5720 TO: Property Owners abutting the alley between Dnerson and Fremont Avenues North between 56th and 57th Avenues North Dear Property Owner: This letter is to inform you that we have investigated Your petition regarding vacation of the referenced alley. You will be pleased to know that an ordinance requesting vacation of that alley will be put forth to the City Council at the Septanber 10 Council meting. Rough draft of said ordinance is enclosed. In order to vacate this alley, however, certain utility easements must be retained. Enclosed is a sketch denoting the area over which a utility easement will remain in force. Provisions of such an easement are such that no structures my be constructed upon said easement. Any structures so constructed, should they need to be reimved for maintenance or other purposes, could have to be replaced at the expense of the property owner. rfhe'lard itself will revert to the Per'ty ro owners abutting the alley when the P ordinance takes effect. It will be distributed equally, in accordance with current property lines, such that each side of the alley will receive one -half or seven feet of the fourteen foot alley right -of -way. At the time the property reverts to private ownership, it becomes the property owner's responsibility to maintain said land. Should you have any questions in regard to the proposed action, please feel free to contact me at 561 -5440. Alternately, you my wish to address the City Council on the matter when it is taken up at the September 10 meeting. Very truly yours. / . James M. Noska, P. . Supt. of Engineering ab Encl. .56#ffakw�1 V1 ale ..... . �° :......... o ... .. " 0 F:REI ION' AVENUE : N. ::.:::::.::: . 5604. 5.620 5650 �.. .. ... .... _ ... _ . .. �: .... rrl .. ""�. _.. C3 ` ... J .. .. . K� .. .. ....... EMERSON AVENUE NQ Sheet 1 of 2 sheets t ALLEY IMPROVEMENT PETITION CITY OF BROOKLYN CENTER Date: July 12, 1979 TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: We, the undersigned, owners of not less than in frontage of real property abutting on the following named alley, hereby petition 7�?fhiigi,�'IiC?.�:b?rP1 �e,i11 t3pl r r�}�S t ���� a va ate an. he rouert revert to abutting landowners. q t The estimated cost is believed to be within the following: Additional Estimated Assessment Range per Front Foot Right -of -way Estimated Assessment Range F'O t o f rivewa Widt f D ' Width per assessable _ Does not apply. vacated The alley petitioned to be Y.f::1`1W1'*d is: b etween .. Emerson Ave. N. and Fremont Ave . N. , from 5 6th Ave N. to 57th Ave. N. ; y- NAME ADD RESS LEGAL DESCRIPTION - f L I 2, J1 �v 3. 4. 6. 5� T ?� �, I_ �� - ;; l �a c I t s /J 12. .. 13. 17. � i 18 a Gry.�t��► ..- h .� S' �� i � z . • * — b 19. /;r Alo' OPPOSE Date: J uly 12, 1979 TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: THIS IS TO ACKNOWLEDGE THAT WE, the undersigned, owners of real prop- erty abutting the following named streets, have had opportunity to examine the attached petitions and explanatory literature for improve- ments on certain streets as outlined below, and HAVE ELECTED NOT TO SIGN THE ABOVE ME.NLTIONED PETITIONS. IMPROVEMENTS: Vacation of a11Pv hQtuleen F.mersnn AMR N an Fremont Ave, N. from 56th Ave. N. to 57th Ave. N. LOCATION: NAME ADDRESS LEGAL DESCRIPTION 1. 2 3. 4. 5. 6. 7. 8. 9 . 10. 11. 12. 13. 14. 15. 16. 18. 19. , 20, CITY OF 6301 SHINGLE CREEK PARKWAY B ROOK LYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 ENTER C EMERGENCY- POLICE -FIRE 561 -5720 7 September, 1979 .. J -- Dear Property Owner: 4. The enclosed official notice is intended to advise you of a special assessment hear- ing which dill be conducted by the City Council at the time and place indicated. The notice relates to a specific improvement project previously authorized by the City Council, which has been, or is in the process of being ccnPleted. State statutes provide that such a hearing be held prior to certifying the irprove- ment assessment costs to Hennepin County for collection over succeedirxj years. The purpose of the hearing is generally to advise the affected property owners of the final ir.pnrovement costs. The interest policy as related to special assessmen is explained as follows: 1) If an assessment is paid by October 25, 1979, no interest vvrill be charged. 2) If an assessmext is paid after October 25, 1979, but before November ,15, 1979, interest will be charged from October 1, 1979 to the date of payment. The November 15th prepayment deadline was enacted by the 1969 State Legislature. 3) If an assessment is not paid by Tbvember 15, 1979, the yearly principal and interest for October through December, 1979 and'all of 1980 is added to the tax _rolls. 4) The current interest rate is 8.0 %. If there are any questions related to the improvement construction process, it is suer gested that you bring it to the attention of the City Engineering Office at 561 - 5440. Sincerely, :3 Director of "Public (Forks cb Encls. "�J(e $oticetlu y �2 one �� „ CITY OF BRDOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn-Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSMENT HEARING ON: ALLEY IMPS 1977 -13 NarICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any to the proposed assessmrents for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. ALLEY IMPROVEMENT 1977 -13 Alley paving between James and Knox Avenues North from 53rd Avenue to 54th Avenue North. It is proposed to assess all lots and parcels abutting the above described alleys and/or to be benefited by it at a rate of $5.198 per foot for 14' right of way and $6.372 per foot for 30' right of way plus $0.379 per square yard for new driveways in accordance with Resolution 75 -89, UNTFORA ALLEY DIPROVEMMT POLICY. Assessments will be payable in 10 annual installrmnts with interest at 8.0% on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall fran Septenber'25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax roils by the Henne- pin County Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: NSA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whom it would be a hardship to mske the payments. BY ORDER OF THE CITY COUNCIL. ALLEN S. LIN1 W CITY CUM Amount to be Assessed: PIN #: CITY CP BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSFSSY0 HEARING ON STF= SURFACING IMPROVEMENT 1977 -19 NO'T'ICE IS HEREBS' GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. STREET SURFACING IlMPROVEMER r 1977 -19 Street Surfacing on Lyndale Avenue North from the centerline of 59th Avenue North to 185 feet north of the centerline of 61st Avenue North. It is proposed to assess all lots and parcels abutting the above described streets and /or to be benefited by it at a rate of $7.251/ft, plus cost for new driveways. Assessments will be payable in 7 annual installnents with interest at 8.00 on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25, 1979 without interest cost: If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Hennepin Oounty Director of Finance. The unpaid principal maybe paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assess- ments for homestead property to persons 65 years of age or older for whom it would be a hardship to make "the payments. BY ORDER OF THE CITY COLNCIL. ALLEN S. LINDMAN CITY CLM Amount to be Assessed: PIN #. CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center; Minnesota 55430 NOTICE OF SPECIAL ASSESS 09T HEARING CN: CURB AND `GUTTER IMPROVEMENT 1977 -20 NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all "objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City' Clerk and open to public inspection. CURB AND GUPTER IMPROMEW 1977 -20 Curb and otter on Lyndale Avenue North from the centerline of 59th Avenue North to the centerline of 62nd Avenue North. It is proposed to assess all lots and parcels abutting the above described streets and/or to be benefited by it at a rate of $6.123/ft. Assessments will be payable in 10 annual installments with interest at 8.0% on the unpaid balance, the first.year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25 1979, but'before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Henne- pin County Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to digtrict court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN` HARDSHIP TAX DEFERRAL: MSA 435.193 penttis deferral of special assessments for homestead property to perms 65 years of age or older for whom it vould be a hardship to make the payments. BY ORDER OF THE CITY OOUNCIL. ALLEN S. MMT VkN CITY CLERK Amount to be Assessed: i PIN #: + CI'T'Y OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSFSSNSENT HEARING ON ALLEY IMPROVEMENT 1977 - NOTICE IS B=Y GIVEN that the City Council of the City of Brooklyn, Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. ALLEY EY IN PROVEMENT 1977 -22 A11ey paving between Twin Lake Avenue and Lakeview Avenue from Lakebreeze Avenue North northerly approximately 340 feet. It is proposed to assess all lots and rcels the above described alleys Pa abutting and/or to be benefited by it at a rate of $4.800 per foot for 10' wide pavement and $11.068 per foot for 24' wide pavement plus $0.5517/sq. yd, for driveways in accordance with Resolution 75 -89, UNIFORM ALLEY IlAPROVEMENT POLICY. Assessments will be payable in 10 annual installments with interest at 8.0% on the unpaid balance, the first year bearing 15 months interest.' Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25 ug ber , 1979 without interest. cost.. If paid. after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of t. Fayl� On November 16, 1979, the first installment is placed on the tax rolls by the Henne in County Director of 'F' F inan ce. The be paid on an l at an P �' unpaid principal `may pai y levy y time during the life of the levy. An owner may appeal an assessment to district court pursuant. to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city Within 20 days after the adoption of the assessment and filing such notice with the district court, within ten'days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: NSA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. BY ORDER OF THE CITY COUNCIL. ALLEN S. LINDMAN CITY CLERK Amount to be Assessed: PIN #; CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway ' Brooklyn Center, Minnesota 55430 NOTICE - OF SPECIAL ASSESSMENT HEARING ON: WATER MAIN IMTROVEMENT 1978 -4 NOTICE IS HERMY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Nbnday, September 24, 1979, at 8:00 p.m:, to hear and pass upon all objections, if any, to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. WATER MAIN IWROVIIMENT 1978 -4 Water main beginning 5 feet north of the City limits of Brooklyn Center at an existing water main 3n Brooklyn Park approximately 210 feet west of the Brooklyn Boulevard (T.H. 152) right -of -way; thence east along the City limits to Brooklyn Boulevard; thence southeasterly approximately 165 feet along the southwest edge of said right-of-way; thence across Brooklyn Boulevard to a point approximately 55 feet south of the City limits on the northeast right-of-way line of Brooklyn Boulevard. It is proposed to assess the following parcels abutting said improvement. The amounts shown determined per agreement. PIN Plat Amount 28- 119 -21 -41 -0204 00067 $13,752.47 28- 119 -21 -41 -0001 89101 421.62 28- 119 -21 -41 -0002 89101 3,481.79 Assessments will be payable in 20 annual installments with interest at 8.0% on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Hennepin Oounty Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assess vents for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. BY ORDER OF THE CITY ODUNCIL. ALLEN S. LIM CITY CLERK Amount to be Assessed: PIN #: CITY CF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NC7I'ICE CF SPECIAL ASSESSMENT' HEARING ON: SANITARY SEWER UIPROVEMFNr 1978 -5 NO'T'ICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any, to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. SANITARY SEWER EAPROVEMENT 1978 =5 Sanitary sewer beginning 15 feet north of the City limits of Brooklyn Center at an existing sanitary sewer manhole approxumtely 204 feet west of the Brooklyn Boulevard (T.H. 152) right-of-way; thence east along the City limits to Brooklyn Boulevard; thence southeasterly approximately 160 feet along the southwest edge of said right -of -way; thence across Brooklyn Boulevard to a point approximately 44 feet south of the City limits on the northeast right- of-way line of Brooklyn Boulevard. It is proposed to assess the following parcels abutting said improvement. The amounts shown determined per agreement. PIN Plat Amount 28- 119 -21 -41 -0204 VOO67 $19,724.35' 28- 119 -21 -41 -0001 89101 $ 644.20 28- 119 -21 -41 -0002 89101 $ 5,319.89 Assessments will be payable in 20 annual installments with interest at 8.0% on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from - September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged frcan October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Hennepin Cbunty Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district'eourt within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of Epecial assess - nmts for homestead property to persons 65 years of age or older for wham it would be a hardship to make the payments. BY ORDER OF THE CITY OOUNCIL. ALIT S. LINDMAN Amount to be Assessed: QTY CLERK PIN #: CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSMENT HEARING ON: ALLEY DIPROVEMENT 1978 -7 NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to bear and pass upon all objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. ALLEY IMPROVEMENT 1978 -7 Alley paving between Humboldt Avenue North and Irving Avenue North from 53rd Avenue to 54th Avenue. It is proposed to assess all lots and parcels abutting the above described alleys and/or to be benefited by it at a rate of $8.694 per foot for 14' right of way and $9.493 per foot for 30' right of way, plus $0.115 per square yard for new driveways in accordance with Resolution 75 -89, UNIFORM ALLEY IMPROVEMENT POLICY. Assessments will be payable in 10 annual installments with interest at 8.0% on the unpaid balance, the first year bearing 15 imnths interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Henne - pin County Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. BY ORDER CAF THE CITY COUNCIL. ALLEN S. LINDMAN CITY CLERK Amunt to be Assessed: PIN #: CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSMENT HEARING ON: STREET' SURFACING IMPROVIINEW 1978 -20 NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24,.1979, at 8:00 p.m., to hear and pass upon all objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. STREET SURFACING IMPROVEMENT 1978 -20 Street grading, base. and surfacing on Irving Avenue forth from approxi- mately 155 feet south of 70th Avenue North to proposed Irving Lane; and proposed Irving Lane from approximately 738 feet east of Logan Avenue North to Irving Avenue North. It is proposed to assess all lots and parcels abutting the above described streets and,/or to be benefited by it at a rate of $12.218/ft. Assessments will be payable in 7 annual installments with interest at 8.00 on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be nade at the City Hall frcm September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979,.daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Hennepin Cbunty Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessmmnt to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the meyor or clerk. SENICR CITIZEN HARDSHIP TAX DEFERRAL: YEA 435.193 permits deferral of special assess- ments for homestead property of persons 65 years of age or older for whom it would be a hardship to make the payments. BY ORDER OF THE CITY OOUNCIL. ALLOT S. LINIDM I CITY CLERK Amount to be Assessed: PIN #: CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway . Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSMENT HEARING ON: WATER MAIN EAPROVEMENT 1978 -21 NOTICE IS BEF= GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any, to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. %XTER MAIN Il4PROVE 4wr 1978 -21 Water main on Aldrich Avenue North from 68th Avenue North northerly approximately 340 feet. It is proposed to assess all lots and parcels abutting the above described streets and/or to be benefited by it at a rate of $1,418.00 per unit including service costs. Assessments will be payable in 20 annual installments with interest at 8.0% on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged fxcm October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Hennepin County Director of Finance. The unpaid principal may be paid on any levy at any tines during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assess- ments for homestead property to perms 65 years of age or older for whom it would be a hardship to make the payments. BY ORDER OF THE CITY COUNCIL. ALLEN S. LINDNAN CITY CLERK Amount to be Assessed: PIN #: CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSMENT HEARING CN SANITARY SEWER IMPROVEMENT 1978 -22 NdI'ICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Centex will meet at the City Hall, 6301 Shingle Creek Parkway, on Nbnday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. SANITARY SOWER, IMPROVEMENT 1978 -22 Sanitary sewer on Aldrich Avenue North from 68th Avenue North northerly approximately 330 feet. It is proposed to assess all lots and parcels abutting the above described streets and/or to be benefited by it at a rate of $901.01 /unit including service costs. Assessments will be payable in 20 annual installments with interest at 8.0% on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall fran September 25, 1979 through October 25,1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Hennepin County Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes secticn 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assess- ments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. BY ORDER OF THE CITY COUNCIL. ALLEN S. LIND!WI CITY CLERK K Amount to be Assessed: PIN #: CITY OF BROOKLYN CENTER ...- .6301. Shingle Creek Parkway ' Brooklyn Center; Minnesota 55430 NOTICE OF SPECIAL ASSESSMM HEARING ON: . STORM SEWER IMPROVEM NT 1978 -23 NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. STORA SEWER IMPROVEMR9 3978-23 Storm sewer on Aldrich Avenue North from 68th Avenue North northerly approximately 160 feet. It is proposed to assess all that part of Section 36, T. 119, R. 21, Hennepin County, r?innesot.a, bounded on the east by the east line of Swanco Terrace Addition; bounded on the south by a line 80 feet northerly and parallel with the centerline of 68th Avenue North; and bounded on the west by the west line of Gunderson's Addition; and bounded on the north by a line 168 feet southerly and parallel with the centerline of 69th Avenue North at a rate of $2.320/100 square feet. Assessments will be payable in 20 annual installments with interest at 8.0% on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall fern September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Hennepin Oounty Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the rayor clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within-ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: NBA 435.193 permits deferral of special assess- ments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. BY ORDER OF THE CITY COUNCIL. ALLEN ' S. ' LINDYAN CITY CLERK Amount to be Assessed: PIN #: CITY OF BROOKLYN CENTER, 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSMENT BLARING CN: STREET SURFACING IMPROVEMENT 1978 -24 NOTICE IS HEPZBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8 :00 p.m., to hear and pass upon all objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. STREET SURFACING INPI WEDgM 1978 -24 Street grading, base and surfacing on Aldrich Avenue North from 68th Avenue North'northerly approximately 340 feet to cul-de -sac. It is proposed to assess all lots and , pr po parcels abutting the aboVe described streets and/or to be benefited by it at a rate of $18.445 per front foot. I Assessments will be payable in 7 annual installments with interest at 8.0% on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be nude at the City Hall frorniSeptember 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Henne- pin County Director of Finance. The unpaid principal nay be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: NSA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whoa! it would be a hardship to make the payments. BY ORDER OF THE CITY COUNCIL. ALLEN S. LINDMAN CITY Amount to be Assessed: PIN #: CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway ' Brooklyn Center; Minnesota 55430 NOTICE OF SPECIAL ASSESSPENT HEARING CN: CURB AND CUTTER IMPROVEM 7T 1978 -28 NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any to the proposed, assessments for the above improvemnt. These assessments are now on file in the office of the City Clerk and open to public inspection. CURB AND C LVM IMPROVEMW 1978 -28 Curb and gutter on proposed James Circle from Freeway Boulevard southerly approximately 570 feet to cul-de -sac. It is proposed to assess all property lying north of F.A.I. 94'bounded on the north by County Road 130, on the west by the west line of Section 35, T. 119, R. 21, and on the east by the following described line: Com eming at the northeast Corner of Outlot A, Twin Cities Interchange Park, thence southerly on the easterly line of said Outlot A to the southeast corner of said Outlot A, thence southerly to the northwest corner of Lot 1, Block 1, Twin Cities .Interchange Park, thence southerly n the westerly line f Y y o said lot 1, to the northerly right -of -way line of 65th Avenue North, thence easterly on the north right -of -way line of 65th Avenue North to Humboldt Avenue North, thence southerly along the westerly right -of -way line of Humboldt Avenue North to F.A.I. 94 and there terminating; and except for Tracts B, C, and D of R.L.S. No. 1274 at a rate of $35.1594 per acre. ' Driveway cost of $2,736.77 is to be assessed to Tract F, Registered Land Survey No. 1482. Assessments will be payable in 15 Dual installments with interest at 8.0% on the Unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Henne- pin County Director of Finance. The unpaid princical may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after Service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MA 435.193 permits deferral of special assessments for homestead property to persons 65 years of axle or older for whom it would be a hardship to make the payments. BY ORDER OF THE CITY COUNCIL. A L11M S. LINDMAN, CI'T'Y CLERK Amount to be Assessed: PIN #: CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSMENT HEARING ON: WATER MUN IMPROVEMENT 1978 -31 NOTICE IS FAY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any, to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. WATER NAIN IMPRDVEMENT 1978 -31 Trunk water main in proposed Unity Avenue North (Outlot A, The Ponds) from 940 feet north of the centerline of 69th Avenue North northerly approxi= mately 1,300 feet. It is proposed to assess Outlots C through I, The Ponds at a rate of $14.46 per assessable foot and $4.46 per 100 square feet, plus the cost of services installed. Assessments will be payable in 20 annual installments with interest at 8.00 on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Hennepin Oatmty Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district Court within ten days after service upon the mayor or clerk. i SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 rmits deferral of pe special assess - malts for homestead property to persons 65 years of age or older for whan it would be a hardship to make the payments, BY ORDER OF THE CITY COUNCIL. ALLEN S. LINDMAN CITY CLERK P. LN. # Pro Amount to be Assessed: 28- 119 -21 -42 -0005 OL E, The Ponds $22,385.41 28- 119 -21 -42 -0006 OL F, The Ponds 14,666.27 28- 119 -21 -42 -0007 OL G, The Ponds 1,590,83 28- 119 -21 -42 -0008 OL H, The Ponds 15,368.47 28- 119 -21 -43 -0070 OL C, The Ponds 8,932.60 28- 119 -21 -43 -0071 OL D, The Ponds ,13,493.30 28- 119 -21.-43 -0072 OL I, The Ponds 16,182.99 Total $92,619.87 CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSM 1T HEARING ON: PUBLIC UTILITIES WATER HOOKUPS NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Nbnday, September 24, 1979, at 8:00 p.m., to hear and pass upon all objections, if any, to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. Water hookups to existing mains are assessed at $1,564.00 per single family residential building site less a service cost of $366.82 where no service was installed. Assessments will be payable in 20 annual installments with interest at 8.0o on the unpaid balance, the first year bearing 15 months interest.° Prepayment of an assessment may be made at the City Hall from September 25, 1979, through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Herine pin County Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner nay appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MBA 435.193 permits deferral of special assess- ment for .homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. BY ORDER OF THE CITY COUNCIL. AL LEN S. LINDMAN • CITY CLERK Amount to be Assessed: PIN #: CITY OF BRDOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSMTr HEARING ON: PUBLIC UTILITIES WATER HOOKUPS NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8 :00 p.m., to hear and pass upon all objections, if any, to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. Water Hookups to existing mains are assessed at $490.00 per single family residential building site where services were previously installed. Assessments will be payable in 20 annual installments with interest at 8.00 on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979, through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is charged from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Henne- pin County Director of Finance. The unpaid principal nay be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX. DEFERRAL: MSA 435.193 permits deferral of special assess- meet for homestead property to persons 65 years of age or older for whom it would be a hardship to make the Payments BY ORDER OF THE CITY COUNCIL. ALLEN S. LINDMAN CITY CLERK Amount to be Assessed: PIN #: r CITY CF BROOKLYN CENTER 6301 Shingle Creek Parkway Bnmoklyn Center, Minnesota 55430 NOTICE OF SPECIAL ASSESSME172 HEARING ON: PUBLIC UTILITIES WATER HOOKUPS NCTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 24, 1979, at 8:00 p.m. to hear and,pass upon all objections, if any to the proposed assessments for the above improvement. These assessments are now on file in the office of the City Clerk and open to public inspection. Water Hookups to existing mains are assessed at $15.95 per foot and $4.92 per 100 square feet. Assessments will be payable in 15 annual installments with interest at $.0% on the unpaid balance, the first year bearing 15 months interest. Prepayment of an assessment may be made at the City Hall from September 25, 1979 through October 25, 1979 without interest cost. If paid after October 25, 1979, but before November 15, 1979, daily interest is changed from October 1, 1979 to date of payment. On November 16, 1979, the first installment is placed on the tax rolls by the Henne- pin County Director of Finance. The unpaid principal may be paid on any levy at any time during the life of the levy. An owner may appeal an assessment to district court pursuant to Minnesota Statutes section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: NSA 435.193 permits deferral of special assess- ments for homestead property to persons 65 years of age or older for whore it viould be a hardship to make the payments. BY ORDER OF THE CITY 0OUNCIL. A LLEN S. LINDNAN CITY CLERK Amount to be Assessed: PIN #z NOTICE OF PUBLIC HEARING ON ASSESSMENTS FOR WATER NAIN IMPRDVII= 1978 -4, 1978 -21, and 1978 -31, AND SANITARY SEATER IMPROVEMENT 1978 -5, and 1978 -22, AND STORM SEWER IMPROVO4ENT 1978 -23, 1978 -32, and 1978 -35, AND STREET SURFACING IMPROVEMENT 1977 -19, 1978 -20, and 1978 -24, AND ALLEY IMPRDVEMENT 1977 -13, 1977 -22, and 1978 -7, AND CURB AND GUTTER IMPRDVIIMEN'r 1977 -20 and 1978 -28, AND PUBLIC UTILITIES WATER HOOKUPS. CITY OF BROOKLYN CENTER Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet at the City in said City on Nbnda the Hall at 6301 Shingle Creek Parkway , Y 9 Y Y Y 24th day of September, 1979, at 8:00 p.m., central daylight time, to pass upon the proposed assessments for certain improvements hereinafter enumerated,which assessments are now on file with the City Clerk and open to public inspection. Written or oral objection to said assessments will be considered. The improvements consist of: CONSTRUCTION OF WATER MAIN 1978 -4 - Water main beginning 5 feet north of the City limits of Brooklyn Center at an existing water main in Brooklyn Park approximately 210 feet west of the Brooklyn Boulevard (T.H. 152) right -of -way; thence east along the City limits to Brooklyn Boulevard; thence southeasterly approximately tel Yn Y PP Y 165 feet along the southwest edge of said right -of- way; thence across Brooklyn Boulevard to a point approximately 55 feet south of.the City limits on the northeast right-of-way line of Brooklyn Boulevard at an estimated cost of . . . . . . . . . . . . . . . . . . . . $17,655.88 . 1978 -21 _ Water main on Aldrich Avenue North from 68th Avenue North northerly approximately 340 feet at an estimated cost of . . $ 8,839.32 1978 -31 - Trunk water main in proposed Unity Avenue North (Outlot A, The Ponds) from. 940 feet north of the centerline of 69th Avenue North northerly approxi- mately 1,300 feet at an estimated cast of . . $93,750.24 It is proposed to assess all lots and parcels abutting the above described streets and/or to be benefited by the inprovements. CONSTRUCTION OF SANITARY SEWER 1978 -5 - Sanitary sewer beginning 15 feet north of the City limits of Brooklyn Center at an existing sanitary seer manhole approximately 204 feet west of the Brooklyn Boulevard (T.H. 152) right -of -way; thence east along the City limits to Brooklyn Boulevard; thence southeasterly approximately 160 feet along the southwest edge of said right-of-way; thence across Brooklyn Boule- vard to a point approximately 44 feet south of the City limits on the north east right-of-way line of Brooklyn Boulevard at an estimated cost of . . . . . . . . . . . . . . . . . . . . ... $25,688.44 1978 -22 _ Sanitary sewer on Aldrich Avenue North from 68th Avenue North northerly approximately 330 feet at an estimated cost of . $ 6,307.05 It is proposed to assess all lots and parcels abutting the above described streets and/or to be benefited by the improvements. 0ONSTRUCTION OF STORM SDIER 1978 -23 - Storm sower on Aldrich Avenue North from 68th Avenue North northerly approximately 160 feet at an estimated cost of . . . $ 4,199.64 It is proposed to assess all that part of Section 36, T. 119, R. 21, Hennepin County, Minnesota., bounded on the east by the east line of Swanco Terrace Addition; bounded on the south by a line 80 feet northerly and parallel with the centerline of 68th Avenue North; and bounded on the west by the west line of Gunderson's Addition; and bounded on the north by a line 168 feet southerly and parallel with the centerline of 69th Avenue North. 1978 -32 - Storm sewer in proposed Unity Avenue North from a point approximately 1,270 feet north of 69th Avenue North running northwesterly approximately 130 feet in Unity Avenue Circle; thence northerly on an easement a distance of approximately 150 feet at an estimated cost of . . . . . . . . . $10,810.63 1978 -35 Storm sewer alongproposed Unity Avenue North from the westerly extension of the south line of Outlot F, The Ponds, northerly approximately 400 feet at an estimated cost of . . . . . . . . . . . . . . $19,725.64 It is proposed to assess all lots and parcels abutting the above described streets and/or to be benefited by the improvements. CONSTRUCTION OF STREET SURFACING 1977 -19 Street Surfacing on Lyndale Avenue North from the centerline of 59th Avenue North to 185 feet north of the centerline of 61st Avenue North at an estimated cost of . . . . . . . . . . . . . $11,561.14 1978 -20 Street grading, base and surfacing on Irving Avenue North from approximately 155 feet south of 70th Avenue North to proposed Irving Lane; and proposed Irving Lane from approximately 738 feet east of Iogan Avenue North to Irving Avenue North at an estimated cost of . . . . . $ 8,866.13 1978 -24 - Street grading, base and surfacing on Aldrich Avenue North from 68th Avenue North northerly approximately 340 feet to cul-de -sac at an estimated cost of. . . . . . . . . . . . . . .. . $13,616.64 It is proposed to assess all lots and parcels abutting the above described streets and/ or to be benefited by the improvements. CONSTRUCTION OF ALLEY 1977 -13 - Alley paving between James and Knox Avenues North from 53rd Avenue to 54th Avenue North at an estimated cost of . . . . . $ 6,997.35 1977 -22 - Alley paving between Twin Lake Avenue and Lakeview Avenue from Lakebreeze Avenue North northerly approximately 340 feet at an estimated cost of . . . . . . . . . . . . . . $ 4,316.30 1978 -7 - Alley paving between Humboldt Avenue North and Irving Avenue North from 53rd Avenue to 54th Avenue at an estimated cost of . . . $10,952.22 i proposed to assess all lots and parcels abutting the above described streets 'or to be benefited by the improvements. WNSTRUCTION OF CURB AMID GUTTER 1977 -20 - Curb and gutter on Lyndale Avenue North fran the centerline of 59th Avenue North to the centerline of 62nd Avenue North at an estimated cost of . . . . . . . . . . . . . . . . . $8,680.62 It is proposed to assess all lots and parcels abutting the above described streets and. /or to be benefited by the improvements. 1978 -28 - Curb and gutter on proposed James Circle from Freeway Boulevard southerly approx imately 570 feet to cul -de -sac at an estimated cost of $7,718.20 It is proposed to assess all property lying north of F.A.I. 94 bounded on the north by ( bunty Road 130, on the west by the west line of Section 35, T. 119, R. 21, and on the east by the following described line: Comnencing at the northeast corner of Outlot A, Twin Cities Interchange Park, thence southerly on the easterly line of said Outlot A to the south - east corner of said Outlot A, thence southerly to the northwest corner of Trot 1, Block 1, Twin Cities Interchange Park, thence southerly on the westerly line of said Lot 1, to the northerly right -of -way line of 65th Avenue North, thence easterly on the north right-of way line of 65th Avenue North to'Hutnboldt Avenue North, thence southerly along the wes- terly right -of -way line of Humboldt Avenue North to F.A.I. 94 and there terminating; and except for Tracts B, C, and D of R.L.S. No. 1274. PUBLIC UTILITIES WATER HOOKUPS Plat 89370, PIN #: 34- 119 -21 -42 0003 Iot 1, Block 2, Fair Meadow Addition . . . . . . . . . . . 490.00 Plat 89440, PIN #: 03- 118 -21 -12 0008 Lots 1 UTx 6ugh 6, Block 5, Hipp's 3rd Addition . . . . . . . . . .3,720.09 Plat 00261, PIN #: 35 -119 -21-42 0003 Trot A, R.L.S. No. . . . . . . . . . . . . . . . . .2,424.40 Plat 89475, PIN #: 02- 118 -21 -43 0050 Lot 11, Block 5, Humbolt Addition . . . . . . . . . . . . . .1,197.18 Plat 89103, PIN #: 02- 118 -21 -24 -0009 Plat 89103, Parcel 2801; Plat 89103, Parcel 4310; and that part of Penn Avenue (vacated) which extends from County Road lb. 10 to the north line (extended) of Plat 89103, Parcel 3801. . . . . .6,461.34 Plat 90068, PIN #: 35- 119 -21 -22 0002 Tract D, H, I, and L of R.L.S. 1499. . . . . . . . . . . . . . .6,530.72 �I -4- SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. THIS ASSESSMENT MY BE APPEALED to district court, pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 20 days after adoption of the assessment and filing such notice with the district court within 10 days after service upon the Mayor or City Clerk. BY ORDER OF THE CITY COUNCIL. ALLEN S. LIND AN CITY CLERK DATED: August 30, 1979 (Published inthe Brooklyn Center Post September 6 and 13 1979) NOTICE OF PUBLIC HEARING FOR HAZARD REMOVAL CITY OF BROOKLYN CENTER NOTICE IS HEREBY GIWN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, in said city, on Monday, September 24, 1979, at 8:00 p.rl., central daylight time, to hear objections to the certification of costs of'hazard removal to the Henne- pin County tax rolls. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. THIS ASSESSMENT MAY BE APP EALED to district court, pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 20 days after adoption of the assessment and filing such notice with the district court within 10 days after service upon the Mayor or City Clerk. BY ORDER OF THE CI'T'Y COUNCIL ALLEN S. LINDMAN CITY CLERK Dated: August.30 , 1979 (Published in the Brooklyn Center Post September 6 and 13, 1979 NC)TICE OF PUBLIC HEARING FOR WEED DESTRUCTION CITY OF BF4=YN CENTER NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, in said city, on Mnday, September 24, 1979, at 8:00 p.m., central daylight time, to hear objections to the certification of weed destruction to the Hennepin County tax rolls. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. THIS ASSESSMENT MAY BE APPEALED to district court, pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 20- days after adoption of the assessment and filing such notice with the district court within 10 days after service upon the Mayor or City Clerk. BY ORDER OF THE CITY COUNCIL A= S. LINrMAJN CITY CLERK Dated: August 30, 1979 (Published in the Brooklyn Center Post September 6 and 13 1979) NOTICE OF PUBLIC HEARING FOR DELINQUENr PUBLIC UTILITY ACCOUNTS CITY OF BROOKLYN CENTER NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, in said -city, on Monday, September 24, 1979, at 8:00 p.m., centtal daylight time, to hear objections to the certification of delinquent public utility accounts to the Hennepin County tax rolls. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. THIS ASSESSMENT MAY BE APP EALED to district court, pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 20 days after adoption of the assessment and filing such notice with the district court within 10 days after service upon the Mayor or City Clerk. I By ORDER OF THE CITY COUNCIL ALLEN S. LINDMAN CITY CLERK Dated: August 30, 1979 (Published in the Brooklyn Center Post September 6 and 13 1979 NOTICE OF PUBLIC HEARING DISEASED SHADE TREE RRAWAL PROTECT NO. 1978 -1 and 1979 -3 CITY OF BRDOKLYN CENTER NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will meet at the City Hall, 6301 Shingle Creek Parkway, in said city, on Monday, September 24, 1979, at 8:00 p.m., central daylight tore, to hear objections to the certification of diseased shade tree removal costs to'the Hennepin County tax rolls. SENIOR CITIZEN HARDSHIP TAX DEFERRAL: MSA 435.193 permits deferral of special assessments for homestead property to persons 65 years of age or older for whom it would be a hardship to make the payments. THIS ASSESSMENT MAY BE APPEALED to district court, pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 20 days after adoption of the assessment and filing such notice with the district court within 10 days after service upon the Ma Yn Y r or City Clerk. BY ORDER OF THE CITY COUNCIL ALIEN S. LINDMAN CITY CLERK Dated: August 30,1 979 (Published in the Brooklyn Center Post September 6 and 13, 1979) REVIEW OF SPECIAL ASSESSMENTS September 24, 1979 Hearing # Project Assessment Assessment Hearing No. of J Improvement Location Method Rate Estimate Years Remarks 1 1977 -13 'ALLEY PAVING Between James & Xnox Footage & $5.198 /ft @ 14' row $7.00 /ft. 14' row 10 Assessed in accord- Avenues from 53rd to area (new $6.372/ft @ 30' row $9.75/ft. 30' row ance with Res. 75 -89 54th Avenue N. drives) $0.379 /Sq.Yd. of new UNIFORM ALLEY IMPROVE- drives MENT Policy $0.379/ sq. yd. for new drives 2 1977 -19 STREET SURFACING Lyndale Avenue N. from Footage & $7.251 /ft. $8.00 /ft 7 MNIDOT paid 80% the C/L of 59th Avenue driveway cost of project cost - N. to 185' N of the C/L of 61st Avenue N. 3 1977 -20 CURB & GUTMM Lyndale Avenue N. from Footage $6.123 /ft. $6.00 /ft 10 the C/L of 59th Avenue projec t cost paid 528 of North to the C/L of 62nd project Avenue N. 4 1977 -22 ALLEY PAVING Between Twin Take & Lake- Footage & $4.800 /ft 10' w view from Lakebreeze area (new pavement $8.00 10 $0.552/sq. yd.for northerly approximately drives) $11.068 /ft 24'w new drives 340' pavement + $11.50 driveway cost 5 1978 -4 WATER NUN From existing water main Prorated by Real 10: 13, 752.47 15,024 20 Real 10 pays 100% of in Brooklyn Park, along agreement Johnson: 421.62 669 costs across Brooklyn north City limit, then 3,481.79 3507 Boulevard & east of southeast along & across B.B. plus 50% of-re- Brooklyn Boulevard mainder 6 1978 -5 SANITARY SEWER From existing sanitary Prorated by Real 10: 19,724.35 18,536 20 Real Estate 10 added sewer in Brooklyn Park, agreement Johnson: 644.20 1,189 driveway to project along north City limit, (5,319.89 6,485 after original esti- then southeast along & mate across Brooklyn Blvd. Assessment Assessment Hearing NO. of # Project Improvement Location Method Rate Estimate Years Remarks 7 1978 -7 ALLEY PAVING Between Humboldt & Footage & area $8.694/ft 14' row 9.75 10 $0.115 /sq. yd. for Irving Avenue from (new drives) $9.493/ft 30' row 12.50 new drives 53rd to 54th 8 1978 -20 GRADING, BASE & Irving Avenue North from Footage $12.218/ft 25.00 /ft 7 Irving Estates oovezed SURFACING 155 feet south of 70th to by developer bond proposed Irving Lane and Irving Lane from 738' east of Logan to Irving Avenue N. 9 1978 -21 WATER MAIN Aldrich Avenue N. from Unit $1,418.00 Same 20 68th Avenue northerly approximately 340' 10 1978 -22 SANITARY SIInM Aldrich Avenue N. from Unit $ 901.01 $1,071.00 20 68th Avenue N. northerly approximately 330' 11 1978 -23 SMRM SEVER Drainage area around Area $2.320/100 sq. ft. $2.85/100 sq. ft. 20 Aldrich Avenue North northerly of 68th Avenue 12 1978 -24 GRADING, BASE & Aldrich Avenue North Footage $18.44/ft $17.60 ft 7 Soil condition SURFACING from 68th Avenue North necessitated in- approximately 340' stallation of a sub- drain system 13 1978 -28 CURB & GUTTER James Circle from Freeway Area $35.159 /acre $42.00 /acre 15 Driveway at bowling Boulevard southerly approx- alley assessed imstely 570' directly at a cost of $2736.77 i 14 1978 -31 tnTP,TER MAIN Unity Avenue N. from 940' Footage area $14.47/ft + Same 20 north of the C/L of 69th 4.46/100 sq. ft. Ave. N. northerly approxi- mately 1300 feet 15 -- WATER HOdKM '6331 Brooklyn Blvd. $ 490.00 20 5920 Brooklyn Blvd. $3,720.09 15 6415 James Circle $2,424.40 15 5306 Nbrgan Avenue N. $1,197.18 20 2500 County load 10 $6,461.34 15 6850 -6870 Shingle Crk Pkwy '$6,530.72 15 Assessment Assessment Hearing No. of # Project Improvement Location Method Rate Estimate Years Remarks 1978 -32 STORM SEKM Unity Avenue, The Ponds, $10,810.63 Costs covered by Phase 3 developer bond 1978 -35 STOM SE WM Unity Avenue, The Ponds, $19,725,64 Costs covered by Phase 7 developer bond OTHER ASSESSMENTS Public Hazard Removal Delinquent Weed Destruction Accounts Delinquent Public Utility Accounts Diseased Shade Tree Removal Casts I CITY OF 6301 SHINGLE CREEK PARKWAY B KOOKL YN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C EMERGENCY- POLICE -FIRE 561 -5720 TO: Gerald G. Splinter, City Manager FRCS'!: Sy Knapp, Director of Publ is vbrks DATE: September 7, 1979 RE: Purchase of fill materials for Central Park Grading Project Park Construction Company has entered into contract with MNDOT for construction of an I -94 segment in Minneapolis between 21st and 40th Avenues. This contract includes the excavation and disposition of a massive quantity of excess fill material. I%ZEM has specified that a portion of this material be used to con - struct the new rarrp from T.H. 100 to I -694. The balance of the material belongs to the contractor - -to be disposed of at his choice. The City needs approximately 50,000 cubic yards of fill materials to complete the grading of Central Park. After discussions with Park Construction, they have submitted the attached proposal wherein they propose to deliver fill materials to the site for the following prices: Commnfill material . . . . $0.75 /cu.yd. Granular material . . . . . $1.25 /cu.yd. It is my opinion that these prices are extremely favorable to the City. In fact, they approximately represent the costs of hauling only. I do not believe it is possible to obtain this type of material at a lower price from any other source. Discussion of this matter with the City Attorney, however, indicates that since the total cost involved will be approximately $45,000, we should advertise for formal bids for these materials. Accordingly, we recommend a two -step approach, i.e.: 1. Purchase up to $10,000 worth of materials on the basis of the informal quotation 2. Advertise for bids for the balance of the materials needed. Park Construction has agreed to honor the unit prices quoted for the first phase. Their bid prices for the second phase may come in somewhat highex, because of the additional costs involved in processing fomol bids, i.e., and insurance formalities, preparation of bids and. contracts, etc. However, I would hope that they will elect to submit their formal bid at approximately the same unit price. Attached, for City Council consideration, is a resolution authorizing the first - step purchase, based on the informal quotation. Adoption of a ration to authorize the Administration to take formal bids for the remainder of the fill materials needed is also requested. cb u'7he So� done � y p INDUSTRIAL • ``�06;N *q *�`oy 0ROADBUILDING EXC AVATING PILE DRIVING iJy y i ■SEWER, WATER INSTALLATION .�� AM[a���.• s BRIDGES ESTABLISHED *GQLF COURSES CO ST CTIO CO. 1916 IISANDDEVELOP LAND DEVELOPMENT ■EQUIPMENT RENTAL ■ENGINEERING AND DESIGN 9900 BEECH STREET N.E. s MINNEAPOLIS, MINNESOTA 55432 s TELEPHONE 786"9800 August 30, 1979 James Noska, P.E. Superintendent of Engineering . City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Mn. 55430 Re: Brooklyn Center Park Site Development Fill Material .Dear ter. _ Noska, Park Construction can deliver fill material to your proposed park site development located westerly of the Brooklyn Center Community Center (Brooklyn Drive & Shingle Creek) for the following prices; Common fill material* $0.75 /cu. y.d. Granular Material 51.25 /cu.*yd. *Material can have some larger rock, but will be non - organic. For estimating purposes the approximate quantities required are 15,000 cu. yds. of granular material and 35,000 cu. yds. of common material. The above quoted prices are for delivery only. It is our understanding that Brooklyn Center will furnish all necessary permits and equipment nec essary to place the material. If you have any questions please contact me at 521 -3669. Sincerely, PARK CONSTRUCTION_COMPANY John Gannon Project Engineer JG /mt Member introduced the following resolution and moved its adoption: RESOLUTION No. RESOLUTION AUTHORIZING THE PURCHASE OF FILL MATERIALS FOR CENTRAL PARK GRADING PROJECT NO. 1978 -41 WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials, or equipment, or any kind of con- struction work by informal quotations when the anount of such contract is less than ten thousand dollars ($10,000.00 ); and WMRFAS, the City Manager has obtained quotations on the purchase of fill materials for utilization on Central Park Grading Project No. 1978 -41 and has determined that the quotation of Park Construction Company in the atrount of $0.75 per cu. yd. for common fill and $1.25 per cu.. yd. for granu- lar fill is the best quotation submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is authorized to contract for the purchase of fill materials for utilization on Central Park Grading Project No. 1978 -41 at the above stated rates from Park Construction Company. I f Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution.was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 'i M & C No. 79 -23 September 7, 1979 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Brooklane Park Building To the Honorable Mayor and City Council: At the last City Council meeting representatives of the Brooklane Park neighborhood appeared on Open Forum requesting the City Council to consider a permanent building or a temporary building pending construction of a permanent building be considered as a replacement for the currently condemned building in the park. The Council instructed the City staff to review the feasibility of a permanent structure to replace the currently condemned structure. The Park Department and other members of the City staff have researched the permanent building prospects and also the potential of a temporary or an interim shelter for the park this winter. To rush into the construction of a building and construct it out of the most available materials would potentially eliminate the time usually taken in selecting the design and materials for a long lasting and permanent low maintenance type park structure. My personal opinion, at this time, is to run out and build something based on what can be built the quickest is not the best long term solution to the problem. We are investigating and have two or three alternate sources for temporary structures which would be adequate for this winter, thus, allowing us time to do what I consider to be an adequate design study for a permanent building. We are also examining alternative permanent structures. With this in mind Gene Hagel has set up a meeting with the interested people from the neighborhood at 2:00 p.m. Tuesday, September 11, to discuss the various alternatives with representatives of the neighborhood. After that meeting the staff would then bring the conclusions and recommendations of the staff and interested neighborhood people to the Council for their consideration. By the time we have the meeting with the neighborhood people we will have greater detailed estimates on costs of various temporary and permanent alternatives. When we present it formally to the City Council we will have those detailed estimates plus the input of the neighborhood to assist you in making your decision. AKager omitted, ter CITY OF BRO OKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING THE DEVELOPMENT OF A CAA FOR SUBURBAN AND RURAL HENNEPIN COUNTY WHEREAS, the question of whether there is a need for a CAA to serve suburban and rural Hennepin County, and what organizational form is most appropriate if a CAA should be established, has been under study for the past year; and WHEREAS, this review has indicated that the County's lower income citizens will benefit from the establishment of a CAA that can build on and complement the activities of the existing Human Services Council; and WHEREAS, a task force representing the three Human Services Councils has developed an organizational model designated the "Linkage Model ", which will enable a CAA to be organized while retaining the Human Services Councils and making the fullest use of their existing planning, management and service capabilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center does hereby urge the Hennepin County Board of Commissioners to accept the recommendations of the task force and establish a CAA for suburban and rural Hennepin County based on the "Linkage Model" and to designate the present task force as the interim board to: 1. Write the Bylaws 2. Organize the new Board 3. Apply for CSP funding. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager' FR Brad Hoffman, Administrative Assistant � DATE: September 7, 1979 SUBJECT: Brooklyn Center Housing Rehabilitation Grant Selection Criteria On February 26 of this year, the City Council passed Resolution No. 79 - which authorized the submission of a community development block grant program to Hennepin County for consideration as part of the Urban Hennepin County community .development block grant application. Part of that submission was an appropriation of approximately $80,000 to be used in a local housing rehabilitation grant pro - gram. Since that time, Brooklyn Center's rehab grant program has been approved by the Department of Housing and Development. The Brooklyn Center Housing Commission as well as the Citizens Advisory Group for community development has been reviewing criteria for the selection of grant applicants. It should be noted that Brooklyn Center is limited in the develop- ment of a local rehab grant program only to the extent that they are required to use Section 8 income guidelines. As of August 1, 1979, the guidelines are as follows: Family Size Income Limit 1 $11,750 2 13,450 3 15,000 4 16,800 5 17,850 6 18,900 7 19,950 8 or more 21,000 These incomes represent maximum incomes that can be considered for grants under the Brooklyn Center program. As part of the development of the grant review criteria, the Housing Commission thoroughly studied the Minnesota Housing Finance Agency Home Improvement Grant Program as it affects Brooklyn Center. It was quite evident to the Housing Commission that the MHFA Grant Program was too narrowly targeted to have an appreciable impact upon the City's housing stock. With a maximum income limit of $5,000 under the MHFA Program, it was a common experience that applicants needing grant assistance for priority projects were not eligible because of the rigid $5,000 limit. It became apparent that while income was a measure of an applicant's ability to contribute towards the maintenance and rehabilitation of his /her own home, it was not the only criteria that should be used in making a determination of eligibility. The Housing Commission in developing grant selection criteria had two (2) objec tives. First, to develop criteria that would attempt to measure or provide some equity in determining an individuals ability to financially contribute to the rehabilitation of his or'her own home. It was felt that this could be accomplished by considering income as well as the number of individuals within the household, mortgage commitments, outstanding medical commitments and other items that may Gerald G. Splinter -2- September 7, 1979 be unique to individual cases. A thirty (30).point system was developed in an effort to provide some flexibility in determining an applicant's financial status relative to a grant application. The second objective was to recognize the City's interest in maintaining its housing stock. It was the unanimous agreement amongst the members of both the Housing Commission and the Citizens Advisory Group for community development that rehab grant money should, to the largest extent possible, be targeted to specific areas of the City to help to eliminate the development of blighted areas and slums. As a result of that objective, a number of selection criteria were developed on a point system dealing with the age of the house, the nature of the work, the median age of the neigh- borhood and the specification of target areas. In essence, the two groups concurred that the application process should be a two step process. First, the applicants would be determined to be financially eligible to receive a grant under the rehab grant program. Second, all applications that had been determined to be income eligible would then be ranked according to the criteria that had been developed to target monies to specific areas within the City to eliminate blight and slums. It is proposed that the housing rehabilitation grant program for Brooklyn Center be run identically to the MHFA Housing Improvement Grant Program with the excep- tion of the selection criteria. The criteria proposed is attached for your review. I would note that the criteria before the Council would significantly increase the number of individuals in Brooklyn Center that would be eligible for a grant. It is my belief that this is to the advantage of the City of Brooklyn Center because it would give the City greater latitude in the selection of grant applicants and in the targeting of rehab monies to desired areas of the City. Under the MHFA Rehab Grant Program, the recipient of a grant enters into an agree- ment with the agency for the repayment of the grant in the event that the property is sold, transferred or otherwise conveyed or ceases to be the recipient's principal place of residence within seven (7) years from the date which the grant application was approved. During that seven (7) year period, the amount that must be repaid is reduced according to a developed schedule. The repayment agree- ment has caused some problems with the MHFA Grant Program in the past. In cases where an individual holds a contract for deed on a parcel, it would be required that they also sign the repayment agreement. It has been our experience that individuals holding contracts for deed are quite often not willing to sign the repayment agreement meaning the grant cannot be given to the owner applicant. It has been our experience that these homes have not been sold after the owner has received a grant which would have created a windfall profit for them. Consid- eration must be given as to whether or not we desire to retain the repayment agreement under the Brooklyn Center grant program. If a repayment agreement is _maintained, it should be noted that a 'significant number of older homes in Brooklyn Center do have contract for deed liens against them and, in essence, most of them would be ineligible to receive a grant. If we do not require a repayment agreement, it would be possible for an individual to rehab their home, sell it and thus receive the benefits of that grant in a monetary sense. At the same time the City's objective of upgrading and maintaining its housing stock has still been accomplished. It is my recommendation that we do not include a repayment clause in Brooklyn Center's grant program. However, we should closely monitor those homes receiving grants to assure that such abuses do not occur at untolerable levels. If we determine that the nonrepayment of grants is a problem (homes are sold within a short duration) then the Council would want to amend the guidelines. All criteria under this program would be subject to future modification by the Council. Grant /Loan Review Criteria Rehab Grant Priority Guidelines A) Income (Total Household) 0 - 7,500 10 7,501 - 10,000 8 10,001 - 12,500 6 12,501 - 15,000 5 15,001 - 80% median 4 (10) $) Number in Household 1 individual 1 2• individuals 2 3 individuals 3 4 individuals 4 5 individuals 5 (5) C) Total Asset (Less home, first auto and furniture) $ 2,500 - or less 10 • $ 2,500 - $ 5,000 8 5,001 - $ 7,500 b $ 7,501 - $10,000 5 $10,001 - $15,000 4 (10) D) Permanently Disabled, or Handicapped 62 years of age or older 2 (2) E) Other a. Mortgage payment in excess of 25 % of income (1 pt) b. Mortgage payment in excess of 30% of income (2 pt) c. Medical payments in excess of 10% of income (1 pt) d. Medical expense in excess of 15% of income (2 pt) e. Other (explain) (0 -2 pt) (3) Total Possible Points 30 Minimum required for grant (100 %) 20 19 points 90% grant, 10% loan 18 points 75% grant, 25% loan 15 points 50% grant, 50% loan 12 points 25% grant, 75% loan 11 points or less 100% loan REHAB GRANT SELECTION CRITERIA Part II A. Age of House 10 years or less 0 points 11 - 20 years 2. points 21 - 25 years 4 points 26 30 years .6 points 31 40 years 8 points 41 years or more 10 points B. Nature of Work Total 20 points 1. Energy Related up to 5 points a-. ceiling 3 points b. wall 2 points c. other 1 point 2. Imminent Health, Safety up to 10 points 3. Improve Habitability up to 5 points 4. General Maintenance up to .5 points C. Median Neighborhood Age 0 - 10 0 points 11 - 20 3 points 21 -.25 6 points 25 - 30 - 9 points 31 - 40 12 points 40 plus 15'points D. Does the grant request plus any outstanding principal ocmed (mortgage, Title I, and etc.) against the property exceed its market value? Yes No E. Defined target area 5 points MEMORANDUM To: Gerald G. Splinter, City Manager From: James P. Lindsay, Chief of Polic Subj: The Bingo License Application of the Twin Lake Alano Society, Inc. bate: August 27, 1979 Attached please find the complete investigation of the Brooklyn Center Twin Lake Alano Society, Inc. in application for a Bingo License, Leonard F. BESNETT, Bingo Manager. Investigator MONTEEN's report lists nothing of a questionable nature found in the course of this investigation. In addition to the application for a Bingo Lic- ense, the Twin Lake Alano Society has requested that the Fidelity Bond required be waived as the Alano Society has a fidelity bond in effect covering all individuals in financially responsible positions. The City Council must act on the following matters: (1) The application for a Bingo License. This re- quires a majority vote of the City Council to pass. (2) Waiver of a $10,000 Fidelity Bond. This re- quires the unanimous vote of the City Council to pass. pis att. a he following is a resume of Brooklyn Center Case Number 79- 12560, the pplication of Twin Lakes Alano Society, Inc. for a Bingo License, Jeanette BESTLAND, Treasurer, Leonard F. BESNETT, Bingo Manager. This investigation is conducted by Investigator A. Paul MONTEEN, and transcribed by Pat SWANSON, clerk- typist for the Brooklyn Center Police Department. APPLICANT Twin Lake Alano Society, Inc. 4938 Brooklyn.Boulevard Brooklyn Center, Minnesota 55429 Telephone: 535 -7265 Jeanette Mary BESTLAND 6825 71st Avenue North Brooklyn Park, Minnesota 55428 Telephone: 561 -8056 Leonard Francis BESNETT 7229 Fremont Avenue North Brooklyn Center., Minnesota' 55430 Telephones 560 -1697 INVESTIGATION MATERIALS CONTAINED WITHIN THIS REPORT application for a Bingo License. n application for a Bingo License, Part II, personal information for Jeanette Mary BESTLAND. An application for a Bingo License, Part II, for Leonard Francis BESNETT. A letter requesting the waiver of a Fidelity Bond. Brooklyn Center Police Department record checks of BESNETT and BESTLAND. A copy of the articles of incorporation for Twin Lake Alano Society. The Twin Lake Alano Society is a corporation of the State of Minnesota be- gun on January 1, 1974. The corporation is located in the City of Brooklyn Center, Hennepin County, Minnesota, and its principle offices are located at 4938 Brooklyn Boulevard. The Twin Lake Alano Society consists of 240 active members whose purpose and plan is to aid in the assistance of alco- holics, without compensation, and to attain complete.and lasting sobriety for the Alcoholics Anonymous program and its philosophy. According to Article II, Section 1, of the Articles of Incorporation, the corporate nature of the society shall be a nonprofit educational and charitable corporation and shall have no capital stock of any kind. The Twin Lake Alano Society, Inc. owns the building located at 4938 Brooklyn Boulevard, Brooklyn Center, Minnesota, and does hold a mortgage for that location with Waconia Manufacturing Industries 'Concerning the required federal and state forms in question, 990 and 990T, w haritable Organizations Annual Report, and the Statement of Bingo Operations, estigator MONTEEN approached the accountant for the Twin Lake Alano Society, Resume by Investigator A. Paul MONTEEN Case File #79 -12560 Page 2 leanet R. FORE of Fore Accounting, 1819 Lowry' North, Minneapolis, Minne- P , sota, 55411, 529 - 5201. Ms. FORE advised Investigator MONTEEN that none of these forms had been filed in the past nor was she aware that any of these forms were required of Twin Lake Alano Society. Ms. FORE did check with the State of Minnesota, Department of Commerce, Charitable Organizations Section, and returned a call to Investigator MONTEEN advising that it was now her under - standing that unless the Society raised money in excess of $10,000 from sources outside its own membership, it was not necessary to file the Charitable Organizations Annual Report for the Statement of Bingo Operations. She fur - thermore, advised that she had checked with the Twin Lake Alano Society and found that the bingo operation there is limited to the membership of the or- ganization and not publicly advertised as open bingo and, although, persons do occasionally attend as guests of members of the organization, the finances gained from the bingo operation are basically from the members of the organi- a i. o z t n and they are, therefore, exempt from the filing of these reports. Ms. FORE advised that Twin Lake Alano Society is checking with their attorney on this matter and will have'a clarification. Should the forms be required, of the Twin Lake Alano Society, they will be filed with the State of Minne- sota and copies of such provided to the Brooklyn Center Police Department after they are filed. Investigator MONTEEN did run a criminal history and driving records check on the executive officer in application for the bingo license, Jeanette Mary 0 ESTLAND, and found no criminal history, NCIC, MINCIS, Hennepin County and rooklyn Center and nothing which would preclude her from making application for this license in any other checks. Furthermore, MONTEEN made inquiries of.NCIC, MINCIS, Hennepin County and Brooklyn Center records as well as a driving records check with the State of Minnesota on Leonard Francis BESNETT and found nothing there that would preclude BESNETT from being the Bingo Man- ager of the organization. Moreover, BESNETT has been a resident of the City of Brooklyn Center, specifically at 7229 Fremont.Avenue North, for the past 26 years and is employed by Mr. FINK at Form Products, Inc. at 7521 Commerce Lane N.E. in Fridley, Minnesota. In checking with Mr. FINK, MONTEEN found that Mr. BESNETT is considered to be a model employee with an excellent working record. They have had no problems with tardiness and Mr. BESNETT has been in a position to handle money for the company as well as having borrowed money from the company through a company loan policy which Mr. FINK advised MONTEEN that Mr. BASNETT has always been prompt and cofplete in making his payments to the company. Mr. FINK could see no reason why Mr. BESNETT would not be ex- cellent candidate as the financial manager of the bingo operation for the Twin Lake Alano Society. This application is made for a Bingo License and contained within the application for a Bingo License is a letter addressed to the members of the City Council requesting that the bond for a Bingo License, in particular, Resume by Investigator A. Paul MONTEEN Case File #79- 12560 Page 3 e waived as the Twin Lake lano Society carries a Fidelity Bond covering e e ty y g all individuals in financial responsible positions. Therefore, the City Council has two items on which to act: (1) The application for a Bingo License which re- quires the majority vote of the City Council for passage. (2) The waiver of the Fidelity Bond which requires the unanimous vote of the City Council for passage. This concludes the resume of the investigation of the Twin Lake Alano Soc- iety in application for a Bingo License. MEMORANDUM Gerald G. SPLINTER, City Manager From: Jim LINDSAY, Chief of Police I . Subj: Gambling license application for Cross of Glory Lutheran Church Date:' August 17, 1979 Attached please find the complete police investigation of Cross of Glory Luth eran Church in application for a Class A gambling license. Elaine E. MERILA is listed as the gambling manager. Investigator MONTEEN's report lists nothing of a questionable nature during the investigation. In addition to a Class A gambling license, Cross of Glory Lutheran Church has ' made application for a waiver of Fidelity Bond as allowed under the oridinance. The City Council must act on the following matters: 1. Application for Class A gambling license. This requires the majority vote of the City Council. 2. Waiver of a $10,000 Fidelity Bond. This requires a unanimous vote of the City Council to pass. JL /7g is is a resume of the investigation of Brooklyn Center case number 79- 12113. is investigation regards the application of Cross of Glory Lutheran Church, application for a Class A gambling license, Elaine MERILA, gambling manager. This investigation is• conducted by A. Paul MONTEEN and transcribed and type- written by Judy GOODMAN, clerk /dispatcher for the City of Brooklyn Center. APPLICANT Cross of Glory Lutheran Church 5940 Ewing Avenue North Brooklyn Center, MN 55429 GAMBLING MANAGER Elaine Esther MERILA DOB: 03 -29 -36 4019 - 58th Avenue North Brooklyn Center, MN 55429 Telephone: 1,537 _C708 INVESTIGATION MATERIALS CONTAINED IN THE CASE FILE Application for class A gambling license. Application for class A gambling license Part II. In the name of Elaine Esther MERILA. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cross of Glory Lutheran Church is a congregation of approximately 2,500 bap- tized or confirmed members, organized under the auspices of the American Luth- eran Church. Cross of Glory Lutheran Church was organized and dedicated in 1957 and has maintained a building located at the address 5940 Ewing Avenue North in Brooklyn Center, Hennepin County, Minnesota, since that time. Accord- ing to Eilert PEDERSON, treasure = of Cross of Glory Luthern church, the church is a bonifide affiliate of the National Organization, the American Luthern Church, and operates as a tax exempt organization having a tax exempt number issued by the Internal Revenue Service (41- 0836935). Bonifide religious organizations are in fact exempt for filing the 990 or 990T and /or any other federal tax statememts according to the Department of Treas- ury, Internal Revenue Service. Likewise, bodnfide religious organizations are exempt from filing the report of charitable organizations with the Department of Commerce, State of Minnesota. Elaine Esther MERILA is named in the application as the gambling manager. Elaine MERILA and her husband, James R. MERILA have been residents of the City of Brooklyn Center during the past 10 years and previous to that time, and have maintained a residence at 4019 -58th Avenue North. Elaine MERILA has been a* substitute teacher in the Osseo, Robbinsdale, and Brooklyn Center School District during the past 10 years as well. A criminal history check indicates that Elaine MERILA is clear with the NCIC and MINCIS records as well as Henne n County warrant office. A driving record check and check of the Brooklyn der Police Department records would indicate nothing which would preclude 'Elaine Esther MERILA from functioning as the gambling manager for the Cross of Glory Lutheran Church. Included with the application for a Class A gambling license for the Cross of Glory Lutheran Church is a letter from Elaine MERILA requesting a'waiver of a $10,000 Fidelity Bond. - Resume of A. Paul MONTEEN Case File #79- 12113 Page 2 Investigator MONTEEN can find nothing which would preclude the Cross of ory Lutheran Church, Elaine Esther MERILA, gambling manager, from receiv- g a gambling license, Class A as issued by the City of Brooklyn Center, ennepin County, Minnesota. Moreover, there is nothing which would indicate tha t a 10 000 Fide B r f Elaine Es $ Fidelity and should be required o El e her MERILA. So Esther the City Council must then act on two matters, that being the application for a Class A gambling license which requires the majority vote of the City Council to pass. As well as the waiver of a $10,000 Fidelity Bond, this requires the unanimous vote of the City Council pass. I Licenses to be approved by the City Council on September 10, 1979 BINGO LICENSE 'T'win Lake Alano Society 6825 71st Ave. No. A City Clerk l GAMBLING LICENSE D Cross of Glory Lutheran Church 4019 58th Ave. No. City Clerk GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Walter's Disposal Service 2830 101st Ave. N.E. T,/. Gone additional truck) Sanitarian I