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HomeMy WebLinkAbout1997 02-24 CCP Regular Session Public Copy CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER February 24, 1997 7 p.m. I. Call to Order 2. Roll Call 3. Invocation - Father Martin Stillmock 4. Council Report 5. Presentation - Representative Phil Carruthers 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. is a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. January 27, 1997 - Regular Session b. Approval of Application for Exemption from Lawful Gambling License (Raffle) from Earle Brown Elementary PTA C. Approval of Application for Exemption from Lawful Gambling License (Raffle) from North Hennepin Community College d. Approval of Application for a Minnesota Lawful Gambling License (Pull Tab Machine) from Brooklyn Center Fire Department Relief Association e. Proclamation Declaring March 2 through 9, 1997, as Volunteers of America Week f. Resolution Amending the 1996 General Fund Budget to Increase Appropriations for Various Operating Funds • CITY COUNCIL AGENDA -2- February 24, 1997 • g. Resolution Creating a Police Drug orfeiture Fund, Transferring Moneys from the g g Y General Fund, and Authorizing the Appropriation in 1997 of Amounts Unspent in 1996 h. Resolution Approving Change Order No. 1, Improvement Project No. 1995 -05, Contract 1996 -C, 69th Avenue North, Shingle Creek Parkway to Dupont Avenue North, Street, Bridge Replacement, Roadway, Drainage and Utility Improvements i. Resolution Approving Change Order No. 1, Improvement Project Nos. 1996 -06, 07, and 08, Contract 1996 -G, Logan, James, Knox, and 57th, Street, Storm Drainage, and Utility Improvements j. Licenses 7. Open Forum 8. Public Hearing a. Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Brookdale Mitsubishi) -This item was first read on January 27, 1997, published in the official newspaper on February 5, 1997, and is offered this evening for a second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to continue public hearing until final plat is received. b. Public Hearing Regarding Proposed Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West, Street, Storm Drainage, and Utility Improvements 1. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications, Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West, Street, Storm Drainage, and Utility Improvements - Requested Council Action: -Brief staff presentation. -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. • CITY COUNCIL AGENDA -3- February 24, 1997 • 9. Plannin g Commission a. Planning Commission Application No. 97003 submitted by Sunlite Properties. Request for Planned Unit Development (PUD) Amendment to build an approximate 73,900 sq. ft. office /industrial facility on a 6.25 acre site located west of Parkway Circle; north of the Hilton Hotel. The Planning Commission recommended approval of this application at its February 12, 1997, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 97003 submitted by Sunlite Properties subject to the conditions recommended by the Planning Commission. 1. An Ordinance Vacating Drainage and Utility Easements in Tract A, Registered Land Survey Number 1572 - Requested Council Action: - Motion to approve first reading of ordinance and set March 24, 1 997, for public hearing and second reading. 10. Council Consideration Items a. Heritage Center Open House - Requested Council Action: • -Report from City Manager. b. Discussion of Pawn Shops - Requested Council Action: - Council discuss. C. An Ordinance Granting to Northern States Power Company, a Minnesota Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Brooklyn Center, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such Purposes -This item represents the renewal of NSP's franchise agreement with the City, and is presented tonight for a first reading. This item was tabled from the February 10, 1997, Council meeting. - Requested Council Action: - Motion to approve first reading of ordinance and set March 24, 1997, for public hearing and second reading. d. Resolution Approving Lease Agreement Between the City and Sprint Spectrum for the Siting of Personal Wireless Communications Facilities at Water Tower No. 1 - Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -4- February 24, 1997 • e. Request for Pro -Rata Refund of Liquor License -Requested Council Action: - Council discuss. f. Resolution Awarding a Contract for Professional Services, Improvement Project No. 1995 -03, Shingle Creek Regional Pond Project, Phase 1 - Requested Council Action: - Motion to adopt resolution. 11. Adjournment EDA AGENDA CITY OF BROOKLYN CENTER February 24, 1997 • 7 p.m. 1. Call to Order 2. Roll Call 3. Approval of Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. January 27, 1997 - Regular Session 4. Commission Consideration Items a. Resolution Approving Amendment to Project Plan for Housing Development and Redevelopment Project No. 1 0 -Requested Commission Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -5- February 24, 1997 • b. Resolution Authorizing Acquisition of Certain Real Property by Purchase or Eminent Domain Proceedings - Requested Commission Action: - Motion to adopt resolution. c. Resolution Approving Relocation Claim for Property in the 53rd Avenue Development and Linkage Project - Requested Commission Action: - Motion to adopt resolution. d. Resolution Authorizing Administrative Settlement for Acquisition of Property in the 53rd Avenue Development and Linkage Project - Requested Commission Action: - Motion to adopt resolution. 5. Adjournment • • e t r V - :�a�! __'? -✓.`' / - - -� L- - 7- _�_CtL�` _._ , l �i 7 j� IV DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 27, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INVOCATION • Invocation was given by Steven Loopstra, Northbrook Alliance Church. COUNCIL REPORTS Councilmember Carmody noted a recent article in the Home & Garden section of the Star Tribune which featured a Brooklyn Center resident. Mayor Kragness read a letter from State Representative Lyndon Carlson wishing the Council P Y S well in 1997. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom asked that item 9.a. be removed from the agenda. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM ANOKA COUNTY PHEASANTS FOREVER A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the • 1/27/97 -1- DRAFT application for authorization for an exemption from lawful gambling license from Anoka County Pheasants Forever passed unanimously. • APPROVAL OF APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM MINNESOTA BOWHUNTERS INC A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the application for authorization for an exemption from lawful gambling license from Minnesota Bowhunters, Inc., passed unanimously. RESOLUTION NO. 97 -15 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. McCAULEY AS RESPONSIBLE AUTHORITY FOR PURPOSES OF THE MINNESOTA GOVERNMENT DATA PRACTICES ACT The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-16 Member Carmody introduced the following resolution and moved its adoption: • RESOLUTION APPOINTING JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. PAY EQUITY COMPLIANCE REPORT A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the pay equity compliance report passed unanimously. RESOLUTION NO. 97-17 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption p on of the foregoing resolution was duly seconded by member Peppe 1/27/97 -2- • DRAFT and passed unanimously. RESOLUTION N0.97 -18 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-19 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR MNRRA PLAN FUNDING ASSISTANCE The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. III • RESOLUTION NO. 97-20 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1997 -11, ELEVATED STORAGE TANK REPAIR - TOWER NO. 2, AND AUTHORIZING A REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-21 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1997 -10, SCADA AND INTRAC SYSTEMS REPLACEMENT, AND AUTHORIZING A REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. • 1/27/97 -3- DRAFT RESOLUTION NO. 97-22 • Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF ONE (1) ELGIN PELICAN SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-23 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF ACCESSORIES FOR DUMP TRUCK #93 The motion for the adoption of the foregoing going resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-24 Member Carmody the following mg resolution and moved its adoption: • RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF ACCESSORIES FOR DUMP TRUCK #94 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. . 97 -25 RESOLUTION N O Member Carmody introduced the following resolution and moved its adoption: RESOLUTION MODIFYING EMPLOYEE RECOGNITION PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-26 Member Carmody introduced the following resolution and moved its adoption: 1/27/97 -4- • DRAFT RESOLUTION RECOGNIZING EMPLOYEES WITH 20 OR MORE YEARS OF • DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. The following employees were recognized: Thirty or More Years of Service Gary Giving, Engineering Tech III Scott Kline, Police Chief Twenty -five or More Years of Service Gregory Weeks, Police Sergeant Al Hartmann, Engineering Tech III Kathy Flesher, Rec Program Supervisor John Bentzen, Parks Maintenance Ron Pearson, Public Safety Dispatcher Larry Hansen, Street Maintenance Richard Fryer, Police Officer Twenty or More Years of Service Joel Downer, Police Captain Stephen McComb, Police Captain Robert Dirks, Police Officer John Ptak, Police Sergeant Ronald Warren, Planning & Zoning Specialist Orlander Nelson, Parks Maintenance David Peterson, Public Works Superintendent Jean Dorweiler, Public Safety Dispatcher Melvin Larson, Streets Maintenance Brad Hoffinan, Community Development Director Lloyd Knutson, Streets Maintenance John Harlow, Supervisor of Streets and Parks Gerald Olson, Liquor Stores Manager Cathy Hennessy, Police Sergeant David Grass, Police Sergeant Gary Karlson, Parks Maintenance LICENSES Mechanical Systems Advanced Energy Services, Inc. 3650 Annapolis Lane, Plymouth Albers Mechanical Services, Inc. 200 West Plato Boulevard, St. Paul • 1/27/97 -5- DRAFT Carver Heating & Air, Inc. 116 Peavey Road, Chaska Centraire Heating & Air, Inc. 7402 Washington Avenue, Eden Prairie • Cronstroms Heating & Air, Inc. 6437 Goodrich Avenue, St. Louis Park Egan Mechanical Contractors, Inc. 7100 Medecine Lake Road, Minneapolis Fireplace Showroom, Inc. 225 County Road 81, Osseo Golden Valley Heating & Air 5182 West Broadway, Crystal Harris Contracting Company 2300 Territorial Road, St. Paul Heating & Cooling Two, Inc. 18550 County Road 81, Maple Grove Home Energy Center 15200 25th Avenue North, Plymouth Horwitz, Inc. 5000 North Highway 169, Minneapolis Lakeland North Heating & Air, Inc. 16041 Kangaroo Street NW, Anoka Maple Grove Heating & Air, Inc. 401 County Road 81, Osseo Market Mechanical 8701 Wyoming Avenue North, Brooklyn Park P & H Services Company, Inc. 1601 67th Avenue North, Brooklyn Center PRS Mechanical, Inc. PO Box 68111, Minneapolis Ron's Mechanical, Inc. 12011 Old Brick Yard Road, Shakopee Standard Heating & Air 410 West Lake Street, Minneapolis Superior Contractors, Inc. 6121 42nd Avenue North, Minneapolis Vogt Heating & Air 3260 Gorham Avenue, St. Louis Park Yale, Inc. 9649 Girard Avenue South, Bloomington Rental Dwellings Renewals: • Vinh and Ha Ly 6007 Brooklyn Boulevard Curtis Cady 6915 Brooklyn Boulevard Richard Olson 5818 Humboldt Avenue North Patricia Beier 5300 -04 Vincent Avenue North Donald Sobania 3701 47th Avenue North Si 2n Han er g g s Lawrence Signs 945 Pierce Butler Route, St. Paul Topline Advertising 1471 92nd Lane NE, Blaine Tobacco Related Products Drug Emporium 5900 Shingle Creek Parkway OPEN FORUM There were no requests for open forum. 1/27/97 -6- • DRAFT PUBLIC HEARING • APPLICATION FOR LICENSE TO OPERATE A PAWN SHOP AT 1964 57TH AVEWNUE NORTH SUITE 17 SUBMITTED BY CASH `N PAWN City Manager McCauley explained that Cash `n Pawn had made application for a license to operate a pawn shop at Northbrook Plaza. Taxes on the subject property that were unpaid in 1996 have now been paid. He further noted that the Council at a prior meeting had requested that staff report on whether the City could impose a moratorium on the creation of new pawn shops in the City. The City has the authority to adopt interim ordinances for the purpose of protecting the planning process and the safety, and welfare of its citizens. The basic issue in a legal challenge would be whether the City's ordinance was in fact reasonably necessary to protect public interests or whether it was arbitrary, capricious, and unreasonable, and enacted for improper purposes. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing passed unanimously. Jennifer Greene, Retail Leasing Representative with Welsh Companies, was present to answer any questions. Jo Mills, 5517 Logan Avenue North, spoke in opposition to the pawn shop. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. Councilmember Hilstrom stated that she wanted the imposition of a moratorium on pawn shops due to several unaddressed zoning issues (i.e., distance from schools, churches, etc.). Councilmember Peppe was concerned about the proximity of Northbrook Plaza to the residential neighborhood and worried about a possible increase in crime in that area. Mayor Kragness noted that Cash `n Pawn has fulfilled all requests of the City for this business license, s including the payment of 1996 g p y unpaid taxes.. She believed that a lengthy moratorium was inappropriate and would only keep this business waiting for a license. Councilmember Carmody stated that the City has had ample time to address this issue, and she feared a potential lawsuit if the City decided to impose another moratorium to study the issue. Councilmember Lasman noted that the moratorium adopted by the Council in 1994 for pawn shops resulted in no change to the City's ordinance code. She further suggested the Council be careful to avoid litigation. 1/27/97 -7- RA FT City Attorney LeFevere responded to a Council question regarding another moratorium on the pawn shop issue. Mr. LeFevere stated that a moratorium was subject to legal challenge. He • suggested that the previous moratorium for pawn shops, which did not result in any change to the ordinance code, would be offered as evidence that the City merely intended to stop this business from coming into town because of neighborhood opposition or the unpopularity of pawn shops generally. Councilmember Hilstrom made a motion to direct staff to prepare a resolution establishing a moratorium on pawn shops. Councilmember Peppe seconded the motion. The motion failed on a vote of Councilmembers Hilstrom and Peppe voting aye; Councilmembers Carmody, Lasman, and Mayor Kragness voted nay. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the application for license submitted by Cash `n Pawn passed on a vote of Councilmembers Carmody, Lasman, and Mayor Kragness voting aye; Councilmembers Hilstrom and Peppe voted nay. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 97001 SUBMITTED BY ST. ALPHONSUS PARISH Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. • 97001 submitted by St. Alphonsus Parish requesting a Special Use Permit and Site and Building Plan approval to construct a 22,000 square foot addition to the existing church for a meeting hall and additional space in the education wing. A motion was made by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 97001 subject to the following conditions: 1. The Special Use Permit is granted for the expansion of the St. Alphonsus church for a meeting hall and educational wing including a kitchen facility. The use may not be altered or expanded beyond the specific approval without being consistent with the City's zoning regulations or an amendment to the Special Use Permit. 2. Building plans for the expansion project are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 1/27/97 -8- 9AFT 4. A site performance agreement and supporting financial guarantee in an amount • to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of approved site improvements. 5. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 6. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances as determined by the Building Official. 7. B -612 curb and gutter shall be provided around all new or improved driving and parking areas. 8. The applicant shall submit an as-built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. 9. The storm drainage system, grading plan, and the design of the water detention facility are subject to the review and approval of the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this .project. 10. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 11. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 12. The plan shall be modified to provide a proper offset of a least 125 feet for the proposed relocated access from the center line of Indiana Avenue or align with Indiana Avenue. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 97002 SUBMITTED BY BROOKD T E MITSUBISHI Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 97002 submitted by Brookdale Mitsubishi requesting Preliminary Plat Approval to combine properties into a single parcel for construction of an approximate 18,000 square foot automobile dealership. • 1/27/97 -9- DRAFT A motion was made by Councilmember Carmody and seconded by Councilmember Peppe to approve Planning Commission Application No. 97002 subject to the following conditions: • 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing 10 -foot wide and 15 -foot wide drainage and utility easements located along either side of the driveway serving the current lot configuration shall be eliminated in a manner approved by the City Attorney. 4. The triangular shaped piece of property located in Brooklyn Park and adjacent to the subject property shall be dedicated to the use of this site through a legal encumbrance as approved by the City Attorney. Said encumbrance shall be filed with this plat at Hennepin County. 5. The area on the preliminary plat indicated as delineated wetland shall be protected by an easement in a manner and form approved by the City Attorney. The motion pas sed on a vote of Councilmembers Carmody, Lasman, Peppe, and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. COUNCIL CONSIDERATION ITEMS REPORT ON MALLARD CREEK TWINHOME ASSOCIATION Greg Higdem, representing Mallard Creek Twinhome Association, requested the opportunity to further review a recent staff memo in response to the Association's desire to dedicate its two cul -de -sac private streets to the City. The Association requested that the matter be on the agenda at a later date. MAYORAL APPOINTMENTS A motion by Councilmember Carmody and seconded by Councilmember Lasman to ratify the following mayoral nominations for commissions passed unanimously. Financial Commission -- Michael Weidner Human Rights and Resources Commission - -Karyn Huemoeller, Leona Raisch, Shawn Taylor Northwest Hennepin Human Services Council Advisory Commission -- Bonnie Jude Park and Recreation Commission -- Richard Theis 1 _10- -10- "RAFT THE ASSESSMENT STABILIZATION AND SENIOR DEFERRAL PROGRAM • City Manager ty g r McCauley explained that staff was seeking Council direction on the Assessment Stabilization Program and the Senior Deferral Program. He outlined several options described in the memorandum from Public Services Director Diane Spector. Ms. Spector stated that the Assessment Stabilization Program was initiated with no designation of a permanent funding source. There are not sufficient funds available in the Local State Aid fund to continue the program and also fund the other improvements for which the fund was established. Ms. Spector further stated that the Senior Deferral Program has been in place since 1978 but needs modification. She suggested reducing the income cap to the very low income limit by household size and limiting the accrual of interest to the term of the original assessment (presently, interest accrues indefinitely on deferred amounts). The general consensus of the Council was to explore a hybrid -type program, incorporating a mix of assessment stabilization and its sensitivity to income /disability guidelines and retaining the senior deferral program with possible modifications. Councilmember Peppe made a motion to direct staff to look at several discussed options. Councilmember Carmody seconded the motion, and the motion passed unanimously. • RESOLUTION _ UTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING IMPROVEMENT PROJECT NOS 1997-01, 02 AND 03 ORCHARD LANE WET STREET. STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 97 -27 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03, ORCHARD LANE WEST, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 1/27/97 -11- DRAFT PRESENTATION ON POLICE FIRE AND AMERICANS WITH DISABILITIES ACT • BUILDING REQUIREMENTS City Manager McCauley explained several code and ADA deficiencies with the various City facilities for the police department, fire department, and for City Hall. Also, OSHA requirements are not being met at the fire station on 63rd Avenue North. The list of deficiencies was long, and the City needs to be in compliance with the laws and regulations it requires of others. In the exploration stage are the following concepts: A) Construct a new fire station at 63rd Avenue North for less than remodeling, B) Remodel the Dupont Avenue fire station, C) Expand police into entire current City Hall building with minimal remodeling, and build a garage for the police vehicles, and, D) Construct new office space adjacent to the present building to replace the displaced general office space. Currently in the police department, the female officers are in a janitor's closet. General overcrowding in the department includes: investigators with no interview rooms; sergeants all in a cramped row; evidence spilling into the garage; combining of squad room, break room, and offices; lack of jail space; records in various places and rotated around; no space to meet with public on complaints except in the lobby; and, no space to inventory car contents and bring in prisoners. In the fire department, OSHA requirements for clean rooms can not be met and the air quality • is jeopardized from truck exhaust, along with general age and deterioration of the building on 63rd Avenue North. Additional space is needed for space for equipment drying, equipment storage needs, sleeping quarters that are in compliance, and facilities for both genders. In the current general complex, concerns include: lack of handicapped accessible restrooms; lack of access between floors of Community Center (ADA); difficulty of accessing City offices and Council meetings due to confusing layout and placement of parking; aged heating, ventilation, and air conditioning; and, underground petroleum storage tank removal. A general overview of the proposed concept would include: building a new fire station on 63rd Avenue North for less than combined remodeling; remodeling the Dupont fire station without expansion of the garage and duplication; expanding the police department into all of the current building and building garages, remodeling first floor space into complying jail space, providing adequate locker and restroom facilities for both male and female officers, and providing adequate evidence space; moving police administration, records, investigators, etc., to the second floor with minimal remodeling; replacing the office space used by police with rectangular office space that would connect the existing city hall/police with the community center; and, addressing some of the ADA deficiencies in a combined fashion (i.e., an elevator to serve both the new building and the community center) and making the whole complex more citizen accessible by having one entrance area to both city offices and the community center • 1/27/97 -12- W u I A R F } on ground level adjacent to convenient parking. • General discussion ensued. A motion was made by Councilmember Lasman requesting staff proceed with developing plans, working out several issues, conducting public meetings and holding open houses, and refining a possible financing proposal. The motion was seconded by Councilmember Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn the meeting at 9:05 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: • LeAnn Larson • 1/27/97 -13- �b OWN CE1yT� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: February 10, 1997 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle Application) Earle Brown Elementary PTA • On February 10, 1997, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from the Earle Brown Elementary PTA. This application is for an event to be held at the Earle Brown Elementary School, 5900 Humboldt Ave N, on Friday, March 7, 1997. This application has been approved and will be returned to the Earle Brown Elementary representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. Scott Kline Chief of Police SK:kh j LG220 Rev06 /96 Minnesota Lawful Gambling For Board Use only Application forAuthorization for an Fee Paid • Exemption from Lawful Gambling License Check # Initals Date Recd Qrganizafian Information Organization Name Previous lawful gambling exemption number 6L t3ruwr\ 5ternevl P T71 -1 Street City State Zip Code County 5 Pufnbol,44 ave. PJ. , Broo r Cerra 011 , 554 30 uGrt n (VI Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name JQ,rlicz-_ 7kie,iS?.n (�la) 5ioo - asSo Name of rganization reasure irst Name Last Name Daytime Phone Number of Treasurer (7ebb 1Darnond (bl� 5 o s Type of ltForrprafif �?rganizatron x. •. ;: n ta DIY' 6 � :,.��: Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization. ❑ F7 Fraternal IRS letter indicating income tax exempt status F Veterans ❑ Certificate of good standing from the Minnesota Secretary of State's office ❑ Religious ❑_ charter showing you're an affiliate of a parent nonprofit organization ( ] Other nonprofit E , Proof previously submitted and on file with the Gambling Control Board ; GarxblEng es. /nfarmatror f. 3 Name of Establishment where gambling activity will be conducted a(l e 6O wm S1 ea &rn. ✓�,L Street t City State Zip Code County SiDo kn4lo)d+ ale. Date(s) of activity (for raffles, indicate the date the drawing) M a{ch Check the box or boxes which indicate the type of gambling activity your organization will be conducting ❑ *Bingo [E Raffles ❑ *Paddlewheels 0 *Pull - tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date & Initials of Specialist Local `Unit of Government Jurisdiction> Is this gambling premises located within city limits ?® Yes Q No • If Yes, write the name of the City: City Name '�rooW !� n If No, write the name of the Coun ty P and the Township: County Name Township Name Check the appropriate status of the Township: organized p (� g Q unorganized Q unincorporated .! t f i :fx t 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control remises is within city limits. p tY Board if it is denied b the local unit government of Y 2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class ) from the date the local unit of v 9 o emment signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature ofperson receiving application Signature of person acknowledging application Date Received: Date Signed: Title of person receiving application Title of person acknowledging application I have read this application and all information is true, accurate and complete. Date: �- f `� ! 9 7 A ubmit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W.. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in altemative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. t • Hearing impaired individuals using a TDD may call the Minnesota Relay Service at -1-- 800 -627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. � CENTF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, Manager Y� Y g FROM: Scott Kline, Chief of Police DATE: February 5, 1997 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle Application) - North Hennepin Community College Foundation On February , 1997 the Brooklyn Center Police Department received an Y Y p Application for Exemption from Lawful Gambling License from the North Hennepin Community College Foundation. This application is for an event to be held at the Earle Brown Heritage Center on April 25, 1997. This application has been approved and will be returned to the North Hennepin Community College Foundation representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days accordin g to Minnesota State Statute. Scott Kline Chief of Police SK:kh • nhccf97.mem LG220 For Board Use Only RevO6 /96 Minnesota Lawful Gambling — Application for Authorization for an Fee Paid • Check # Exemption from Lawful Gambling License Initals Date Recd Organization Information 3 Organization Name Previous lawful gambling exemption number North Hennepin Community College Foundation Street City State Zip Code County 7411 85th Ave. N. Brooklyn Park MN 55445 Hennepin Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name Mel Bahr (612 ) 425 -8808 N ame of rganization I reasurer Daytime Phone Number of Treasurer First Name Last Name Darcy Hitesman 6 12 )343 -5617 Yli Type of Nonprofit Organization #_ Ch ` eckhe box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: 0 IRS letter indicating income tax exempt status [] Fraternal F veterans [] Certificate of good standing from the Minnesota Secretary of State's office (� Religious A charter showing you're an affiliate of a parent nonprofit organization Other nonprofit Proof previously submitted and on file with the Gambling Control Board P P Y 9 Gambling Premises anf ©rmation S E s t ablish m en t . F r.. I' it IY rr�� r a� Inn activ n co Qllf�. o f ..stabllsh m ..nt �r .Il,.. a all lb..., QV�..II w b.. g Earle Brown Heritage Convention Center Street City State Zip Code County 6155 Earle Brown Drive Brooklyn Center MN 55430 Hennepin Date(s) of activity (for raffles, indicate the date of the drawing) .April 25, 1997 Check the box or boxes which indicate the type of gambling activity your organization will be conducting 0 *Bingo CE Raffles F *Paddlewheels 0 *Pull -tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only Date &Initials of Specialist the reverse side of this application. f Z Local Unit of Government Jurisdiction Is this gambling premises located within city limits? Yes No If Yes, write the name of the Cit : City Name vo bl If No, write the name of the County and the Township: County Nam f Xetin_yirr Township Name r e r Check the appropriate status of the Township: [ Q unorganized [::]unincorporated Local :,Unit Of Government Acknowledgment w 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. NOTE: A To% %mship may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application Date Received: Date Signed: Title of person receiving application Title of person acknowledging application Oath' of Chief ExecutNb Officer 1 have read this application and all information is true, accurate and complete. Date: "7 Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. Hearing impaired individuals using a TOO may call the Minnesota Relay Service at 1- 800 - 627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. LYN C r . / BROOKLYN CENTER �NTF9 0 POLICE DEPARTMENT POLICE MEMORANDU TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: February 18, 1997 SUBJECT: Application For A Minnesota Lawful Gambling License (Pull Tab Machine) - Brooklyn Center Fire Dept Relief Association On February 18, 1997, the Brooklyn Center Police Department received an Application for a Minnesota Lawful Gambling License to operate a pull tab machine from the Brooklyn Center Fire Department Relief Association. This application is for a request to operate one pull tab machine at the Duoos Brothers Legion Post #630 located at 4307 70th Avenue North. • The State Gambling Control Board requires a city council resolution approving the issuance of the license in order for them to take any action on the license. As such, if the license is approved, a certified cony of the resolution must be returned to us. All necessary background checks have been completed by the police department. There was nothing found that would preclude the above from being issued a Minnesota Lawful Gambling License. Per this memo, I am requesting that this item be put on the council agenda for consideration. Scott Kline Chief of Police SK:kh • Wd97.mem Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center; and WHEREAS, the Brooklyn Center Fire Department Relief Association has submitted all appropriate fees and necessary documentation for their liquor license and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the manager and all named officers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; NOW THEREFORE BE IT RESOLVED b the City Council , y y ounce of the City of Brooklyn Center that the issuance of a lawful gambling license to the Brooklyn Center Fire Department Relief Association to operate a pull -tab machine at the Duoos Brothers Legion Post #630 is hereby approved. Date Mayor ATTEST: City 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. PROCLAMATION DECLARING MARCH 2 THROUGH 9, 1997, AS VOLUNTEERS OF AMERICA WEEK WHEREAS, the Volunteers of America, a Christian human service organization, is celebrating its 101st • year of service to the people of Minnesota and the nation; it is therefore certainly appropriate for us, the City of Brooklyn Center, to join in the observance of this milestone with the commemoration of March 2 through 9, 1997, as Volunteers of America Week; and WHEREAS, the Volunteers of America is making a valuable contribution by providing these services to adults and the elderly: nine homes for mentally disabled, mentally ill, chemically dependent and /or elderly adults; congregate dining for seniors at 43 sites in Anoka and Hennepin Counties; transitional housing for women and their families in Aitkin, Chisago, Isanti, Kanabec, Mille Lacs, and Pine Counties; home delivered meals for persons 60 years of age and over; semi - independent living services; three housing complexes for families, the handicapped, and the elderly; three assisted living communities; and four long -term health care facilities; and WHEREAS, the Volunteers of America provides these services for children and youth: a children's day care, programs serving autistic, autistic -like, and /or developmentally disabled youth; children's shelters; in -home services; 52 foster treatment homes and correction group homes; a residential treatment center for emotional) handicapped boys; a specialized Y PP Y P behavioral program for boys with severe problems; short-term after care for youth with special needs; and • WHEREAS, the Volunteers of America provides two correctional services: a pre - release and work - release correctional program serving men and a jail, workhouse, and work - release correctional program serving women; and WHEREAS, the Volunteers of America, through its dedicated staff and volunteers and the many people who help support their work through financial contributions make a significant impact on the lives of people in Brooklyn Center; and WHEREAS, the Volunteers of America is commemorating its founding in 1896 and urges others to join them in bridging the gap between human needs and the resources of the public and private sector. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of March 2 through 9, 1997, as Volunteers of America Week in the City of Brooklyn Center. Date Mayor Attest: City Clerk MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: February 18, 1997 SUBJECT: Resolution Amending the 1996 General Fund Budget to Increase Appropriations for Various Operating Departments The attached resolution adjusts the 1996 General Fund Budget so that no department exceeds its appropriation. This adjustment is necessary because of the eighteen month span of time between budget preparation and the conclusion of the budget year. Three departments exceeded their appropriations during 1996. The Commissions Department has an appropriation of $1,500 for the Charter Commission as required by statute. This is sufficient in most years, but is quickly used up for legal costs any time they do more than a minimal amount of work. An additional $500 is needed for 1996. The attached memo prepared by Jim Glasoe explains the needed adjustments to the Government Buildings and the Community Cen • g y ter budgets. The Adopted 1996 Budget originally contained $124,461 in the Contingency Account. A series of resolutions during 1996 used $30,115 of that original balance. These included $835 for police squad purchases, $11,500 for special election costs, and $17,780 for the purchase of a fire rescue truck. This resolution takes $88,500 from the Contingency Account to leave a final balance of $5,846. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AMENDING THE 1996 GENERAL FUND BUDGET TO INCREASE APPROPRIATION FOR VARIO OPERATING FUNDS WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to transfer unencumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, Section 7.09 of the City Charter does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, in the course of carrying out city operations during 1996, some departments found it necessary to operate at higher levels of activity than was anticipated in the 1996 budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn • Center to amend the 1996 Annual Budget to increase the appropriation for the following General Fund departments with an offsetting reduction in the appropriation for the Contingency Account as follows: Commissions $500 Government Buildings 36,000 Community Center Programs 52,000 Total $88,500 Date Mayor ATTEST: City 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. Public Services Department • MEMORANDUM Govt Buildings `U' TO: Charlie Hansen Engineering 44L FROM: Jim Glasoe Streets SUBJ: Response to P iminary 1996 Budget Results DATE: February 18, 1997 Parks Public Per your request, I have analyzed the Government Buildings and Utilities Community Center budgets in an attempt to identify why expenditures i were higher than anticipated in the respective divisions. Recreation With respect to Government Buildings, almost 94% of the overage can be s traced to much higher than anticipated utility charges. With significant rate increases in both electric and natural gas rates, these charges alone • account for more than $32,000 of the over expenditure. Although energy Central consumption was up as a result of a warm summer and a colder than Garage normal winter, budget allocations should have been sufficient if not for the rate hikes. In addition to the utility charges, the additional overage can be traced to increased overtime expenditures necessitated by excessive staff turnover in the custodial area. As our custodial /maintenance staff has now stabilized, overtime expenditures for 1997 should be within the budgeted allocations. With regard to the Community Center, a number of areas have been identified as contributing to the increased expenditures. Overtime charges: Overtime expenditures for custodial staff were again necessitated by excessive staff turnover. As stated above, these expenditures are not anticipated for 1997. Supplies; As you know, supplies are often the most difficult expenditures to predict. This task is made even more difficult when you must predict how much maintenance a twenty -five year old building will need. In • 1996, repair and maintenance supplies over runs accounted for more than 20% of the over expenditure. These expenditures were, for the most part, not discretionary items, but ones that were necessary to keep the Community Center • building and systems functioning properly. In addition to the repair /maintenance supplies, cleaning supplies also contributed to the over expenditure. As a part of our former janitorial contract, the contractor supplied most of the cleaning products for the buildings. As a result of the switch from contractual to in -house custodial functions, the cleaning supplies were under estimated. The allocations have been increased for 1997 and should be sufficient. In addition to the above supplies, we have identified some expenditures in which items were purchased in bulk to assure lower prices, many items of which we still have inventory on hand. These items include, wrist bands, swimming goggles and suits. Of these items, approximately $5,000 in inventory remained at year end, and is currently being sold. Advertising: Advertising efforts for 1996 were increased in an attempt to raise additional revenues. All advertising is being reevaluated for 1997 for effectiveness and is anticipated to be within budgeted allocations. Equipment Repair and Maintenance: As with the repair supplies, equipment repair and maintenance expenditures were much higher than anticipated. Accounting for more than 38 % of the over expenditures, unanticipated repairs included an air dryer for pneumatic controls, repairs to the building humidification system, excessive pool vacuum and pool step repairs, ® and repeated repair of pool lights and ballasts. Utilities: As with Government Buildings, increased utility charges accounted for almost 35 % of the over expenditure. Again, excessive rate increases and "cost of supply" adjustments in electrical and natural gas rates account for the majority of this overage. As always, if you have any questions or need additional information, please let me know. cc: Diane Spector File • V MEMORANDUM IS TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: February 19, 1997 SUBJECT: Resolution Creating a Police Drug Forfeiture Fund, Transferring Moneys from the General Fund, and Authorizing the Appropriation in 1997 of Amounts Unspent in 1996 The attached resolution creates a special revenue fund to handle Police drug forfeiture moneys. These were handled in an account within the General Fund in the past. The separate fund is a cleaner e tr atment of these activities, especially for moneys collected in one year and not spent until the next. Appropriation of drug forfeiture money was last made on July 8, 1996 when Resolution 96 -129 authorized the expenditure of $29,704. Of that money, $2,638 remains unspent as of the end of the year. The unspent money related to the fact that MP -5 guns weren't delivered until year end which prevented training, ammunition purchases, and range rental expenditures from taking place as planned in 1996. Another $3,110 in drug orfeitures was collected through g g the end of 1996. • The resolution transfers these amounts totaling $5,748 to the new special revenue fund as of January 1997 ary It also authorizes the expenditure in 1997 of the amount unspent in 1996. The other $3,110 will remain in the special revenue fund until the City Council authorizes its expenditure. adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION CREATING A POLICE DRUG FORFEITURE FUND, TRANSFERRING MONEYS FROM THE GENERAL FUND, AND AUTHORIZING THE APPROPRIATION IN 1997 OF AMOUNTS UNSPENT IN 1996 WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to order the creation of such funds as may be needed to properly account for the financial activities of the City; and WHEREAS, there now exists the need to account for drug forfeiture money received by the Police Department which requires that a Drug Forfeiture special revenue fund be established to properly segregate these activities; and WHEREAS, creation of the Drug Forfeiture fund also requires that unspent forfeitures collected in the past in the General Fund be transferred to the special revenue fund; and WHEREAS, there remains $2,638 in the General Fund that was authorized to be spent by Resolution 96 -129 but which remains unsent; and • WHEREAS, there remains $3,110 in the General Fund that was collected late in 1996 but for which no action was taken to authorized its appropriation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That the classification of funds shall be expanded to include a Drug Forfeiture special revenue fund. 2. Funds in the amount of $5,748 will be transferred from the General Fund to the Drug Forfeiture special revenue fund as of January 1, 1997 fund to provide initial funding. 3. Appropriations of $2,638 originally authorized by Resolution 96 -129 in the General Fund for 1.996 will be carried forward to the Drug Forfeiture Fund and authorized in 1997. Date Mayor RESOLUTION NO. ATTEST: City 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. • 6h MEMORANDUM DATE: February 19, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineers SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 1995 -05, Contract 1996 -C, 69th Avenue Improvement Project(Shingle Creek Parkway to Dupont Avenue North) On May 13, 1996, the City Council awarded a contract for the subject improvement to Thomas & Sons Construction Inc. of Rogers, Minnesota. The contract amount was $1,826,893.81. As provided per Resolution No. 96 -99, approved by the City Council, a 10 per cent contingency in the amount of $182, 689.38 was added to the original contract bid for a total project contract cost of $2,009, 583.19. The contingencies are added to cover the cost of construction for those items that are unknown at the time of plan • preparation, omissions and utility conflicts. The total amount of Change Order No. 1 is $41,188.89, or 23% of the approved 10% contingencies. The Contractor and Engineering Department agree to carry any extra work invoices and overruns of quantities until the contract has been substantially completed. This eliminates the necessity to prepare change orders each month for Council approval. The City also benefits by continuing interest earnings on unexpended funds. 69th Avenue from Shingle Creek Parkway is essentially complete with the exception of some miscellaneous springtime sod and driveway repairs, typical of any project of this nature. This project does not included a separate contract for tree replacements and landscaping that will be completed in 1997. Change Order No. 1 includes the following items: grouted rip rap beneath the new bridge for added stabilization, replacement of hydrants and valves found to be aging and in need of replacement, temporary water service lines for businesses along the south side of the roadway, and the replacement of other small portions of sewer pipe and other infrastructure discovered during the course of the project. The total amount of Change Order No. 1 ($41, 188.89) can be broken down as follows: • • Roadwa y($22,905.41), which includes the grouted rip rap, irrigation system repairs, and hydrant adjustments (eligible for State Aid reimbursement). • Water Main ($17,233.35), which includes manhole reconstructions, valve replacements, and temporary water service (to be funded from the water utility fund). • Sanitary Sewer($1,050.13), which includes miscellaneous sewer repairs and replacements (to be funded from the sanitary sewer utility fund). It is recommended that the City Council approve Change Order No.l in the amount of $41,188.89. A resolution is attached for Council consideration. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE NORTH, SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH, STREET, BRIDGE REPLACEMENT, ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City Council on May 13, 1996, by Resolution No. 96 -99 awarded Improvement Project No. 1995 -05, 69th Avenue North, Shingle Creek Parkway to Dupont Avenue North, Street, Bridge Replacement, Roadway, Drainage, and Utility Improvements to Thomas & Sons Construction, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved and payment is authorized to Thomas & Sons Construction in the amount of $41,188.89. 2. The original contract in the amount of $1,826,893.81 is increased by $41,188.89 and the amended contract shall be $1,868,082.70. 3. Change Order No. 1 shall be financed by Municipal State Aid Funds ($22,905.41), the Water Utility ($17,233.35), and the Sanitary Sewer Utility ($1,050.13). Date Mayor ATTEST: City 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. t�J ' • MEMORANDUM DATE: February 19, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos. 1996 -06, 07, and 08, Contract 1996 -G, Logan, James, Knox, and 57th, Street, Storm Drainage, and Utility Improvements On June 10, 1996, the City Council awarded a contract for the subject improvement to Northdale Construction, Inc. of Rogers, Minnesota. The contract amount was $2,025,046.07. As provided per Resolution No. 96 -115, approved by the City Council, a 15 per cent contingency in the amount of $303,756.91 was added to the original contract bid for a total project contract cost of $2,328,796.07. The contingencies are added to cover the cost of construction for those items that are unknown at the time of plan preparation, omissions and utility conflicts. The total amount of Change Order No. 1 is $50,120.96, or 17% of the approved 15% contingencies. The Contractor and Engineering Department agree to carry any extra work invoices and overruns of quantities until the contract has been substantially completed. This eliminates the necessity to prepare change orders each month for Council approval. The City also benefits by continuing interest earnings on unexpended funds. At this time, Logan, James, and Knox Avenues are essentially completed, while the 57th Avenue portion (between Humboldt Avenue and Camden Avenue) is substantially complete with installation of the bituminous wear lift, sidewalk construction, and turf and boulevard restoration work remaining. Change Order No. 1 includes the following items: storm sewer adjustments, additional Class 5(crushed rock) for temporary driveways, replacement of water valves found to be in aged and deteriorating condition, and revisions to the size of certain water main quantities from the sizes and quantities originally specified. The total amount of Change Order No. 1 ($50,120.96) can be broken down as follows: • Roadway ($12,181), which includes additional storm drainage work and adjustments, and driveway adjustments (eligible for State Aid reimbursement). The additional storm drain work consists of additional drainage structures and quantities that were needed, but not included on the original bid proposal. Additional driveway base materials were ordered • to provide an adequate driveway base for temporary driveways for residents until concrete driveway aprons are completed in the spring. Water Main ($ »,456.51), includes the replacement of leaky valves and tees, discovered during the course of the project. This amount also includes revisions to correct sizes and quantities of water main that were missed on the original bid tabulation(i.e., certain segments of 6 inch diameter pipe were originally specified, where 8 inch or 10 inch should have been specified). • Storm Sewer Utility ($4,483.45), includes additional storm drain work consisting of the relaying of an isolated portion of sewer pipe due to unforeseen utility conflicts that were unknown at the time of excavation. An item for saw cutting concrete payment was not included in the original bid tabulation, and has been added as a result of the work that was required during construction. It is recommended that the City Council approve Change Order No. l in the amount of $50,120.96. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 1996 -06, 07, AND 08, CONTRACT 1996 -G, LOGAN, JAMES, KNOX, AND 57TH, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City Council on June 10, 1996 by Resolution No. 96 -115 awarded Improvement Project Nos. 1996 -06, 07, and 08, Logan, James, Knox, and 57th, Street, Storm Drainage, and Utility Improvements to Northdale Construction, Inc. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved and payment is authorized to Northdale Construction, Inc. in the amount of $50,120.96. 2. The original contract in the amount of $2,025,046.07 is increased by $50,120.96 and the amended contract shall be $2,075,167.03. • 3. Change Order No. 1 shall be financed as follows: A. Municipal State Aid Funds - $12,181 ($10,930.86 to S.A.P. 109- 10- 03(Logan Ave.) and $1,250.14 to S.A.P. 109- 103- 01(57th Avenue)) B. Water Utility Fund - $33,456.51 C. Storm Drain Utility Fund - $4,483.45 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. (� J • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: Feb 20 1997 February , SUBJECT: Licenses for Council Approval The following g have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on February 24, 1997: • MECHANICAL SYSTEMS Excel Air Systems, Inc. 2075 Prosperity Road, Maplewood North Suburban Heat & Air 19066 Jasper NW, Anoka Owens Services Corporation 930 East 80th Street, Bloomington Preferred Mechanical Services, Inc. 7643 Logan Ave. S. Richfield g , River City Sheet Metal, Inc. 10105 Linnet St NW, Coon Rapids RENTAL DWELLINGS Initial: Imo Lane 5937 Camden Ave. N. William Washington 5239 -5241 Drew Ave. N. Renewal: Evangelical Lutheran Church of the Master Brookdale Manor Norman Chazin Carrington Drive Center Park Senior Apartments, Inc. Maranatha Place Norman Chazin 6037 Brooklyn Blvd. Nancy Dahlquist 4700 Lakeview Ave. N. City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness and Councilmembers C y, Hils Las , and Peppe FROM: Michael J. McCauley, City Manager DATE: January 23, 1997 SUBJECT: JE T. Moratorium on Pawn Shops Attached please find the materials prepared by Ronald A. Warren and Charles L. LeFevere. To summarize the materials, Mr. Warren has identified several potential zoning issues not currently addressed in our zoning code. Basically the zoning issues potentially to be considered would be the City of Richfield approach which provides for certain distances between pawn shops and other specified uses, and the second issue is whether the City, in looking at the general commercial zoning, would identify portions of the C -2 zoning that perhaps should be rezoned to some other commercial designation, which commercial designation would not include a regional • operation such as a pawn shop. With respect to licensing, the City's very comprehensive licensing ordinance would appear to P b address the public concerns regarding the operation of a pawn shop. If the City Council wished to consider a moratorium, it would have to relate to zoning since the licensing issues are fairly well explored and addressed in the ordinance. As indicated in Mr. LeFevere's memorandum, there are several issues that are involved in the whole concept of a moratorium. To summarize, in response to the Council's direction, staff has reviewed possible areas of consideration that would support or provide a rational basis for considering further study of the City's zoning as It would relate to pawn shops. That review has generated two basic categories of zoning matters. The first relates to the City of Richfield approach to providing specific distance limitations for pawn shops, and the second relates to whether portions of the City currently zoned C -2 are sufficiently different in character from other areas zoned C -2 (i.e., comparing the large regional C -2 zones generally west of Highway 100 with the smaller C -2 zoned areas north and east of Highway 100 having significantly smaller land masses and more influence by residential areas). 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 - City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 - FAX (612) 569 -3494 An Afrmative Action /Equal Opportunities Employer MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren Planning d Zoning S ecialist n• g g P Subject: Pawn Shops Date: January 22, 1997 You have requested me to do a quick survey of some metro area suburban communities with respect to how they deal with pawn shops under their zoning regulations as opposed to licensing requirements. You have also requested comments on how the City might provide some zoning regulations in response to City Council questions about pawn shops. Attached for your review are copies of a recent survey of various municipalities with particular attention to licensing requirements. I attempted to contact a number of these communities to try to ascertain if they had special zoning requirements. For the most part, these communities, with • the exception of Edina and Maple Grove, allow pawn shops in general commercial zones (one also allows them in an industrial zone). Bloomington and Richfield classify pawn shops as conditional uses requiring a public hearing and city council approval in addition to their licensing provisions. The balance of the communities allow pawn shops as permitted uses: The communities I contacted regarding zoning regulations included Blaine, Champlin, Eden Prairie, Edina, Fridley, Golden Valley, Richfield and St. Louis Park. These communities regulate pawn shops primarily through licensing regulations with the pawn shops being permitted uses in commercial zoning districts. Some communities have licensing restrictions prohibiting pawn shops from being within certain distances of churches and schools. Three hundred feet seems to be a common distance. Two communities I contacted, Fridley and St. Louis Park, limited the total number of pawn shop licenses within the city to three. Two communities Edina and Maple rove indicated their zoning ordinance does not permit p G � g P pawn shops in any zoning district. Both communities, however, acknowledged that this was probably an indefensible position and they will have to establish regulations allowing such uses. One community I contacted, had more detailed zoning regulations regarding pawn shops than others. Attached is a copy of a portion of the City of Richfield's Zoning Ordinance relating to pawn shops. They establish a 1,000 ft. separation from schools, churches, daycares, public libraries or government buildings and also require 1,000 ft. separations from other pawn shop • operations, second hand goods operations, auction houses or consignment`auction houses. Also, pawn shops are not allowed to be within 250 ft. of residentially zoned property. • We have discussed the possibility of establishing a separate neighborhood commercial zoning district that would allow only certain neighborhood oriented commercial uses, not including pawn shops. Non - neighborhood oriented commercial uses would be restricted to commercial zones not in close proximity to neighborhood areas. Another way of dealing with this issue might be to prohibit pawn shops from abutting, or being within a certain distance of, any residential zone. We do this currently with gas stations, car washes, amusement centers, saunas and massage parlors. These may be areas that the City Council might wish to look at in terms of regulations relating to pawn shops. I hope this memo adequately addresses your inquiry. If you have other questions or need additional information, please contact me. • Y0__1 MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speciali ri Subject: Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Brookdale Mitsubishi) Date: February 20, 1997 On January 13, 1997 the City Council adopted Resolution 97 -09 which approved Planning Commission Application No. 96017 submitted by Brookdale Mitsubishi. This application was a request for rezoning and Planned Unit Development approval for the development of an approximate 18,000 sq. ft. Mitsubishi dealership on 7.035 acres of land located along the west side of Brooklyn Boulevard, northerly of Shingle Creek. One of the conditions of that approval required the applicant to replat the various parcels into a single parcel and that this replat be given final approval and filed with Hennepin County prior to the issuance of building permits for • the project. On January 27, 1997 the City Council approved Planning Commission Application No.97002 submitted by Brookdale Mitsubishi requesting Preliminary Plat approval to combine the four parcels of land which were a part of the previously mentioned Planned Unit Development into a single parcel. Also at that time, the City Council considered a first reading on an ordinance amendment relating to Chapter 3 5 regarding the zoning classification of this land. This `is a housekeeping -type ordinance amendment and would redescribe the properties rezoned through the Planned Unit Development approval b utilizing the new legal descriptions created through P pp Y g g p g this platting process. The applicant has not submitted the final plat for this property, therefore, the legal descriptions utilized in the zoning ordinance amendment are non - existent. It is recommended that the City Council, following the scheduled public hearing on this ordinance amendment, take any additional public input and then close the public hearing. The ordinance amendment should be tabled until Brookdale Mitsubishi has received final plat approval for the subject property and filed that plat with Hennepin County. • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 24 day of February, 1997 Y g P g � Y > at at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKDALE MITSUBISHI) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner. • Section 35- 1170. SERVICE /OFFICE DISTRICT (C -1). The following properties are hereby established as being within the (Cl) Service /Office District zoning classification: [Lots 1 and 2, Block 1, Piccadilly Pond Addition.] Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: [Lot 3, Block 1, Piccadilly Pond Addition.] Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Lot 1 Block 1, Metro Motors Addition: Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication Adopted this day of P Y , 1997. ORDINANCE NO. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • MEMORANDUM • DATE: February 14 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Public Hearing Regarding Proposed Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West Street, Storm Drainage, and Utility Improvements; and Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications, Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West, Street, Storm Drainage, and Utility Improvements S Summary Explanation The proposed projects (Improvement Project Nos. 1997 -01, 02, &03) include roadway, storm drainage, and utility improvements for the Orchard Lane West Neighborhood, more specifically all streets in the City located west of Orchard Avenue North and south of 1- 94/694, except 63rd Avenue(Figure 1). The project was established by the City Council on October 15, 1996. On November 13 and December 5, 1996, public information meetings were conducted. On January 27, 1997, the Council adopted Resolution No. 97 -27, that received the Engineer's Feasibility • Report and scheduled a public hearing for February 24, 1997 to consider these improvements. The proposed improvements can generally be described as follows: replacement of the existing g streets with new bituminous surfacing and concrete curb and gutter, storm sewer installation, repair and replacement of existing sanitary sewer mains, replacement of all water mains, and street light replacements. Additional street lights will also be installed at locations where allowed under the City's street lighting policy. The attached Engineer's Feasibility Report Summary describes the project improvements, costs, and schedule in more detail. Assessments In accordance with the City Council's policy regarding improvement projects in residential areas, ro osed assessments have been n ma P de on a unit basis. The Councils 1997 residential um 't rate for street reconstruction is $2,000 per parcel. The Council's policy regarding special assessments for storm drainage improvements provides that a specified percentage of the storm sewer costs be assessed to benefitting properties. The calculated rate proposed to be assessed for storm drainage improvements for Improvement Project 1997 -02 is $650 per parcel. The public hearing will not consider the proposed assessments. If the Council approves the Improvement Projects, a separate assessment hearing would be scheduled for September, 1997. • • • CITY O F BROOKLYN PARK 64 6CN 61sT 2 79 "" "D aNNSON s3— ,1p -21 -13 -61,3 O 3J'- 11 - 21- +3-•0112. ° BROOKLYN CENTER CITY LIMITS ° w � 6]24 pl a; 3401 s 4 �0 4, tw 63ib � ° bJ1J E a i $ N 6312 J q w i Q 1 ° co °' N n O 6367 3300 6367 3306 630) SJ08 5707 6306 $3J1 S j 5336 N o 6370 :; 6331 5370 ° + ° ° ° 5300 6361 5300 6301 6300 5� +' 6300 1 6324 i' 6324 6231 6230 3231 6230 6326 i• 5325 {� Y O 0230 5231 6270 6310 6710 '•:� 6315 6300 w w 6223 3224 6226 0224 6319 -r3� 6319 w mow. Y' N 6223 6224 5223 6224 VVV 0313 6317 6312: 6717 6312 6303 N a a w 6210 0210 6210 6Yle 6312 !",... a i 5210 6218 5215 6307 6708 6307 �� H : :$[: 5307 63� 6301 Poo 6210 6219 6212 6Z1J 3212 6217 6212 6213 5212 n :1 +t 5213 6212 _ 6301 5700 :: Sol 5205 3206 d}qi 6300 5300 5213 00 : I;t;:i:!. �I?a: a' 6217 5206 3207 3207 az07 6206 63 6301 3219 0212 :::i: t;t•:;:• 3212 0207 52 5207 6200 p�: 6213 3212 y 3201 620► 6212 5213 i;i;i�!:! 1�.•y: 5207 o w C ° 6250 6201 0200 6200 5213 3207 5206 i:: 4:7 �aQ ;'. 520) 5205 w 3 r R 6131 T 6130 �'•�. 0208 °i 6131 6130 3131 6130 O 3207 w w w w, 6130 5124 6200 6201 _ P A w 6124 6123 • 3124 3123 v w Ln 6124 5123 6115 A 9 y SC0 1 , A�• N• °� 3113 �SC N silo 6119 � ails 3119 ens anY 0116 sill 3112 3112 y n O 3113 6113 3112 3113 + 6112 3113 •0- 3112 3113 3112 6106 sloe st07 3107 D g w 6106 3107 6107 5106 3107 aloe _ 3100 101 :; 3107 ql f� g j 5105 r $ �,3 tJ s . /�•• ° D •i '' 5101 u i3• J u 3100 5101 Z SIB Std 6100 3101 5100 SI01 5012 3013 3 T ASE• N• 111 w w a 5013 6013 5012 5013 3020 K EN w i :; 6019 3 3 1, � 9 ° a sol Z -.'I o N + 3 007 aot 0007 601 5007 5006 0 O �i N n w 3005 6001 5001 0000 6013 t•1'. $ ° w ± �. + 3001 6000 6001 5014 4915 3 3 pt 300 t t?� o ib' u n �i 004 3505 4919 3007 3 39 a S v u w 4019 4919 5000 4913 4912 b rl !, 6001 o 4912 4913 4901 4906 -- w o w w '• � O N n ♦ o 4919 49211 4007 O 8i N o j O N a + 6 :'• p. ; }pp;! q� w g ,� o• U 4000 619 4907 3 �°. :( °�+ 490 a Ui v ��•+ S u � [wai. S`3 E '9 4 4616 s 9 G Oats 4012 4901 PERRY A VE. g ° Q 4811 N w t O N 4607 4806 q a + 4. Yr M 4601 4600 r�. s O• j 4801 x O Recommended City Council Action Staff Presentation. Open the public hearing on the proposed projects, take public comment, and close the hearing. Consider the improvement projects. A resolution ordering Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West, Street, Storm Drainage, and Utility Improvements, and authorizing the preparation of plans and specifications is provided. • M. �th►tr�' Cotic � No address given No Water sits in the Brown, cloudy water. Speeding vehicles. Put speed bumps on street on Eleanor the roads to reduce speeding. & Scott 4913 61st Ave No 1 Water on west side Pressure not great, buy drinking Will blvd. tree need to be removed and of basement after water will they have to pay for removal? very heavy rains 5007 6 l st Ave No No No Happy with neighborhood now. Hope it doesn't deteriorate. 5206 62nd Ave Every 6 months 1 No Low water pressure, cloudy in Larger sewer lines needed, water lines need morning until it's run for several work. Requests City part of sewer line be minutes replaced into his yard. 5212 62nd Ave No 1 No No Unhappy with airport traffic & noise. 5307 62nd Ave Every 12 -18 "Trees" No No None months 4811 63rd Ave No No No Speeding on 63rd 4901 63rd Ave Once No No Neighborhood appearance (junk cars, poor upkeep of yards). Speeding on several streets 5207 64th Ave Once a year Flooding after Poor pressure, smells, rusty Very supportive of project, "should be heavy rain commended for a fine job" 5213 64th Ave Once every 3 -5 yrs No Pressure is moderate at best. Intend to sell property in `97. Not happy Quality varies. about assessments, don't see any benefit, and question how saleable the home will be with a 20 ton earth mover in front yard. 5300 64th Ave About 10 yrs ago No. Occasional No Husband is handicapped & wheel chair backup at corner of bound. Will have special needs. Scott & 64th if rain is extremely heavy. "Y Y l� ) . ..............�'.�.i?�s.... term... ... ;,..:., _;: 5309 64th Ave No Water has backed Problems for 20 yrs. Bad odor and, None up from street onto taste, poor pressure, dirty. yard. Located one Replaced pipes & City took old block from storm pipes for testing. sewer 5000 65th Ave Every 2 years 1 No Buy bottled water, concerned about Speeding, increase street lighting. Strong water quality. concerns about blvd tree removal. Review survey. 5006 65th Ave 4 times in 37 years No Good pressure. Good quality Would rather not have the project. Retired on limited income. 5001 65th Ave N No No No Doesn't want to be put through the mess like the Orchard East project. Saying "no" to Fiasco #2. 5007 65th Ave No No Quality not good. Installed softener Appreciate code enforcement efforts & drinking water system 5012 65th Ave Twice in 15 yrs 2 No I lad pipes replaced 2 yrs ago None 5013 65th Ave Once a year 1 No Water pressure, rust Noise pollution, speeding on 65th, more street lighting, better snow removal. 5100 65th Ave Every 5 years Drainage slow from Yes (no additional comments) Enforce speed limit, more street lighting and drains in house code enforcement for yards and buildings. 5101 65th Ave Roto Rooter 1 No No None couldn't get through. 5113 65th Ave Cleaned in June, Water in back yard Water pressure and quality. Speeding cars, loud music, more street also a few yrs ago. in spring, lighting. 5130 65th Ave New resident, Just New resident "Fishy" taste, low pressure Want block watch info. Would like to see don't know removed stop sign on Scott at 65th. Barking and one crying dog —all night long. 5206 65th Ave No Back yard drainage Smells, bad taste Speeding during spring melt 5306 65th Ave "twice Yes No Quality Can cement driveway be put in at same time curbs are put in? Y)1 anx 5313 651h Ave No Corner of 65th & Terrible taste Street light between 65th & 63rd on Unity Unity 5000 66th Ave No No Occasional slight odor. Much Streets seem to be in good condition. & new better than 5 yrs ago. style street lights are nice. Curbs would be an improvement but cost and disruption to streets are too high a price to pay. 5012 \66th Ave No No. Drainage is No "Basis for sewer improvements is in error." good. Wants to see tape on his sewer to establish claim. 5013 66th Ave No No Low pressure Improve street lighting by 3 or 4 times over existing conditions. Requests block watch information. 5020 66th Ave Twice in 10 yrs I No No None 5118 66th Ave Once 1 No No Concerned about parking inconvenience during construction and mud filled streets. 5124 66th Ave Every 2 years Water in basement No Traffic too fast. after heavy rain. 5125 66th Ave Once a year Water at end of Low pressure Too much traffic, need more street lights and driveway code enforcement 5130 66th Ave No Yes, (no comments No None written) 5212 66th Ave No Flooding in street, Smells like sewer in spring. I -lard More street lighting. yard and basement. water is ruining clothes, fixtures, Attached photo dishes says it all. 5219 66th Ave Every two years Only with hard rain, No Sidewalk maintenance during winter is if outlet is clogged deteriorating with leaves, branches 5300 66th Ave Yes "Trees" "lake" after heavy No More code enforcement rain on 66th —have seen canoe in street 5307 66th Ave Once a year No Occasional problem Junk cars more code enforcement ADI ISM :::::; >: •. >: >:;: ::::..V er ..:::::..:...._. 5301 Boulder Ln No No No Street lighting 5307 Boulder Ln Once 1 No Water pressure Speeding, street lights, speed limit signs 5330 Boulder Ln No No. No Don't want any improvements. 5101 Eleanor Ln Once it year Small amount of Tastes bad Speeding flooding 5107 Eleanor Lane No No Drainage is often No good. Don't drink it, often dark None slow and flooding is brown. often seen on the street 5108 Eleanor Ln Twice in 20 years I No Low pressure, bad taste Barking dogs, untrimmed trees, speed limit signs 5213 Eleanor Ln Once in 9 years Street floods during Have purchase bottled water for 9 Intersection of Eleanor Ln & Scott -lot of prolonged heavy years. Pressure not what it should fender benders. Maybe make it a controlled rain. Street ices up be. intersection. There are enough street lights. following thawing Likes to see stars not street lights. and refreezing. 5301 Eleanor Ln Every 2 years "frees" No No None 5307 Eleanor Ln No No Terrible water Snow plowing 5313 Eleanor Ln - Every spring 1 Some street Terrible ! Wouldn't think of Street very dark. Street lighting. flooding with heavy drinking it. rain. 5324 Eleanor Ln 3 times in 32 yrs Good drainage Poor pressure, bad taste, orange in More street lighting. Beautification -get color. Have purchased bottled people to repair homes water for 10 years 5325 Eleanor Ln No No No Extremely hard Street lighting could be improved 4806 1lowe Ln Twice in 30 years I Some buildup after No More code enforcement, requesting light on heavy rain at 65th & telephone pole near freeway wall between Perry 4806 and 4800 4807 Howe Ln Yes (no comments) No Low pressure when everyone is Requesting street lighting at east cul -de -sac sprinkling. of Howe Lane and halfway point of walking path of Orchard Lane Park. .. �. l...t.. tr lt"t?�'............ .:......::.:.,.::::.::. OU 4919 Howe Ln No No No More street lights on Perry between 63rd & 65th. Concerns about parking during construction. 5012 1lowe Ln Once a year 2 No Pressure not great, quality not None good, lot of black specks 51 12 1lowe Ln Annually "Trees" No No Wants rental property maintained. Workshops a good idea! 5130 I Ln Twice in 8 years 1 (not No Pressure ok but quality very poor. Speeding on Howe Ln (2 dogs killed this blvd.) over summer). Requests info on workshops - service landscaping, anything to improve property. 5207 1lowe Ln 5 -8 times in 37 yrs. Large Some flooding in No None surface backyard & streets roots following torrential rain. Water seeps into basement with a lot of rain. 5212 I love Ln No "Trees" Deep water after No Street lighting would be nice on Howe Lane. heavy rain. 5224 Howe Ln No Basement Bad taste. Buy bottled water. Concerned about graduating parties and the mess of construction. 5225 Howe Ln No I lad problem- Pressure is low. None installed drain tile. 5231 Howe Ln No No No "Cut & dry project," very unhappy, thinks they were lied to. 5324 Rowe Ln No No No Too many to mention See survey! 5106 Paul Dr No No No None 5112 Paul Dr Cleaned out twice l Drainage problems Water pressure, smell None on Scott between 63rd & Paul Dr 5218 Paul Dr No problem since No No Happy fire hydrant was moved from elm was removed driveway to corner e :; 6107 Perry Ave No 1 Drainage a problem No Why does a project take so long? in street after extremely heavy rain. 6201 Perry Ave Once since house No Taste and color None was built 6214 Perry Ave Twice in last 2 % 1 No No None years. 6231 Perry Ave No No No Street lighting 6318 Perry Ave No 2 Water backs up No Traffic, street lights after heavy rains -10 times in 29 years 6324 Perry Ave No "Trees" Many times have Pressure seems ok. Worried about Perry gets more than its share of traffic. had 12" of water in quality with all the construction. street and geyser in back yard collecting a foot of water. 6401 Perry Ave No 1 No No Request blockwatch information. 6406 Pcrry Ave No I Lot of water in back No None yard after beavy rain. Installed basement drain tile. 6418 Perry Ave Once 1 Street flooding Rusty None sometimes 6419 Perry Ave Once every 3 -5 1 No Sandy water at times, must run tub Street lighting on Perry between 63rd & 6511) years long time before water before bathing. 6425 Perry Ave Twice since 1958 Flooding on Perry Sometimes low pressure. Street seems quite dark. Traffic doesn't & 65th after heavy always stop on corner of Perry & 65th. Is rains there a block group in their block? 6430 Perry Ave Three times Corner of Perry & No Speeding and failure to stop on 65th 65th ..... ...... ....... .. 1 ........:::.. iy:.:.. �:.: Vii: i:: .:. .. :...: .....:'•, �:.: i:<'.iiii:: ii::4i: :4. i:i::.i:. ;::. :: ii;.:: iv. '.: ii: iiir.ii: i }i:: •i . ....... .... � .... � '...::::i:iyiii::>: i'.>i:si:>:a:'aX;: %: i:::i: ';'.`•v':::::i ?; ': .. ........ .... ...:. ::: :...:..:::.......::...:.:. "'t?�: ate .�r..:::.:..:.::.::.::::::..� :.....:....:....... :..:...... e , : >. 6437 Perry Ave No 1 Problems in street No Need curbs & new streets. Either enforce or & yard remove 4 -way stop sign on 65th & Perry (few people stop). Sidewalk N of 63rd from Br. Blvd. West to Zane is overgrown with trees, shrubs. Can't see signs or walk on sidewalk. 6513 Perry Ave No Yes No No Set a meeting date so project can be done next year. 6543 Perry Ave No No No None 6100 Quail Ave Twice No Bad pressure None 6118 Quail Ave Annually 1 Water holes after Low pressure, some rust Replace street lights at existing locations continuous, heavy with new type. rain, some seepage into basement 6119 Quail Ave "Trees" No Low pressure, poor quality More street lighting on Quail. Trim trees at intersection of 63rd and Quail so sign can be seen clearly. Requests blockwatch group info. 6200 Quail Ave No No Brown water. Drink bottled water. None 6207 Quail Ave Once in 30 years 2 No No None 6213 Quail Ave No No No Street lighting 6218 Quail Ave Every 3 years Have installed Water develops odor after sitting in Street sign on 63rd /Quail is obstructed by a gutters & drainage pipes overnight. tree & shrubs. hoses to get water away from house. 6224 Quail Ave No No No None 6230 Quail Ave Once No No None 6320 Quail Ave No "Trees" No Some odor None 6321 Quail Ave Frequent clogged Basement flooding Water pressure, smell None drains Yo 6324 Quail Ave No comments Some water in l..ow water pressure. Hopes Selling home next year. basement after improvements will help. heavy rain or snow melt. 6328 Quail Ave No Some flooding in Pressure, quality. Rusty and Low hanging branches along walk on N basement sometimes runs black side of 63rd. Requests light at 6400 Quail. Interested in workshops and blockwatch info. 6337 Quail Ave Every other year Flooding sometimes Brown water Block watch, landscaping workshop desired 6340 Quail Ave 3 times Water build -up Taste isn't good. More street lights on Quail. south of driveway following heavy rain 6344 Quail Ave No 1 No No None 6345 Quail Ave Not in 4 yrs they Occasional street Pressure is fine. Speeding on 63rd & Quail. Need another have lived there flooding street light. 6400 Quail Ave No No No None 6491 Quail Ave Every 2 years 1 No Buy bottled water for drinking Enforce speed limits. 6412 Quail Ave No No l.ow pressure None 6418 Quail Ave No No Taste is "rusty ", often brown when Requests mid -block street lighting. Also first turning on faucet. would like to see sidewalks installed. 6419 Quail Ave None alter blvd 1 in middle No Terrible. l lave water purifier on None tree was removed of front tap yard 6424 Quail Ave No No No None 6430 Quail Ave No I No No Street lighting 6436 Quail Ave Annually 1 Some basement Not very good, purchase bottled More street lighting. Additional code Flooding in heavy water enforcement needed in 2 or 3 homes in rains neighborhood 6110 Regent Ave No No No Has concerns about snow removal and offers some suggestions. .... ��iyt.M' . .......... ...�'e ....$.::..:. .. :::::::.: >:: 6136 Regent Ave Once Some in basement, No Satisfied with traffic and lighting. Not came in window interested in workshops wells 6137 Regent Ave Twice in 25 years No Water pressure Happy about recent code enforcement 6200 Regent Ave Every 3 years "Trees" No No More code enforcement. 6201 Regent Ave No Back yard Low pressure None 6207 Regent Ave No Drainage slow on Not as good as expected, slightly Requests landscaping and home street. brown. remodeling info. 6213 Regent Ave Every 3 yrs. 1.. No No Speeding on 63rd. Requests street light between 6300 -6500 Perry. 6218 Regent Ave Once No No No 6225 Regent Ave 12/20 /95, 8/6/96, Basement -but thinks No Requesting landscaping ideas for better 9/13/96 & 9/24/96. its his own problem drainage away from house. Always plugged because of settling 40 -45' from around house. house. Service says its about where the 4" joins the 6" 6314 Regent Ave No Storm drain backs Pressure, just changed pipes No up - 64th /Regent 6315 Regent Ave Every 6 months for 1 Basement Poor pressure. Buy bottled water. Interested in landscaping workshop. 20 yrs.. Please Has replaced all the pies, got a Please refer to survey for additional call little better. comments re: sanitary sewer. 6400 Regent Ave A few times Was very poor but has improved. Center of block is very dark. Interested in landscaping ideas and home remodeling. 6406 Regent Ave Once a year No Water quality None 6412 Regent Ave No No No No Length of construction time too long, concerned about access to their home, don't want turns, don't want 35 yr old tree removed, no unnecessary boulevard tree removal r .+sta�.r :.:..::..:... S . io 6413 Regent Ave Every 3 to 4 yrs No horrible for 27 yrs. Bad taste, More street lighting on Regent between Paul color, pressure. I and Eleanor 6136 Scott Ave Experience sewer Drainage and Quality poor. Smell, taste, color. High traffic & speeding. Code enforcement backups flooding in streets Have complained -but there is no never followed up, big improvements & yards. follow -tip needed on streets. IIave called 5 times and received no response. 6212 Scott Ave No I (do not No No Considering selling their house. ]low want tree would this affect the sale? removed) 6224 Scott Ave No No No None 6225 Scott Ave No 1 (needs No No 63rd Ave is a race track. trimming) 6241 Scott Ave Twice in 25 years "Trees" No No How much is it going to cost me? 6324 Scott Ave A year ago "Trees" Flooding in the Bad smell Concerned about parking and vehicle street after a hard security during construction, also -who rain. determines blvd tree removal. 6330 Scott Ave Once a year "Trees" Bad flooding in Low pressure. Brown water after Interested in workshops on landscaping & front of house in hydrants are flushed. home remodeling. Concerned about sod heavy rains. Cars in Orchard East project area. stall trying to get through. 6336 Scott Ave Once a year Street floods almost Often brown, has dirt in it and Requests drain at end of driveway be every time it rains. undrinkable. moved. Floods up 6 -8 ft in yard, often get water in basement 6406 Scott Ave Twice in 13 yrs. No No Workshop on landscaping 6413 Scott Ave livery two years Street flooding after No Better lighting. heavy rain. Some accumulation next to curb after light rain. . ......... . ...... ... ........... .............. ....................:.......... . IMF- 6401 Toledo Ave "Trees" Yes (no additional Water pressure, smelly water None comments) 6412 Toledo Ave Yearly before tree 1 64th & Scott floods Occasional odor, some All for the project. "Keep up the good removal. Planted after heavy rains discoloration. work!" green ash as replacement. 6413 "Toledo Ave No No Tastes and smells like rust. Buy Extra street lighting. Growing neighborhood bottled water. Very angry. of younger families with children. Would Suggested City pay for the like sidewalks. bottled water. 6 Toledo Ave A few times No Smelly water and lots of rust Street lighting. Homes and yards need to be fixed up. 6425 Toledo Ave No No Low pressure, smells bad Happy! pPY 6436 Toledo Ave Once 1 No Bad taste, low pressure More code enforcement. Wants Unity done last. 6443 "Toledo Ave No No Pressure is poor. None. 6212 Unity Ave No No No Street lighting grossly inadequate. Happy about code enforcement. Don't leave street incomplete for months like Orchard East. 6213 Unity Ave Every 3 years ""!Tees" Backyard flooding Very poor pressure, rust County drainage ditch S & W of in heavy rain, property —wants answers basement water 6231 Unity Ave Done last year Ash tree Very slow flow- Bad taste. None. close to away to street. blvd. Ripped driveway twice. Water comes to backdoor during heavy downpour. 6325 Unity Ave Water in basement Poor, undrinkable. None after heavy train. Water sits in street for 4 -5 clays after rainfall. th , p�ryy ;:�::..:..:;....;;•:.:.. ;::....; >:�,:<::;... >::: >:::::.,;;;: ..- ..:. �E_...��E.��:.... : i.:.� .::::� � .. .. :. .....: .: ... .. • :..:: ...::.:::::>:.:::;:>::;•.: ...: •:: .. �::::..::: ..::::: ;• :: .. ,; .iii. .,.;: 6331 Unity Ave No 1 No No Appreciates reduced bus traffic 6337 Unity Ave Not since trees Flooding and water Smelly water Late night traffic. Wants block watch info. were removed in basement Wants to know what sanitary sewer looks following rains like after televising. 6418 Unity Ave Considering having No flow of water in Water /plumbing not the same since Speeding down Unity. Suggest stop sign or it done streets after storms. water was turned off at the hydrant. yield signs on all streets turning onto Unity. Flooding in Pipes shake: Plant trees on the blvds. basement 6419 Unity Ave 2 years ago No Low pressure, iron Speeding. Leash dogs and pick up after them. More street lighting. 6424 Unity Ave No 3 Flooding in Stinks, tastes bad, rusty, low More street lighting, more code enforcement basement after pressure heavy rains last 2 years 6425 Unity Ave No I Severe problem in Poor pressure, buy bottled water, Request stop sign at 65th & Unity. Slow side street. It floods rusty water ruins laundry, dark down speeding MTC buses and trucks. & the street in back brown like Coke or Pepsi at times, House shakes, pictures are always crooked. of property floods stinky water up into yard - looks like a river 6437 Unity Ave Once since 1958 No storm sewers on Bad taste Noted that traffic problems have improved street. Basement since gates were installed at Fair Oaks water problems. school 6506 Unity Ave No Small pond on No Enforce speed limits. intersection of Unity & Winchester 6519 Unity Ave No 1 No No Entrance to Fair Oaks school at Unity has a constant water puddle. Drain at corner of school road would solve problem. 6523 Unity Ave No "Trees" No No More street lights. 6600 Unity Ave No Water in front Pressure Requesting landscaping ideas. Rock doesn't drain. Low garden on side yard will be lost with spot in front of construction. How should she prepare for driveway. this? 6612 Unity Ave No No No None 4913 Winchester No No No None 5001 Winchester Twice in 37 years No No None 5007 Winchester No 1 No Pressure is poor and quality is Better street lighting. Strongly supports horrid. project and offered to help in any way. 5012 Winchester No 1 No No More street lighting. Continue code enforcement. 5101 Winchester Every two years No Low pressure Street lighting, more code enforcement 5113 Winchester 2 or 3 times in 20 1 No Wants to know about chemicals in Traffic too fast down Winchester. People years BC water. don't pick up after their dogs. 5206 Winchester Two years ago I No No None 5212 Winchester Once 1 No No As a senior citizen -is there going to be a payment option? 5219 Winchester Every two years No Not good, strong odor Have block watch now 5300 Winchester No No Hardness Difficult to get to their house because of school traffic The following suggestions were offered for naming the project area: Donnay's Brook Lyn Gardens Fair Oaks Neighborhood Fair Oaks Area Unity Avenue City Limits West Brooklyn Center City Limits West (BCCLW) Brooklyn Gardens The Slums Orchard Lane West — a choice of many residents. Regent Avenue Project "My Neighborhood" Brooklyn Center Fiasco t12 • February 5, 1997 Dear Resident: As you know, the City Council is considering a Neighborhood Street and Utility Improvement Project in your neighborhood. Two public information meetings were held in the past few months at Orchard Lane School. On January 27, 1997, the City Council received an Engineer's Feasibility report regarding the proposed improvements. The City Council accepted the report, and based on the feedback from the two meetings and from the surveys and other comments sent in by residents, has scheduled a public hearing to consider the proposed improvements. The public hearing will be held at 7 p.m. on Monday, February 24, 1997, in the Council Chambers at City Hall, located at 6301 Shingle Creek Parkway. At the public hearing the City Council will receive public comments, and then at the conclusion of the hearing will make a decision whether or not to order the project. You are not required to attend this hearing. We will notify you of the results of the hearing. If you are unable to attend, you may send your comments in writing to our office, and we will ensure the Council receives copies. On the reverse side of this letter is the Notice of Public Hearing regarding the improvements. Also enclosed is a copy of the Engineer's Feasibility Report. These are the highlights of the proposed improvements: 1) All streets in the project area are proposed to be reconstructed to 30 feet wide (about the current width), with the addition of concrete curb and gutter and driveway aprons. Substantial public ® utilit imp rovements are proposed,, including the replacement of water mains a significant tY P p p � g P g amount of sanitary sewer replacement, and the addition of new storm sewers. 2) The proposed assessments for residential properties for streets are $2,000 per property and for storm drainage $650 per property, for a total assessment of $2,650. These are fixed amounts. The assessments would not be more than that. If the project is approved, a separate hearing on assessments will take place this fall. You would NOT have to p ay any assessments until AFTER this hearing in September. In general, you would have 3 options for payment: you may pay the assessments in full; you may make installment payments over 10 years; or you may begin making installment payments and pay the balance remaining in full at any time in the next 10 years. More detailed information regarding special assessments, payment options, and financial assistance will be sent to you at a later date, should the project be ordered by the City Council. If you have questions or comments, please feel free to call the Engineering Office at 569 -3340, or stop in at City Hall. We look forward to seeing you at the public hearing on Monday, February 24 at 7 p.m. Sinc rely, -- cott Brink, P.E. CITY ENGINEER NOTICE OF PUBLIC HEARING • TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Brooklyn Center will meet in the Council Chambers of Brooklyn Center City Hall, 6301 Shingle Creek Parkway at 7:00 p.m. or as soon thereafter as the matter may be heard, February 24, 1997 for a public hearing on each of the following improvements: Description: Street reconstruction: regrading, base preparation, installation of concrete curb and gutter and driveway aprons, bituminous paving, installation of street lighting, replacement of street signs, and boulevard restoration. Location: Project 1997 -01: "Orchard Lane West Area ": From 61st Avenue North to I -694, and from Perry Avenue North, westerly to Unity Avenue North, all inclusive except excluding 63rd Avenue. The area proposed to be assessed includes all properties abutting the streets within the above described areas. (Estimated cost = $1.68 million) Description: Storm drainage improvements: installation of new storm sewers, repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes. Location: Project 1997 -02: "Orchard Lane West Area" described above. The area proposed to be assessed includes all properties abutting the streets within the above described areas. (Estimated cost = $642,500) NOTE: The proposed projects are part of larger improvements which would include projects to reconstruct some or all of the water and sanitary sewer main and replace some or all of the water and sanitary sewer service lines. The Council proposes to proceed under the authority granted by Minnesota Statutes, Section 429.011 to 429.111. Persons who desire to be heard with reference to the proposed improvements will be heard at this meeting. Auxiliary aids for persons with handicaps are available upon request at least 7 days in advance. Please contact the City Clerk at 569 -3300 to make arrangements. Senior citizens and persons totally or permanently disabled may be eligible to defer some or all of the proposed special assessment. Please contact the Engineering Office at 569 -3340 for more information. Published in Brooklyn Center Post liv./ti February 12 and 19, 1997 /s/ Sharon Knutson, City Clerk • City of Brooklyn Center A great place to start. A great place to stay. • ENGINEER'S FEASIBILITY REPORT FOR ORCHARD LANE WEST IMPROVEMENT PROJECT NOS. 1997 -01, 02 &03 JANUARY, 1997 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Mi esota Reg. Vo. 7657 Scott Brink City Engineer January 21, 1997 • OVERVIEW (see Figure 1) These proposed projects include roadway and utility improvements for the Orchard Lane West neighborhood, more specifically all public streets as shown in Figure 1. The general improvement area consists of all streets located south of I- 94/694 and west of Orchard Lane. This report was prepared in accordance with previous direction of the City Council on October 15, 1996 and that staff would conduct Public Information meetings. On November 13, 1996 and December 5, 1996, public information meetings were conducted. PROPOSED IMPROVEMENTS STREETS Improvement Project 1997 -01 (see Figure 2) All of the streets in the proposed project area are classified as local residential streets, originally constructed in conjunction with utility installations in the mid to late 1950's. All of the existing streets are very flat, without curbs and gutters. On average, the streets are 30 feet wide, with a pavement thickness of 1.5 to 3.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete • reconstruction is recommended. Feasibility Report Orchard Lane West Page 1 It is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. On- street parking would continue to ® be allowed in accordance with the City's parking ordinances. Traffic volumes on most of these streets are typical of local residential streets, with little "through" traffic. However, 65th and Unity Avenues often carry some slightly higher volumes than the other streets. Existing sidewalks (see Figure 2) within the project area are located on the north side of 65th Avenue between Orchard Avenue and Unity Avenue. There is also sidewalk located along the east side of Unity Avenue between 63rd and Winchester. Cost estimates in this report include installation of pedestrian ramps and replacement of defective sections of sidewalk. No additional sidewalks or trails are included in the cost estimates. The cost estimates in this report do include a lump sum allocation ($65,000) for planting boulevard trees in appropriate areas and an allocation of ($75,000) for upgrading street lighting (see Figure 6). No costs are included for "under grounding" overhead power and CATV lines. STORM DRAINAGE Improvement Project 1997 -02 (see Figure 3 for proposed storm sewer system) • The existing storm sewer system in the project area was installed on a per development basis and is inadequate. Previously ordered hydraulic and technical studies of this drainage area have shown that additional storm sewer should be constructed to alleviate the frequent localized drainage problems. Survey results received from residents also indicates many localized incidents of standing water and /or flooding. Several drainage and storm sewer improvements were completed in 1996 as part of the Orchard East Area project. An additional parallel 48" diameter storm sewer was also constructed along 65th Avenue from Indiana Avenue to Orchard Avenue, as a continuation of the system installed as part of the regional pond constructed at I -694 and Brooklyn Boulevard(MCTO Park and Ride). These improvements will also assist in providing drainage improvements for the Orchard West area as well. However, localized improvements in Orchard West must still be completed and connected with last year's improvements in order for the entire system to function and serve everyone effectively. Figure 3 shows a preliminary concept for storm drainage improvements to serve the project area. Essentially, the project design provides for installation of additional storm sewers and catch basins to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage, and to minimize localized flooding. Based on this design, the total estimated cost for storm drainage improvements relating to this project is $642,469, and is outlined further in this report. Feasibility Report Orchard Lane West Page 2 SANITARY SEWERS Improvement Project 1997 -03 (see Figure 4) • The sanitary sewer line in 65th Avenue is a 12" concrete pipe, whose condition as evidenced by televising, is deteriorating due to the hydrogen - sulfide gasses produced by septic sewage. This pipe serves as a primary conveyor of waste water for a significant portion of the neighborhood. All other sanitary sewers in the project area are 8 inch diameter clay pipe, installed in the mid to late 1950's. Because these sewers were constructed without gaskets in the joints, they are subject to a modest level of ground water infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. However, while there are no capacity problems, city maintenance records, along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate frequent plugging of service lines that can often be attributed to root penetration of the pipe joints. Therefore, all sewer mains identified with these problems are proposed to be replaced. Services identified as having the same or similar problems would also be replaced between the main and the property line. It is proposed that to reconstruct all sanitary sewer as shown per Figure 4. This report also includes a cost estimate for replacing approximately 195 feet of spot repairs for isolated cracked or damaged pipe. It is estimated that 272 sanitary P sewer services would be replaced with the new sanitary sewer installation and 27 services at various locations would be replaced due to the severe root infiltration previously mentioned. However, these quantities typically increase throughout the project, as more home owners come forward and request the City to repair their service. Additional information regarding sewer problems iv g g pro ms was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. WATER MAINS Improvement Project 1997 -03 (see Figure 5) A concern regarding the quality of potable water in the Orchard West area has been expressed over the past several years. Much of the water main distribution system in the neighborhood is approximately 40 years old and constructed of cast iron pipe. Available records indicate that the pipes installed at the time were "un- lined", meaning that their resistance to corrosion is much poorer than pipe available today. In addition, many of the homes in Orchard West were plumbed with galvanized piping which over time can deteriorate and cause flow problems within individual households. Also, the large distance between this neighborhood and the City's wells and water storage facilities may also contribute to the creation of stagnant flows or hydraulic "dead spots" in the system. Approximately eight years ago, a recommendation was made to replace all cast iron pipe in the Orchard West neighborhood. However, a decision was made not to do the replacement work at that time. Instead, attempts to alleviate the quality problems were provided by the addition of circulation pumps and the addition of a corrosion inhibiting chemical(zinc orthophosphate). Significant problems apparently still exist • as a result of the surveys we have received. We are therefore proposing to replace all of the old cast iron pipe throughout the neighborhood with ductile iron pipe. The City has also responded to water main failures or "breaks" in this area in recent years. Feasibility Report Orchard Lane West Page 3 In addition, a computerized water distribution model has been completed for the entire City. With this model, pipe flow rates can be analyzed for the entire City. By revising the size of certain water main pipes at specific locations, flows can be enhanced to possibly reduce some of the stagnant flow conditions that ® appear to exist in this part of the City. Figures 5A and 5B show how certain pipe segment sizes can be revised to enhance circulation (pipe travel time) for the entire area, and particularly for those segments where the water travel time is greater than 24 hours. It is expected that overall water quality throughout the project area would improve as a result of these proposed improvements. However, crystal clear water for every household cannot be guaranteed due to the internal piping and plumbing in some households. ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Table 1) Costs and Funding for Street Improvements, Project No 1997 -01 The estimated cost for roadway improvements for all streets in this project area is $1,603,242. If street lighting improvements are included, the estimated cost for those roadway improvements is $1,678,242. It is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City Council on January 13, 1997. The rates adopted by the City Council provide for a standard 1997 residential street assessment rate of $2000 per residential property. This rate would be assessed to all benefitted properties as shown in Figure 1. City owned property at Orchard Lane Park, along with portions of church and school property are proposed to be assessed at the 1997 commercial rate per square foot, for the actual amount of frontage at a depth of 200 feet. On this basis it is estimated that special assessments totaling $1,078,610 would be levied for street improvements. Since this would represent over 50 percent of the estimated total costs for street improvements, these improvements can be processed and completed in compliance with Minnesota Statutes Chapter 429. Casts and Funding for Storm Drainage System Improvements, Project No 1996 -02 The estimated cost for storm drainage improvements within the Orchard Lane West area is $642,469. This includes the cost of storm sewer construction throughout the project area. It is proposed to levy special assessments for storm drainage improvements in accordance with the rates adopted by the City Council on January 13, 1997. Application of this rate to properties benefitted by these improvements will result in estimated special assessments of $650 per single family residential unit. The total cost to be assessed would be $334,100. Costs and Funding for Sanitary Sewer and Water Main Improvements, Pr,Qject Na 1996 -03 The estimated cost of sanitary sewer repairs and /or replacements is $747,637, and the estimated costs for water main repair and /or replacements is $1,335,718. As previously noted, these cost estimates • are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Feasibility Report Orchard Lane West Page 4 Table 1 Estimated Costs and Funding Sources • ESTIMATED COSTS STREET SANITARY WATER STORM TOTAL Estimated Construction Cost 1 341 4 22 $1,157,471 4 $ ,58 $6 ,852 $527,2 5 $3,649,15 2 Contingency (10 %) 134,158 62,285 115,747 52,724 364,914 Subtotal Construction Cost $1,475,742 $685,137 $1,273,218 $579,969 $4,014,066 Admin, Eng., Legal 62,500 62,500 62,500- 62,500 250,000 Reforestation 65,000 65,000 Street Lights 75,000 75,000 TOTAL ESTIMATED PROJECT COSTS $1,678,242 $747,637 $1,335,718 $642,469 $4,404,066 ESTIMATED REVENUES Street Assessments $1,028,000 $1,028,000 Park Assessment 27,840 27,840 Church Assessment 6,900 6,900 School Assessment 15,870 15,870 Sanitary Sewer Fund 747,637 747,637 Water Fund 1,335,718 1,335,718 Storm Drainage Assessments 334,100 334,100 Sidewalk - Local State Aid Fund 3,165 34,165 Storm Drainage Utility Fund 308,369 308,369 Other City Funds 565,467 565,467 TOTAL ESTIMATED REVENUES $1,678,2421 $747,6371 $1,335,7181 $642,4691 $4,404,066 • Recommended 1997 Proiect Schedule January 27 City Council receives feasibility report and calls for public hearing February 24 Public Hearing, City Council may authorize the project and order preparation of plans and specifications February 24 Approve plans and specifications, authorize Ad for Bids April 3 Bid opening April 14 City Council awards contract April 24 Preconstruction conference May 1 Start construction September 8 Special Assessment Hearing October 17 Substantial completion Conclusion The overall health of and condition of the City's infrastructure system (streets, sewers, utilities) is critical to the safety, welfare, and economic health of the entire City. As a result of the infrastructure needs, solutions, and estimated costs described in this report, the proposed project is necessary, cost effective, and feasible. Scott Bri ,­City Engineer,; Reg. No. 17657 Feasibility Report Orchard Lane West Page 5 yI C m S m a CITY OF BROOKLYN PARK WEST BROOKLYN CENTER U�►ITS mom Lllm 0 n s 0 z M �A • • 0 rn N s L m w C m u u • u t . u , u r, 1 D 0 M F D z m • • O �1 = O Z nl • � "" /111111111 - y�� '1111 11 r ti m�,,,' ■iagg � I1111d 11� �si��� ///111 %11111 �i► PRESERVE .... 1111 1111N -----mom n. /. u u • u t . u , u r, 1 D 0 M F D z m • • O �1 = O Z nl • • b3 311 V H •N •3A 1IVf%I N L N V llynO n • J ^ N 3AV i 3J3)J N V x ' 3030 < �- t OAS �• a i < W IL � O o � to ` to � m N y�Y 00310 t N • ,,V Ai1Nf1 Shrill U31N30 NAINOOUO 153+!1 NUVd N1llN00U0 !O Alp • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03, ORCHARD LANE WEST, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on February 24, 1997 authorized consideration of street, storm drainage, and utility improvements in the area generally described as all streets located west of Orchard Avenue North and south of I- 94/694, except 63rd Avenue, an area referred to as the "Orchard Lane West Area "; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, such improvement is necessary, cost effective, and feasible as detailed in the feasibility report; and WHEREAS, Resolution 97 -27 adopted on the 27th of January, 1997 set a date for a public hearing regarding proposed improvements for the Orchard Lane West Area; and • WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 24th day of February, 1997, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence, and reports offered at or prior to the February 24, 1997 hearing; and WHEREAS, the City reasonably expects to expend monies from the Capital Improvements Fund, the Public Utilities Fund, or the Special Assessment Construction Fund, on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax - exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $1,500,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West Area Street, Storm Drainage, and Utility Improvements, is hereby ordered. Resolution No. • 2. The City Engineer is hereby authorized and directed to develop final plans and specifications for said improvements. 3. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2, or any successor law, regulation, or ruling. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist'L`' Subject: City Council Consideration Item - Planning Commission Application No. 97003 Date: February 18, 1997 On the February 26, 1997 City Council Agenda is Planning Commission Application No. 97 003 submitted by Sunhte Properties requesting an amendment to a previous Planned Unit Development (PUD) approval to build an approximate 73,900 sq. ft. office /industrial facility on a 6.25 acre site located west of Parkway Circle; north of the Hilton Hotel. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 97003 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. • This matter was considered by the Planning Commission at their February 12, 1997 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions of the Planning Commission. • i • Planning Commission Application Information Sheet Application No. 97003 Applicant: Sunlite Properties III Location: West of Parkway Circle, North of the Hilton Hotel (To Be Addressed as 6601 Parkway Circle) ) Request: Planned Unit Development Amendment The applicant, Sunlite Properties III, is seeking an amendment to the Planned Unit Development approval granted to this same applicant under Planning Commission Application No. 96002 on March 25, 1996. The new proposal is for a 73,903 sq. ft. office /industrial building on the 6.25 acre site located west of Parkway Circle, north of the Hilton Hotel. The previously approved Planned Unit Development for this same applicant was for a 69,778 sq. ft. office /industrial building on this same site in March, 1996. Prior to that, the City Council had granted site and building plan approval to General Litho Services, Inc. for an 80,000 sq. ft. office /industrial building in March, 1995. The current application is a new, but very similar, plan for the development of this property. The plan, in addition to providing for a somewhat larger facility, would shift the building easterly approximately 25 ft. and would provide access and parking around the entire building. The other significant alteration would be along the south side of the building where loading docks would be provided for each of the tenant spaces rather than the centralized loading spaces comprehended under the 1996 approval. Attached for the Commission's review is a copy of the site plan approved by the City Council under Planning Commission Application No. 96002. The roe under consideration p p rty s tion is art of a PUD/I1 zone and is bounded on the north b the P Y Metropolitan Council Transit Operation (MCTO) garage and the Spec X office /industrial building which houses the Target audit division as a principal tenant; on the east by Parkway Circle (a non - public roadway serving as access to the buildings in this area) with a central parking lot serving buildings in the area on the opposite side; on the south by the Hilton Hotel; and on the west by Shingle Creek and its accompanying greenstrip. ACCESS/PARKING Access to the site is gained via Parkway Circle from Shingle Creek Parkway. Two driveways, one at the southeast corner of the site and the other a shared access with the building to the north at the northeast corner of the site, provide vehicle access to the proposed facility. The parking plan provides 162 parking spaces which would be located around all sides of the building. A drive lane connecting the north and south parking lots is a feature differing this plan from the 1996 plan. Also the front, or north side, of the building would provide a more decorative store front type treatment for the various tenant spaces. This side of the building is staggered somewhat and provides for a more interesting building. 2 -13 -97 Page 1 The applicant is planning to have a maximum o 25 percent of e building PP p g f th b gin office occupancy • P P Y with the balance as industrial or warehouse space. This is a change from the planned 30 percent office occupancy contemplated in the 1996 plan. The parking requirement based on a 25 percent office /75 percent industrial occupancy is 161 cars. The office parking requirement is one parking space for every 200 sq. ft. of gross floor area, while the industrial parking requirement is one space for every 800 sq. ft. of gross floor area. The plan also calls for 20 additional parking spaces along the north property line which are accessed from the abutting property to the north. These parking spaces are to be dedicated as off -site accessory parking for the sole use of the adjoining property. This will be an encumbrance on the subject site requiring the continuation of these 20 parking spaces to be provided for the sole use of the adjoining property. This requirement is a part of the Planned Unit Development for this area and surrounding areas including the central parking lot which lies to the east of the subject site. This is part of a final agreement which has been executed and filed with Hennepin County. The on -site parking area, as well as the 20 off -site spaces, are to be bound by B -612 curb and gutter and meet the minimum requirements for stall width and depth for 90 degree parking. The office space of the proposed building will be along the north side of the site where most of the available parking will be located. • As mentioned previously, 12 loading docks will be provided along the south side of the building dispersed among the various tenant spaces. This is a change from the 1996 plan submitted, which called for two cluster type loading docks that would serve the various tenant areas. A minimum of three loading berths is required for a manufacturing facility of this size. The loading berths exceed the minimum size requirements contained in the zoning ordinance and should prove to be adequate for the proposed facility. GRADING/DRAINAGE/UTILITIES The drainage plan proposes to drain the parking lot into various catch basins which will convey storm water via storm sewer ultimately to a storm water detention and treatment pond located southwesterly of the building. The detention and treatment pond is in the same location as the detention and treatment pond proposed previously. The detention pond has been sized to handle all of the storm water run off from the north and south sides of the building. The City Engineer has expressed some concern regarding the roof drainage from this site which is proposed to be drained into a storm sewer on the north side of the site. He believes a clean-out should be provided to provide appropriate maintenance for this facility. The proposed finished floor elevation for the building is 849.1 ft. which is the same elevation proposed for the previous Sunlite Properties building. This 849.1 ft. of elevation is well above the 100 year flood elevation of 844 ft. The drainage plan and wetland mitigation proposed for • 2 -13 -97 Page 2 • the westerly side of the building is the same as was previously approved. This site had been reviewed and approved by the Shingle Creek Watershed Management Commission with respect to the storm water plan for this property. The City Engineer has reviewed the amended site plan with the Shingle Creek Watershed Management Commission staff and no changes to that plan need to be made. The City Engineer, however, does have a problem with recommending approval of this i application. The Watershed Commission and City had approved the laps for this development PP h' PP plans almost one year ago and the City Engineer has attempted to get the applicant and his representatives to provide him with matters relating to the conditions of approval of the application. Attached is a copy of a February 5, 1997 memo from City Engineer, Scott Brink regarding this matter. He lists five points of concerns relating to required conditions which he believes needs to be addressed. One relates to easement descriptions necessary for new easements as well as for vacating old ones. It should be ointed out that the proposed building P P P g location would encroach upon an existing p sting drainage and utility easement, a portion of which will need to be vacated. Point two deals with the need for a utility and maintenance agreement; point three deals with a wetland conservation act replacement plan that needs to be signed by the developer; point four deals with a cash surety in the amount of $5,000 which needs to be deposited with the City to insure completion of wetland monitoring and finally the need for documentation regarding granting easements over ponding areas. This memo has been conveyed to the applicant's architect and I have advised him that we will not recommend approval of this i application until the City Engineer is satisfied that these points will be addressed. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. Although this site is 6.25 acres in area, there are approximately 1.63 acres of wetland which will be left in a natural state including seeding and plantings as required by the Army Corps of Engineers standards. The balance, or 4.62 acres, will be landscaped. These 4.62 acres require 363.4 landscape points. The applicant's proposal calls for 391.5 landscape points through the use of a combination of 16 shade trees (160 points), 13 evergreens (78 points), 25 decorative trees (37.5 points), and 232 shrubs (116 points). This is the exact same number of landscape points and distribution of landscaping that was proposed under the landscape plan P g P P P P submitted under Application No. 96002. The landscaping is distributed basically in the same manner altered only by what is caused from the shifting of the building to the east and the altered loading dock area to the south. Many of the shrubs and decorative trees proposed along the south side of the building, under Application No. 96002 have been shifted to the greenstrip along the south boundary line of this property separating it from the Hilton Hotel. The plan calls for a 15 ft. greenstrip along the Parkway Circle access drive between the two access points. This area will be sodded as well as the area around the off -site parking lot and parking provided for this building along the north side. Sod will also be provided in areas • 2 -13 -97 Page 3 • adjacent to the building which are not part of the natural wetland area where seed is being provided. The proposed landscape plan, as was the previous landscape plan, seems to be well distributed around the site. Underground irrigation is required. in all landscaped areas except for that area to the west which is part of the wetland mitigation or natural area. BUILDING The building exterior is proposed to be Fab -Con concrete panels. No color or texture is indicated on the plans. Canvas canopies are proposed over the store front type doorways which are a more decorative change from that proposed under the previous building plans. Windows will be provided along the north building elevation as well as on a portion of the east and west building elevations where office areas will be. There is a potential for mezzanine space and windows may be P rovided in these areas as well. LIGHTINGITRASH The applicants plan does not indicate the location of lighting within the parking lot. He has indicated, however, that they will be using wall mounted light fixtures around the building to light both the building areas and parking facilities. No trash enclosure location is shown on the plan. It is my understanding trash will be handled inside the building. We would recommend, • however, that there still be a condition to require trash screening if there is to be any outside trash facilities. PUBLIC HEARING A public hearing has been scheduled for the amendment to the Planned Unit Development and notices have been sent as well as notice appearing in the Brooklyn Center Sun/Post. Normally with rezonings, planned unit developments or planned unit development amendments, these matters, are referred to neighborhood advisory groups for review and comment. The Planning Commission serves as the neighborhood advisory group for the industrial park area and, therefore, no referral is necessary. As mentioned previously, this plan is very similar to the plan which was approved for the same applicant approximately one year ago under Planning Commission Application No. 96002. Watershed and other agency approvals have been granted for this plan and soil corrections to the site have been made by the applicant already. As mentioned previously, the proposed building location will create an encroachment into an existing drainage and utility easement. An appropriate easement vacation for that part of the encroachment will have to be accomplished b the City through an ordinance amendment prior P Y t3' g P to the issuance of any building permit for the proposed expansion. This is one of the points that the City Engineer was making. The fact that no description of this easement has been provided to him will in all likelihood cause delays in the issuance of building permits for this project. As mentioned previously, we will not recommend approval of this application unless the City Engineer's points have been addressed by the applicant prior to the Planning Commission's • 2 -13 -97 Page 4 • consideration of this matter. RECOMMENDATION If the City Engineer's concerns can be addressed prior to the Planning Commission meeting, we would then recommend approval of the application 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 building permits. 3. A performance agreement and supporting financial guarantee in an amount to be determined based on costs estimates shall be submitted prior to the issuance of permits to insure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. • 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The following additional financial guarantees will be deposited,with the City 2 -13 -97 Page 5 Engineer by the applicant: A. A $2,500 cash surety as required by the Wetland Conservation Act. B. A $5,000 cash surety to insure completion of required wetland monitoring. 13. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County. 14. The 20 parking stalls indicated on the north side shall be dedicated as off -site accessory parking for the sole use of the adjoining property to the north. Said declaration shall be filed with the title to the properties prior to the issuance of permits. 15. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 16. An ordinance amendment vacating portion of the drainage and utility g P b easement on this property affected by the proposed building expansion shall be accomplished prior to the issuance of building permits for this gP project. P J 2 -13 -97 Page 6 ::,111 � �1���'► w on NMI •����a C O M a`' �. 1111 1 ` 1�' u„ • ♦ r� :'i �1 • • � • . it . _. . ..... � � \ °. ,. � ♦ � �►.�� •ter N� 31 i •NON r Y�r1 • M-I'Y ♦e•I 411. 11♦11 •I � Y1 Y•1 • N'-e'I 1 •Y�rY.1 - •.11.INL .w1 0.�.• - ♦YM De. Why _� �Mf% �1�11 Y Y 1.•iai•�Y AoN •�.1. Mnlw� iti ' I.Yp1 ti1YN NNONO Y MO. .NI MRI�01I•w� � .�'' ' ` nlrx rlvvgi.l IM1Y � p.,•wn. F »r...►N.• I[ I I 1 -- F- --1 - -- t— - - -t - - -i -- - - -� - -- t - -- --- I•-- -t- - -A j v wo. iaa •..' + '{' + + + + . + � I a 4 + + + •+ + + + + f''r 1 I E `` � t • I] • • A1o.• W4 MI ' /•• 01Wrpr00 fAir•1•Ilpp• fYO {w. I ` 1010N LO•GN �40•� \ v im• �' BUILDING d PARKING DATA NOTES Bluminlall/ 10f pn•'•�'-• { .• I r.� t Iwr •u.•N Y+w. 1t11• r n. . . v cscrw 11oa•1.•.e♦ Io•11• • v-r K n♦a ArcYbctun `o r...y. t.al, 11......• • IM••� w1�1•�y INC LY•11•i1 4w Iefa1• INw • 1'-r •41114 W b tYY+a a a• r•1nrlrr twY. rr•1 Y•I.c•1u r.w•.w wa• YIY41 1• w r nwr r n w �� p� cY•c +w aw• r• •unw ..1ulror ys+•r � �IQ MI gI1ANrn. ♦ .I'� [��y /�yMUq Xy pwM rL .6n0►..ILL LPi1wq WYI �Iltt 64I.•1!1 IY (11t) 111.,111 • IN�Y��n•MO.Y 1R Ri�pNI M4'rW1 ►hM• �M4 �nY I�1w•�Y 1Yµ Iq •✓• ' jr � p• �1p�� pp�� py��•�� IY�1I•• WIN YN.wY� YA . rM1/� 1✓t,/ ►+��\ �r.M n• rOOw•61Y� Oi•Y/ 1Y OM YOWL•IW. ' V r.w.N Mr.• t.ncr . t�..r.r 1.Ct AW M y N si • aoc oIw .. rrw Y.w• ..e l�' iryi �• y r�iw Np rr• wwµ was re wowru► I 1•ul• ` ••cos. ✓c•...a I a r•�+•.tryu .► N�•i r.r tiw.N r4Y.w _ I.w Io4+wY1. •.o1.w•.a• Yww� •.rr I.µ1 w♦• ••» cYa1.w � ., r "•.'�"vw.�u wa �1Q wq soc. aT09FE1fb 11llLTl 71 BUILdt1U I • ` ����•• nt • + wYr ew.0 r Iww•� ✓ rY... W OOKLYN CEMm L0 04MTA lu • 3 ••,� IOi.1111� M41 Mr INIIO RrMn 1W N M• IOM. !1♦i2..�' 101nf[ . M .O•I MI MwF1 MµL Y IAO.00 YM � �� il'ION M fORY 1/N MI• Y rMAJ111• � ' i - _ I / � TYP. CONC. CURB '�` .._.__., .�� -- • ' � 1 ��1i0 ONI'MtiY r.KwtWIM.YMI..pa .•NOY 3 � I Yt ell •, /� !- - l A A S - . MI Al 111 � 8 1 1 I 1 - - •u vor� -' . '— � — - - i - - - IU —1 rta nr6 • Olat 1 O l�n 1 1 1 tutu • tW AGC{w Al I , 1 � I � 1 ; ; 1 • � 1 1 i 1 1 1 1 GoMOnn 1 , Al � � `_ ♦ ; i 0 1S`4�"L Blumentals/ I SITE PLAN r . Jw dr _ SHEET REFERENCES SITE LKIHTINO SKINS SITE WORK 8RE DATA P,rJ.ct too D... By Dote 6b -bt A 1 -71•tl ' u • nn..w •••ialallyatlp. aM tuoaana¢arr .t,tltm - •La41W1 tt.xatw csaratrNlwA a �', • iww nrl . a � t.ual r wu nwnlu r canes a. l.. r.r nwr tea ra.(u I a..or..rr n.w rao � we eAaol.0 otacicv ru ra.ta r carntc(tn w •.a . io.• w tarrru rrt< r a n •rl ratlYKw .1!'rtw .lK.l•aa r•OC e.O.GYlIM1. ra rl..irwl •W ""�• -"- - , uclutty !ta ru/ a rn .in. •It..cwt • « t'r�tn0. �•l Wit rutaYWll lwMnY WOi CMNY C.wort �•�MWt4y■ —_ -- YCt�Oa • LLlCMCIn tuft r.'(.(MAO (O ML nt•• 11•a0 LOU.Ip.• ir,..CCirrY ^ra[q M•.n wLl Ita.f M tCgw•tt • �� � it G •raL•Y M. MM q n •i..liww(p(Y• Kw IMtl Mtn ltMl•4 rwuo l..t ro•owunt.ro ll.n •aora tQA. •xW 41i>O• ' r : u...• iul.t. µ w1... v.1 rrr•rw.•r.o BUNLITE 111 ...caw tr+ac.ti - owes . n...r I.t. . LIi n eras► .wtwaa N i >rl.m rrs.ar n.a . I�n.ca r w cocwn ♦ Ix.. rn. q n. l w r n. to r . IOlO.Ii•. nr. . w wum . !ee on.a! ..a1 � ir.(vAV .lrea••ra r..wo r.ra rwl w.a . v.w o YntOtR• n•• m. • wei n.1 wwn q n.. w q n. �� PARKWAY CIRCLE •Cll.awYwO n.w .cnwtra r.wuo trwwtew n0.4WaNl.IrO lula •fpfiLLGaOr IOIY .r.•rua cona wwwv.t r,r n.at,,,o,,,,,n,! BROOKLYN CENTER, MINNESOTA • Asut•wa ru rae.•n oaw ro ralw uwwa.rn (1•t wr•nw P ..w�•• ewweao arR +cciwwt ru r..0 w..• r.rca.ri.a ru rrl rAwt.o .0 Ow.aA Yl aut» . na u.c(nu rr.ua irrr..a . ✓. r.• w 817E PLAN ID. WOiaN! r0 •I.n tut0.O f t • MI Orr nClJwO11 !'•r i r'•r .Y�O' Y. !ta q1K r.l M1AI cofwn o.tw ro amw .co.wa rr.•r •cwilala r•r w r.r . r�r ra i • •��.�' X iPi i�W 4swrY• Prf• . il.r oG IYw MO • IW.L �Z�11 � ... .. . -n._. IUn• nC CO.II.A JOr(! (lCC.tt aN• • r.r OG nut • aOMN e1ROt0 • ••• ••r• •_ LtLK DOU(1 r r-r • •'- •- ter- -w - • ••� � -•• /` • •�n CO/Y. n•00( tlrU.al4i ttq •W' ••Ot WNI M V �r a t'.r � � •-••_• •• ••• • •• • ••• �•• -r•- [ / // // / -l\` \7 �ra�.•! �.m n r w ww w.a r�i a w�iA � .... �.n + �.. 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RO.41sr1a.I 1•..cxee.•.r 1/ Blument alel `305 I- u.. 1 sr. 170 Ls.n .Vl.gNl •Art (617) 561 (K ( /li) x1.7!11 LANDSCAPE SCHEDULE LANDSCAPE NOTES LANDSCAPE REQUIREMENTS F. -J.. / N. Dra.n ly OLtr ..a.w rRe. Au A�Y,Iw IAVm w• wvw r.4aG Dr DuslLlra Ds•w,.reD ww .RA •!. AgIL. • .LrtrO or u• wtit....i .� ,•�a.•.•r . r•.Y MMi1 q fapDlD. IxVr Y „GILD. 61641 Alt 1 -71.11 w.w,unr t iv -•¢ Wrrwnu •r r l..,. WL.UL RNIO MA At Ala .LN YD P tN .IR..al q YLO® lVtM3ii0i• YgDIfD. iIWl1 /ONNI. IVI — YO.,.I.OHO YrgAiMTI.a.T 10 q I'rrWpD ft# .OpgD A7Y L- MO r4.tM4Y••.4ZtI.1 Y IOIrD. NM •'O•.f. ItWIRD — IIeiMMM Iw�l� � I�OrW I4tR l• OLrI D.1w IY/.0 ilaD 4 I r wD` e:.r ; ' ."�o .re~" wuL nww�u rn, LOC.n ea7unl nu..uaio no.LlrD SUNLITE III cwY..aoine•oaw • nia.� PARKWAY CIRCLE .rw•D wa. ir044 q rw r�D,tark ���_- aauo.,wLq.•.cuior...nm..a 4NOlIRL. w w BROOKLYN CENTER MINNESOTA 4 ra .mss.. w•waD ow orlu�eD rtco rn rwc.s.n 4w Lvewr w w t. LANDSCAPE PLAN aAlADYnOr• .Wkk gr..►tDTfra...ID YYRaRD. Q..Ya•nAk. Ll )L H W -Ir II.C.GiI� 4)M,..GIO MY1 wYL AK NLIrY 41�M....GR .•..r Y OI1 P M.00I4T11CD•Rli A.O OI,{I• MIL NLIYr r?,i11.Crp•. LP[' 1r _ _ _ N ✓4LI1fI.OYO YD {A wa rrc RrGI W Mf IMO.LM CO�n•GnW tO1K 1'nONOLO .�. -. + .rr w I LANDSCAPE PLAN u"'".c'°"wn.wLa . uLlnw . owrwn4m . n..clw Ll Ol.r.a w onw.lnt Y R4IRp. DLWr,II. M W�4►L IC,i 4A •I(rrYnD. PY T. 47t111ULlOD •.0.1 7YH.VIA. -_. ,}lL7J _ , r• o• r,.ovman.,nDw.ulr•rw . o+.\r. A'L .'7L =..W,. I _- ---g,T � «' T � �'- . -. � _.�_...__.� r ►. A.r _ - _ _ «.r t__ -- A -r � yr rr�_ �.r, Ab u r t Pa - 4• r •_ _� n �.. on J- �_ . n!+c„ ! -� .•1 k.. nr•c.. nrc•. /�.I, O ol a F 7 � 4 l 4 ••�.�.r_�' I I I 1 uar 0' {� JOM ySW r IT 1.���1I1 I Tr w• .CCar � � a A1G11rGY rwu.• I w •� • "•' 1 I I 1 1 1 rwol{Cr,W , DDOt YrAa,a , GoCj(j�r.•wrOO.�- ' w• I w .1 I I nova ow.« I r+a,lD rqr �` 1 cat Jrmmar N aanla ; rT. • n.lcl trl•. t M 1 r e p 1 1 U N 1 • 1 N Y 1 •� DO DI _ _• Il at 0 1 a! f•T � ww•o • • w I {� /'Ott r rD•7 b A -• r• W � . raw• r -• A�a w• r -• r. w r- sv w• r•• .•. r•t •w r+ r•• r • ✓•r . r - re n• � u• +rr •w• r•r w• r •w• )r -. W re W raw• .. ur +w• �� 1 FLOOR PLAN Blumentels/ vr• . r -o• BPCNIl1ctYP� Ylc r«y, C. . u..w,a. NOTE REFERENCES FOUNDATION WORK •toslaam '°m"�"Y•'°'t° BUILDING DATA w�ua Yw row rown.c.w«..owu,wa awar au roor.rerYrQ DOCw wnwu «nr Wal•wow (N7)5{I -5A7 to 1117)511 -71ia rnac� ntauao. ura •.a• n n w• uww awa a ..lrara al rn w cwrwclaw . •tw au ocaa poa wn+r + «w • •{rw •nu Iva w Pp wV•rwq• • w al rwr LOCar� t0 pt4 YY • ooD{ r+'awr ruu»a GcD{ ww m„ar ri .r.n•4 .IDDI«f� (M r(wtAA rap• ••«L4 r qt{a IOIMKar • MG,r1a•r . {r{LM Ar Kl Y M M M wAw «�, IaDm. • t>tarsot Daelr tr•r•Ola Ilan Yota Kq M wl,w • " r •''K •tw.a.ano lrwawtaW 000,A wo nwa• . ocarwcr r-1 •{unw Pr•OJrct Na 4-••n 1y D•1r Yn o:,• 'aw w y i y rar.oun«rw ru.• .�� �Q x1 �uxiNwnwa► :wsra baD{wrN .,C�• nrf •ao•unb noac.�w,AU• 690•N .1f1 1.71 -f1 . +..ra n..r aum «..a r.r.ca. rrtaa owl {+.n,a w row.rw. i wr ...ai wa 1.srua ..ewxrw an.r.a ro «u. ,a «.nm nn w corlwcuw arue.re wrc•a{ . i•e •naaalww. row ro. ,wcww.. wua anour..r r.cwunD. . aorw• laar•® On{ ' iYC.c.n .on• 1. rwc {atr•« •• ano.{ r•nw cwao{. Awora araa . nalao area an•c..e ,arY.araw• • !� ww w.a roan r rr.ao aaD to w «r,_ •masse Itafet — u n ou. n« . e nD •r Ju {wrt,•aw DoO,r ar awJCa w�i vat.w. cn.r MaanD •Aa maw «a rtartrx •n nuns • • aLLCw.rl{ Iaocw Jw{a {.•r w — v�r wl aw .. owaw rw .0 oaa. ocw+ r -r x r•r ruouw r�w« : a• '. r rw f• •r nw row r..t w.wr rwna Dre.e iwr, Oww r -r . D• -r . a•,•wu wJwa„w n — cw oi:' rotxu rm ""a N° w •°" •' ° •a'° "r ° i EXTERIOR WALLS : f � ° ."�'wr to a"': «+"r • •oea wa K.e+r Trw mg SUNUTE 111 • ra..cAD ar+m uw �!� �M .YCwc r.ewwnrr...rowww. •!�:�•�rrs++ •! •«,wurc •...wr wnno PARKWAY CIRCLE a.t . �swww JwD• ar au .w.l• rrncr Yr1•rrw rwa• rwa r rwsw r •Aa.m rasa• rraN rwws - •w• w ..w- waw.. w r as rwa wrnw ww «wa •w+,ia„r r.aw ats wr a•w W KA« rt Duww • r nrrara •4aRD NJr • JwwrlC tr'Ia rtaDJwD sew Mlir • KOr trrwl {D. et.+c {owi•.,.w,•rcw wm.e wc. •�•rsa.w►r+..aw YO w,r. r.u•.rcww •r.r.•anm ..nano ..«w.nwa BROOKLYN CENTER MINNESOTA ryJ�ncrwr wo •nacawr nwr • w oa laa YJ• 1'ow l M1R• w 4er• •r •aw lacaroa O r.r Jar,. r rrN r.wa• rt xtaa • noow JrAa K,1«l uw N A. •w •Iwcw.w. nwa arorra.•r •.olrurlclr •• iao,aw waD a,o rrrw •NOR OOS •«r«tl•NrN alaa«a{.{ w•xr• FLOOR PLAN • ut a.«o r«aan rwrs . •w• w aw• • rww . aar . r n•rer{a •w�a.,{D rJW . fuaor. aww•It .cur ssrtll l evat:um. . •err . awwncruar aw 1 watale co.l•a • . •� w«u�talwx • • •: «s rwra• sort . rwovq oaow M om...ou.... a.D . racer rJ,wa a •,awr •.-.. ....... no w.a rur { - w. ocalw wwr oaow w•n rawo. rw ►eer war • wcww tuao•IC Jwu •� �, •- •••••• :: • co.c ras+r r« nM . raaam• • aA»o w.a •as• w wa un.w. orrrrrw . w ptaa YJr rw, rwwf ere• ••'�• •� •�� • •• • •'� • ^• rlaax r.ccano a oA.e r..Y DDOrA w rat ar nr1A{tnas • a,aw• surw r.14 yr r r{ Mw- •• ••• • •• • ••• - •^_••_- U U L� • rf[{I R7K rr1+1, rw J• WAD r«la w• rA IAa•ID N • • IM Wptl p per{ Ow4a YDW Naa1 Ml ar lt.. !IHiNIa ^ N y . }jUl. t..aw raw.: rr± w �m owro.•.w.•.wr•r ;aaww:wawo r{arwaw� •Iwr�ce.rro•r•wa Sin•a -i7. AM �5" �4) �3 1iiii 00 0000E O ❑' ❑❑k 000❑ 0000 ❑❑�O❑ 0000 ❑❑ I NORTH ELEVATION w• . r•o• 1 _ 1w a new w L ~L � - �-C -f - �== !_= 4 =_L = == = _ =r_L- — a== .h__r__t _rr_�r= rtt_tr_L -r i._t __r_=- _= 1__r__.� =-t r_t= r =r____ i_ t_1__t _.`-.:r= =r =rrf =-rr ter t_:!r •r i -- � S- z =zzz_f 2 SOUTH ELEVATION IT w•.r•o i B.I B Al A.I A .o++•.0 I I un.wae flw w cac rra e..r.ra w o Gr O necY. Y Ae .wYeD IeIK GM �r 410 r - 1 r i r� r� r �� r1 r� r 7 . °`°' cwc rrsL. • Y LJ LJ LJ LJ LJ LJ LJ lJ LJ LJ ❑ ❑ ❑ ❑ ( ( $ 1 M 3 EAST ELEVATION — — I — Blumentels/ s... m ArcANcctun be w• . r•o• .a4,rc�� — I .�i nl�em.le ( I A.1 Pro } xa JL" ly Dat• — I r — 1aY o navel ` I , '"E III PARKWAY CIRCLE BROOKLYN PARK MINNESOTA BUILDING ELEVATIONS 4 WEST ELEVATION 5 ELEVATION DETAIL U \ \' nrs.afs.- .. }nsf r ,�.. r.o. . r•o • Ron Warren From: Scott Brink To: Ron Warren Cc: Clay Larson; Diane Spector Subject: Sunlite Properties Date: Wednesday, February 05, 1997 4:23PM I have looked at the revised plan submitted by Chuck Plowe for Sunlite Propertie. The plan has not changed significantly, but I do have some concerns about the roof drain going directly into the storm sewer, and the potential of freeze ups or clogging of the storm sewer leading perhaps to other problems. I will discuss this further with Clay. Eric Thompson (Watershed) has also received a copy of this plan. Because the plan has not changed significantly, he is fine with it, and doesn't require another permit application. I do however have a problem with approving this. Since the watershed and City approved this almost a year ago, I have been after Jerry Steffans, his attorney, and Chuck Plowe countless times to provide us with the approval condition requirements which include: 1. Easement Descriptions for new easements, as well as vacating old ones no longer needed. 2. A utility and maintenance agreement (provided for them by the City a long time ago). 3. A WCA Wetland Replacement Plan signed by the developer 4. A cash surety in the amount of $5,000 to be deposited with the City to ensure completion of wetland monitoring. 5. Documentation granting easements over ponding areas, etc. To the best of my knowledge, the City has not received any of these, despite the many reminders. • recommend no further approvals relating to this site until all of these required items are attained. Page 1 rRUi i ++u;FU�;rtr,i �t«t:cuu.;�t PHONE NO. : 16125768301 Feb. 19 1997 03:21i;N P1 • MINUTES OF THE PROCEEDINGS OF TI-M PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR MEETING FEBRUARY 12, 1997 CALL TO ORDER The Planning Commission met in a regular meeting and was called to order by Chair Willson at 7:38 p.m. MOLL C L Chair Willson, Commissioners Graydon Boeck, Mark Holmes, and Rex Newman were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioners Donald Booth and Dianne Reem were excused. APPROVAL OF MINUTES - JANUARY 29 1997 • There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to approve the minutes of the January 29, 1997 meeting as submitted. The motion passed unanimously. Commissioner Holmes abstained since he did not attend that meeting. -CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as 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 in these matters. A2p Lj!CATj0N NQ 97003 (SMITE PROPERT1ESl Chair Willson introduced Application No. 97001, a request to amend the Planned Unit Development approval previously granted to Sunlite Properties under Application No. 96002 on March 25, 1996. The proposed development for an ofcelindustrial building is on a 6.25 acre site located west of Parkway Circle, north of the Hilton Hotel. The Secretary presented the staff report using overhead transparencies to show the location and site and building plans for the new proposal. (See Planning Commission Application Information Sheet for Application No. 97003 dated 2 -12 -97 attached.) Mr. Warren stated the current application is similar to the March 1996 plan for development of the property. Significant changes from the previous plan include construction of a larger facility (73,903 • sqft vs. previous 69,778 sq.ft.); shift of the building location to the east by 25 feet (which provides access and parking around the entire building); and construction of 12 loading docks on the south side 2 -12 -97 1 r C l l r. ti » » »Y CMl ... » » »» 1 nUivc i U. 1b1c5 rb8:301 Feo. 15 1997 03: 22AM P2 • of the building to accommodate each tenant space (rather than centralized loading spaces provided under the 1996 proposal). n of the buildi will be office occ � The appl icant anticipates that 25 p erce nt g and the remainder aPPl P P will be industrial or warehouse space. Mr. Warren reviewed the access and parking plans of the proposal noting that 20 spaces along the north property line are dedicated as off-site accessory parking for the sole use of the adjoining property through an encumbrance filed with Hennepin County. Mr. Warren detailed the grading, landscaping, lighting and trash plans and described the building exterior. The previously approved drainage and wetland mitigation plans for the westerly side of the building remain the same. The Watershed Management Commission has reviewed and approved the storm water plan for the property. Mr. Warren reported that the 5 outstanding condition requirements outlined in the City Engineer's memorandum dated 02 -05 -97 have been filed and completed by the applicant. The engineer will continue discussion with the applicant regarding concerns about roof drainage from the site directly into the storm sewer system. The proposed building location encroaches into an existing drainage and utility easement that requires vacation through an ordinance amendment prior to issuance of any permits for the development. Mr. Warren stated the applicant has met the concerns expressed by the City Engineer and the staff recommends approval of the application subject to conditions 1 -16 outlined in the staff report. Mr. • Warren noted that the Planning Commission serves as the neighborhood advisory group for the industrial park area where this Planned Unit Development is located, therefore no further referral is t i meetin PUD is scheduled a this required. A public hearing on the amen $ q Chair Willson called for questions from the Commissioners. Commissioner Boeck inquired whether control some of the conditions listed in the staff report regarding erosion and sedimen t ontro devices and protection of the ponding and wetland areas have already been complied with given work done relat o the previous application. Mr. Warren indicated many of the conditions are standard v a pp P r e for the ordinance amendment fo a seme t ins and may have been completed. . A petition o 0 lit o P regu lations y p . uestions Mr. Warren confirmed that vacation is in process. In response to Commissioner Holmes q u estions , the documentation required by the engineer has been completed and that appropriate adjoining property owners were notified of the hearing on proposed new development, including the Hilton Hotel owners. Commissioner Newman asked about the status of other conditions listed in the staff report. Mr. Warren stated the City participated in the cost of performing soil corrections on the site through tax increment financing (TIF), as an incentive associated with approval of the original Planned Unit Development. PUBL C HEARING-(APPLICATION M 97003 There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to open the public hearing at 9:08 p.m. The motion passed unanimously. Mr. Janis Blumentals, Blumentals /Architecture Inc., architect for the project, introduced the owners • of the property, Jerry and David Steffens. Mr. Blumentals explained that the new plan provides space for more tenants, better parking distribution, enhanced traffic circulation, and an overall improvement 2 -12 -97 2 r KUi I R ~.r'�rZ.�F tfil i�Fit�FiLli+Fi�i FHONE NO. : 10125 7 08301 F eb. 19 199 03: 23AM P3 • of the design of the project and building. He displayed photos of the color (red aggregate concrete) and texture of the exterior of the building. The owner intends to proceed with this plan and steel has been ordered. Commissioner Boeck expressed concern regarding the roof drainage plans and questioned the 72" a be compromised. Mr. Blumentals stated that methods whereby the integrity of a r may me Y �t Y PP Y P discussions continue with the City Engineer regarding the drainage problems on the site in an effort to resolve the difficulties, and Mr. Warren indicated that building permits would not be issued until the Engineer is satisfied with the plans. Mr. Jerry Steffens, owner of Sunlite Properties, stated that funding for soil correction on the site include $460,000 from TIF, $650,000 of private funds with an additional $69,000 to be expended prior to completion. He described the drainage patterns on the site and reiterated that the issues have been discussed thoroughly with the City Engineer. Although tenants have not yet been acquired, the new building is designed primarily for warehousing and manufacturing operations. The loading docks will accommodate 65 foot semitrailers. CLOSE PUBLIC HEARING (APPLICATION N0. 97003 There was a motion by Commissioner Holmes, seconded by Commissioner Newman, to close the public hearing at 8:25 p.m. The motion passed unanimously. • Chair Willson called for additional discussion or questions. There were no further questions. Following discussion, the Commissioners did not interpose objections to the amended Planned Unit Development proposal as submitted by Sunlite Properties III. ACTION ECOMMENDING APPROVAL QF APPLICATION NQ, 97003 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 97003, a request submitted by Sunlite Properties III to amend the Planned Unit Development approval granted under Application No. 96002, 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. 2, Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of building permits. I 3. A performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to insure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment • shall be appropriately screened from view. 2 -12 -97 3 r KUVI PHONE NO. : 1612 5768301 Feb. 19 1797 03: 23AN Pa • 5. The building is to be equipped with an automatic fire extinguishing system to meet NPPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. • 12. the following additional financial guarantees will be deposited with the City Engineer by the applicant: A. A $2,500 cash surety as required by the Wetland Conservation Act. B. A $5,000 cash surety to insure completion of required wetland monitoring. 13. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County. 14, The 20 parking stalls indicated on the north side shall be dedicated as off -site accessory parking for the sole use of the adjoining property to the north. Said declaration shall be filed with the title to the properties prior to the issuance of permits. 15. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 16. An ordinance amendment vacating a portion of the drainage and utility easement on this property affected by the proposed building expansion shall be accomplished prior to the issuance of building permits for this project. • 2 -12 -97 4 • Voting for: Chair Willson, Commissioners Boeck, Holmes, and Newman. The motion psssod unanimously. The Council will consider the recommendation at its Monday, February 24, 1997 meeting. 'the applicant must be present. Major changes to the application as reviewed by the Commissioners will, require that the application be returned to the Commission for re- consideration. .APPLICATION NQ, 97004 (LINE DRIVE BATTING CAGBS� . Warren informed the Commissioners that the applicant pP licant requested that Application No. 97004 be tabled. According to the applicant, the owner of the building decided against leasing property for the intended use under that application. The Commissioners acknowledged the application and the tabling request. Mr. Warren indicated the application will be held for 60 days to allow the applicant time to find another location. If no location is found within that time, the matter will be brought back to the Commission for a formal disposition. ACTION REGARDING APPLICATION NO. 97004 There was a motion by Commissioner Beck, seconded by Commissioner Holmes to table consideration of Application No. 97004, Line Driving Batting Cages, as requested by the applicant. Voting for: Chair Willson, Commissioners Boeck, Holmes, and Newman. The motion passed unanimously. 01M BU-SM- S S Mr. Warren reviewed the status of development projects in the City. The next Commission meeting will be on Wednesday, February 26, 1997. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:35 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial 2 -12 -97 5 qa , MEMORANDUM • DATE: February 14, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: An Ordinance Vacating Drainage and Utility Easements , Tract A, Registered Land Survey No. 1572 (Sunlite Properties) % v The above referenced property is located along Parkway Circle, in the commercial/industrial area bounded by Shingle Creek Parkway, Freeway Boulevard and Shingle Creek (Exhibit A). A site plan approval for this parcel is also scheduled for Council consideration at the February 24, 1997 Council Meeting. As part of approval of the site plan, it will be necessary to vacate two existing drainage and utility easements, and to establish new easements to accommodate the site plan, as well as requirements of the City and Shingle Creek Watershed Commission. Exhibit A provides a more specific view of the existing and proposed easements. Vacation of the existing easements will require action by the City Council. Final approval of the vacations will be subject to the establishment of a new drainage and utility easement. The item is • re sented to the Council this evening for a first e A P g reading. letter has also been sent to the private utilities requesting comment on the proposed vacation. • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 24th day of March, 1997, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating drainage and utility easements located in Tract A, Registered Land Survey Number 1572. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING DRAINAGE AND UJILITY EASEMENTS IN TRACT A REGISTERED LAND SURVEY NUMBER 1572 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS; Section 1. The following easements in Tract A, Registered Land Survey Number 1572, described as follows are hereby vacated: 1. A drainage and utility easement, as filed in the Office of the Registrar of • Titles, Hennepin County, Minnesota, as Document No. 1542291, more specifically described as follows: A drainage and utility easement over the northerly 48 feet of Tract D, Registered Land Survey No. 1564, Section 35, Township 119 North, Range 21 West, in Brooklyn Center, Hennepin County, Minnesota, lying southerly of the following described line: Beginning at the most westerly corner of Tract D, thence North 70 degrees 24 minutes 52 seconds East, assumed bearing, a distance of 596.35 feet along the northerly line of said Tract D and there terminating, the side lines of said easement lengthened or shortened to terminate along the lot lines of said Tract D. 2. A drainage and utility easement, as filed in the Office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1520298, more specifically described as follows: A drainage and utility easement 40 feet wide, in Tract C, Registered Land Survey No. 1537, Section 35, Township 119 North, Range 21 West, in Brooklyn Center, Hennepin County, Minnesota, the _centerline of which is • described as follows: Beginning at a point on the westerly line of said Tract C a distance of 200.0 feet • southeasterly of the most westerly corner of said Tract C, said westerly line has an assumed bearing of North 47 degrees, 08 minutes, 12 seconds West; thence North 43 degrees, 06 minutes, 53 seconds East, a distance of 353.91 feet, and there terminating. Together with a drainage and utility easement 20.00 feet wide, the centerline of which is described as follows: Commencing at a point on the westerly line of said Tract C, a distance of 200.0 feet southeasterly of the most westerly corner of said tract C, said westerly line has an assumed bearing of North 47 degrees, 08 minutes, 12 seconds west; thence North 43 degrees, 06 minutes, 53 seconds East a distance of 353.91 feet to the point of beginning of said 20.00 foot easement; thence North 70 degrees, 24 minutes, 52 seconds East to the most westerly line of Tract B, Registered Land Survey No. 1537 and there terminating. The side lines of said 20.00 foot easement are prolonged or shortened to terminate on the westerly line of said Tract B and easterly end of the 40.00 foot easement. Section 2. Adoption of this ordinance shall be subject to the execution of an agreement between the City of Brooklyn Center and the property owner of said parcels, providing for the grant of utility and drainage easements to replace said vacated easements. • Section 3. This ordinance shall be effective after adoption and thirty days P �Y s Y following its legal publication. Adopted this day of , 1997. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) EXHI IT A i INGLE � PARKWAY SH PROPOSED VA TION _, mono .- XISTING EASEMENTS y PROPO SED BUILDING WV EASMEW t 1 CXISI 0p� E �Qa City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manage DATE: February 20, 1997 SUBJECT: Heritage Center Open House In discussions with Heritage Center staff, the Historical Society, and the Earle Brown Days Committee, there has been support for a community open house at the Heritage Center. This community open house would allow us to showcase the facility and its potential for many different types of uses. I would propose that we conduct an open house on Sunday, June 22. In connection with this open house, I would propose inviting non - profit, community -based, non - political organizations to join with us in showcasing both the facility and the community. The general criteria that would be used for community -based groups participating in the open house would be that their • proposed activities would be complimentary to the main goal of allowing residents the opportunity to tour and enjoy the facility and become aware of its potential. Some of the proposed activities would include period costumed tour guides from the Historical Society and period displays. I am requesting that the Council support this proposal. This concept, in addition to marketing the Heritage Center, would allow community residents the opportunity to tour and explore the facility in an atmosphere that would also include social and entertainment value for them. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center lob A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: February 20, 1997 SUBJECT: Zoning Issues and Pawn Shops To summarize the materials that you received at the last City Council meeting, our current Ordinance does not have separation requirements between pawn shops and has several distance limitations between pawn shops and certain types of uses. The distances established in the City of Richfield zoning ordinance provides a 1,000 foot separation from schools, churches, day cares, public libraries, or government buildings. Pawn shops, under the Richfield ordinance, are also prohibited within 250 feet of residentially zoned property. The current Brooklyn Center ordinance provides a 300 foot distance between pawn shops and churches or schools only. If the City Council wished to look at reater separation between g p pawn shops and certain uses such as schools, churches, day cares, and public buildings, it would appear to be within your discretion. The other issue previously discussed dealt with the zoning issue of whether pawn shops should be located in commercial zones having a greater separation from neighborhoods. As indicated in Mr. Warren's January 22, 1997, memo, zoning may be used to limit the distance of pawn shops from residential areas in the fashion currently done with gas stations, car washes, amusement center, saunas, and massage parlors. If the City Council wished to further pursue how we deal with the zoning of pawn shops, this matter could be referred by the City Council to the Planning Commission to have them further explore the materials that have been developed regarding what other cities do with a direction to look at disbursing pawn shops and the distances between pawn shops and certain uses that the Council would like to have examined. 6301 Shingle Creek Pkwy, Brooklyn Center, AIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 3 City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: February 20, 1997 SUBJECT: Liquor Inquiry In response to the inquiry at the last City Council meeting, the City's current liquor licensing ordinances would prohibit the granting of a liquor license for establishments conducting activities described in our adult use ordinances. Attached is a copy of the applicable sections of the City's Ordinance indicating the prohibition on a liquor license in an adult entertainment establishments. Attachment • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer ; 0OOKLYN CFpt� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Mike McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: February 20, 1997 SUBJECT: Adult Establishments and On Sale Liquor Chapter 11 of the City Ordinances, the Liquor Ordinance has three sections designed to limit the circumstances under which an on sale license can be issued. The first, Prohibited Activities, 11- 718, covers specifically adult activities. The second, License Required, 11 -702, specifically outlines how much of the revenue of an establishment must be derived from the serving of food • and/or hotel room rental. The third, Definition of Terms 11 -701 specifically defines a hotel and > p Y a restaurant by size and layout which would preclude a business from qualifying for a license if engaged in another business, i.e. adult business. SK/jm aduitmem f. The construction and maintenance of the booth used by the charitable organization • shall be the sole responsibility of the charitable organization. g. The lease shall contain a provision permitting the licensee to terminate the lease if the charitable organization is found guilty of any violation of state or local gambling statutes, ordinances, or rules and regulations. J. Only one charitable organization shall be permitted to sell pull -tabs on the licensed premises. 4. The licensee may not be reimbursed by the charitable organization for any license or permit fees, and the only compensation which the licensee may obtain from the charitable organization is the rent fixed in the lease agreement. 5. The licensee must commit to a minimum of twenty -five (25) hours of sales of pull -tabs for the charitable organization per week. 6. The licensee shall be responsible for the charitable organization's conduct of selling pull - tabs. The city council may suspend for a period up to sixty (60) days or revoke the licensee's permission to allow gambling on the premises for any violation of state or local gambling laws or regulations that occur on the premises by anyone, including the licensee or the charitable organization. Any violation may also be considered by the city council • as grounds for suspension or revocation of the on -sale liquor license. Section 11 -718 PROHIBITED ACTIVITIES. Subdivision 1. Prohibition. It is unlawful for any licensee, owner or manager of any establishment licensed under Sections 11 -701 through 11 -718 of this Code to cause, commit, permit or allow in the licensed premises any of the activities listed in this section or any similar activities or to sell liquor in any premises from which any such activities may be viewed or heard. Subdivision 2. Prohibited Activities. Activities referred to in Subdivision 1 of this section include the following: a. Nudity, sadomasochistic abuse or sexual conduct as those terms are defined in Section 19- 1700 of this Code, either actual or simulated. b. Mud wrestling, wet T -shirt contests lingerie show s g s or displays, or strip-tease dancin g P Y� . g • -52- C. The display of any of the foregoing by any means including, but not limited to, books, • printed material, magazines, movies, pictures, videos, plays, exhibitions, recordings, closed circuit television, productions, or any other device or contrivance in any way which is capable of being used or adapted to arouse interest, or to affect the human senses, whether through the medium of reading, observation, sound or any other means. Subdivision 3. Penalty. Violation of this section is grounds for revocation of any license issued under Sections 11 -701 through 11 -713 of this Code. • -53- Section 11 -616. PENALTIES. Any person violating any provision of this ordinance shall be • guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. INTOXICATING LIQUOR LICENSES Section 11 -701. DEFINITION OF TERMS. 1. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. 2. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. 3. The term "off- sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. 4. The term "on -sale liquor" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. • 5. The term "wholesale" means and includes any sale for purposes of resale. The term it wholesaler means any person engaged in the business of selling intoxicating liquor to retail dealers. 6. The term "manufacturer" includes every person who, by any process of manufacture, fermenting brewing, distilling, refining, rectifying blending, or by the combination of different materials, prepares or produces intoxicating liquors for sale. 7. As used in this ordinance, the term "person" includes a natural person of either sex, partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the plural and the masculine pronoun includes the feminine and neuter. 8. The terms "package" or "original package" mean any corked or sealed container or receptacle holding intoxicating liquor. -35- 9. The term "hotel" means and includes any establishment having a resident proprietor or manager where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable, and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. In the case of an on -sale Class E license, the hotel shall have a dining room with appropriate facilities for seating not less than 30 guests at one time where guests are provided with food and beverages. 10. The term "restaurant" means any establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of which is the serving of foods for consumption on the premises. 11. The term "premises" as used in this ordinance, shall mean the inside of the building or the • leased space inside a building as shown on the plan submitted to the chief of police with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained pursuant to Section 11 -702, paragraph 3i for a limited period of time under certain conditions. Section 11 -702. LICENSE REQUIRED. I. No person except wholesalers or manufacturers to the extent authorized under state license, and except the municipal liquor store, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this ordinance. 2. "On -sale liquor" licenses shall be issued only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods for consumption on the premises, and to hotels conducted in such a manner that, of that part of the total revenue derived from the serving of foods and intoxicating liquors, a significant part thereof for the license year is derived from the serving of foods for consumption on the premises. The term "significant part" is defined under each license class. -36- • 3. The following are the types of "on -sale liquor" licenses which can be issued under this section: a. On -Sale Class A Liquor License: 80% or more of the applicable revenue derived from the serving of foods for consumption on the premises; Class A licenses are available to all hotels and restaurants. b. On -Sale Class B Liquor License: 50% through 79% of the applicable revenue derived from the serving of foods for consumption on the premises; Class B licenses are available to all hotels and restaurants. C. On -Sale Class C Liquor License: 40 % through 49% of the applicable revenue derived from the serving of foods for consumption on the premises; Class C licenses are available only to hotels and to restaurants which derive a considerable part of their revenue from sources other than liquor and food. d. On -Sale Class D Liquor License: This is a probationary license for new applicants who have not established a ratio between food and liquor for the licensed premises. Twelve months of documentation of food and liquor sales shall be presented to the chief of police on or before renewal time to determine the appropriate license class for the following year. If such documentation is not available, the probationary license shall be extended for no more than one additional year. Otherwise, a Class A, • B, or C license will be assigned based on established ratio. e. On -Sale Class E Liquor License: This license is available only to hotels which serve food and liquor in a dining room to guests. Applicants for Class E licenses must submit with their applications menus of food and nonalcoholic beverages which will be served with the liquor dispensed. The city council will determine whether such food and beverages are adequate to protect the public interests. Changes in menu may not be made without the prior approval of the chief of police. Liquor may be dispensed for no more than two hours a day d shall not be .m. dispensed before 4 Y P P or after 8 p.m. The licensee may not P require the payment of consideration for liquor q other than that which is paid as its regular charges for rooms. The area designated as the dining room shall be adequately separated from other common areas of the hotel by physical barriers to control ingress and egress and to ensure security and compliance with the provisions of this Code. Class E licensees may serve liquor on Sunday subject to the provisions of this Code without a separate Sunday on -sale liquor license. • -37- f. On -Sale Class F Liquor License: This license is available only to the Earle Brown • Heritage Center Convention Facility. This license applies to the sale and dispensing of liquor to patrons attending events at the center and shall not be valid for amateur athletic events. This license allows for the sale and dispensing of liquor of the convention center and bed and breakfast facilities located at the Earle Brown Heritage Center. g. Sunday On -Sale Liquor License: Establishments to which "on -sale liquor" licenses have been issued may file an application with the chief of police to serve intoxicating liquor during set hours on Sundays in conjunction with the sale of food. h. Temporary On -Sale Liquor License: Any club, or charitable, religious, or other nonprofit organization in existence for at least three years, may be issued a temporary license for the on -sale of intoxicating liquor in connection with a social event within the City sponsored by the licensee. The license may authorize the on -sale of intoxicating liquor for not more than three consecutive days, and may authorize on- sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full -year on -sale intoxicating liquor license issued by a municipality. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety. i. Special Provision; Sports, Conventions, or Cultural Facilities: The city council may authorize a holder of a retail on -sale intoxicating liquor license to dispense intoxicating liquor at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the municipality and located within the municipality. The licensee must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to use the premises, and may dispense intoxicating liquor only to persons attending the event. The licensee may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. • -38- j. Special Provision; Expansion of Premises for Special Events: Special permission • may be granted either by the City Council or in writing signed by both the chief of police and the director of planning and inspection for a temporary expansion of the licensed premises for wedding receptions, parties, promotional activities or other special events. Special permits may be issued only for specified areas of the same lot, piece or parcel of land on which the premises lies or a contiguous lot, piece or parcel of land. Application shall be made to the chief of police on a form provided b t PP P P y he City and all information requested by the chief of police shall be submitted therewith. Permits may be granted for a period of no more than ten days, and permits may not be granted for a total of more than forty days in any one license year. In acting on an application, consideration shall be given to such factors as noise, nature of entertainment to be provided, potential difficulties with law enforcement or security, proximity of residential or other sensitive land uses, effect on parking or other zoning or land use controls, and the nature of the event proposed. The permit may specify conditions with which the licensee must comply, and the sale of liquor pursuant to the permit shall be deemed a consent and agreement to the imposition of such conditions. Violations of any such conditions or any other provisions of law are grounds for suspension or revocation of the permit and of the licensee's liquor license. Permits issued pursuant to this paragraph may be suspended without prior notice by the chief of police upon determination that such suspension is necessary or expedient to protect the public health, safety or welfare. • k. For 1989 on -sale Class C liquor licensees, calculation of the percent of applicable revenue derived from the serving of foods for consumption on the premises shall be made beginning in 1991 for licenses issued for 1992 and subsequent years. Section 11 -703. NUMBER OF LICENSES ISSUED. The number of "on -sale liquor" licenses issued by the City of Brooklyn Center shall be limited to 18. The license for the Earle Brown Heritage Center shall not be counted in the 18 license limit. • MEMORANDUM DATE: February 20, 1997 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services SUBJECT: An Ordinance Granting to Northern States Power Company, a Minnesota Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Brooklyn Center, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such Purposes This item represents the renewal of NSP's franchise to operate an electric distribution system and transmission lines in Brooklyn Center. This franchise was last reviewed and renewed 20 years • ago, in 1977. This proposed franchise is based upon an SRA/League of Minnesota Cities model franchise ordinance. In general, this ordinance grants NSP the right to provide electric energy in the City for a period of 20 years. The ordinance p or rovides that electric facilities on public grounds rights of wa P � g Y will be located as determined or approved by the City. Pavement cuts may not be made without the previous permission of the City, unless it is an emergency situation. The City may impose a fee for pavement cuts. Prior to now, the City has not imposed a street cut permit fee, however, it is likely that such a fee will be considered in the near future. Finally, the franchise contains a "reopener clause," which allows the City to reopen negotiations on the franchise in 10 years if there are provisions which other cities are negotiating in their franchise agreements which we would like to have in ours. It also provides the City with the opportunity to address regulatory or other issues which may arise in the next 10 years. Subdivisions 3.7 and 4.1 are especially relevant given the Neighborhood Street and Utility Improvement Program. It has been past practice and will continue to be a priority for the City to involve NSP and other private utilities in the design process for improvement projects as soon as possible. The City's franchise has always required NSP to relocate its facilities within the rig ht of way at no charge to the City, if such a relocation is necessary to accommodate a new street design (such as relocating street lights when a street is widened). If the city desires an upgrade to the electric facilities (for example, undergrounding overhead power lines_ or replacing wooden • street light poles with fiberglass poles), then that cost increment is the City's responsibility. A new provision provides for NSP and the City to execute agreements regarding specific improvement projects wherein the City may specify dates certain by which NSP's work should be completed, and consequences should the wok not be completed. This would be especially helpful for projects in which timing is critical and delays may result in increased cost or inconvenience. Finally, the franchise ordinance provides that the city may, by separate, future ordinance, impose a franchise fee, in an amount which is similar to those imposed by other cities. At this time, there is no intent to consider such a fee, but this section would provide the City with the right to consider a fee in the future. This ordinance is presented for discussion and a first reading. It has been reviewed by the City Attorney and by NSP. • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 24th day of March, 1997, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance granting Northern States Power Company a franchise to construct, operate, repair, and maintain an electric distribution system and transmission lines in Brooklyn Center and to use public ways and grounds for such purposes. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY A MINNESOTA CORPORATION ITS SUCCESSORS AND ASSIGNS. PERMISSION TO CONSTRUCT OPERATE REPAIR AND MAINTAIN IN THE CITY OF BROOKLYN CENTER MINNESOTA AN ELECTRIC DISTRI13UTION SYSTEM AND TRANSMISSION LINES INCLUDING NECESSARY POLES LINES FIXTURES AND APPURTENANCES FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY ITS INHABITANTS AND OTHERS AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES • THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. DEFINITIONS. Subdivision 1. City The City of Brooklyn Center, County of Hennepin, State of Minnesota. Subdivision 2. City Utility System Facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof. Subdivision 3. Commission The Minnesota Public Utilities Commission or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Subdivision 4. Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. Subdivision 5. Electric Facilities Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Subdivision 6. Non - betterment Costs Costs incurred by Company from relocation, • removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. Ordinance No. Subdivision 7. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Law Department, 414 Nicollet Mall, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Subdivision 8. Public Ground Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Subdivision 9. Public Way Any street, alley, walkway or other public right -of -way within the City. S ection 2. FRANCHISE. Subdivision 1. Grant of Franchise City hereby grants Company, for a period of ten (10) years, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to • accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. Subdivision 2. Effective Date: Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by Company, and its publication as required by law. An acceptance by Company must be filed with the City Clerk within ninety (90) days after publication. Subdivision 3. Service. Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. Subdivision 4. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. Subdivision 5. Dispute Resolution If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (3 0) days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in District Court to interpret • and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. • Ordinance No. Section 3, LOCATION, OTHER REGULATIONS. Subdivision 1. Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. Under this franchise agreement the City does not relinquish its police power regulatory authority and Company does not relinquish its eminent domain authority. Subdivision 2. Field Locations. Company shall provide field locations for any of its underground Electric Facilities consistent with the i �' requirements of Minnesota Statutes, Chapter 216D. Subdivision 3. Street 01enings. Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. Subdivision 4. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two (2) years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent (10 %) additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Subdivision 3.4. Subdivision 5. Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. Subdivision 6. Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. P • Ordinance No. Subdivision 7. Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (I) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. Section 4. RELOCATIONS. Subdivision 1. Relocation of Electric Facilities in Public Ways. Except as provided in Subdivision 4.3, if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein. Company shall relocate its Electric Facilities at its own expense, and in a timely manner such as may be set forth in a document executed by both parties. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five (5) years of a prior City - requested relocation of the same Electric Facilities, which was made at Company expense, the City shall • reimburse Company for Non - Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. Subdivision 2. Relocation of Electric Facilities in Public Ground. Except as may be provided in Subdivision 4.3, City may require Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at Company's expense. Subdivision 3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financial) P �' P P Y subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non - Betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which 'reimbursement to it is not • available., • Ordinance No, Subdivision 4. No Waiver. The provisions of Section 4 apply only to Electric Facilities constructed in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right, or State or County permit. Section 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. Company shall confer with the City Forester prior to commencement of tree trimming on any Public Grounds. Section 6. INDEMNIFICATION. Subdivision 1. Indemnification of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. Subdivision 2. Defense of City In the event 'a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Section 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two (2) weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right -of -way under Minnesota Statutes, Section 160.29. Section 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City • provided in this Ordinance. • Ordinance No. Section 9. FRANCHISE FEE. If at any time after the date hereof, the Company is collecting and paying a franchise fee in two or more cities in the seven -county metropolitan area, based on a franchise ordinance adopted by such cities after the date of this franchise agreement, and in which cities Company was not paying a franchise fee in February, 1997, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee substantively identical to the franchise fee being collected in two or more cities identified in the Notice. If the Company refuses to do so within 90 days after receiving said Notice from the City, the City may terminate this franchise agreement upon 30 days prior written Notice unless the Company gives Notice to the City within said 30 -day period that it will immediately agree to accept an amendment of this Ordinance authorizing collection of a fee under this franchise agreement on the same terms and conditions and in an amount not exceeding the fee being collected in two or more other cities as referenced in the City's Notice. In addition, after this franchise agreement has been in effect for 10 years, the City may give the Company Notice that it desires to amend the franchise to incorporate specific provisions which the Company has agreed to in the franchise for two or more other cities in the seven -county metropolitan area, based on a franchise ordinance adopted by such cities after the date of this franchise agreement, which cities are identified in the Notice. If the Company refuses to do so within 90 days after receiving said Notice from the City, the City may terminate this franchise upon 30 days prior written Notice unless the Company within that time provides Notice to the City that it will immediately agree to accept an amendment to this Ordinance incorporating the desired franchise provisions existing in two or more other cities as referenced in the City's Notice. The payment of a franchise fee as provided by this Section does not relieve Company from paying fees to City unrelated to the installation, ownership or operation of Electric Facilities, such as building permit fees. Section 10. PROVISIONS OF ORDINANCE. Subdivision 1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Subdivision 2. Limitation on Applicability_ This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) sous to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Section 11. AMENDMENT. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within ninety (90) days after the effective date of the amendatory ordinance. • Section 12. REPEAL OF EXPIRED FRANCHISE ORDINANCE. Sections 9 -201 through 9 -213 of the Brooklyn Center City Ordinances are hereby repealed. Ordinance No. • Section 13. EFFECTIVE DATE. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1997. Mayor ATTEST: City Clerk Date of Publication • Effective Date • ids • MEMORANDUM DATE: February 20, 1997 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Service SUBJECT: Resolution Approving Lease Agreement Between the City and Sprint Spectrum for the Siting of Personal Wireless Communications Facilities at Water Tower No. 1 A few months ago the Council approved a policy and a model lease relating to the potential lease of space on water towers for use by personal wireless communications facilities. This was in response to the growing number of players in the PCS (personal communications systems) area of cellular and digital communications. Staff has reached an agreement with SBA, Inc., which is acting as an agent for Sprint Spectrum, a digital PCS provider, for the lease of space on water tower number 1 (France and 69th Avenues) and space on that parcel of land for the siting of its associated electronic equipment. This would represent the first such lease of City facilities for this purpose. • The lease presented to you for your consideration is based upon the model lease, with a few changes negotiated between SBA and the City Attorney and staff. We believe the proposed lease adequately provides for the protection of the water tower and its operation, and does not, for those areas where the City has authority to regulate, result in a health or safety risk to the community. Note that the FCC has regulatory authority over areas such as interference with other communications, concerns over possible health risks associated with the technology, and many areas related to operations. The following are the areas of primary concern and the lease provisions which address those concerns: 1) Lease payment. Sprint Spectrum is prepared to pay the City $14,000 in the first year, annually increased by 5 percent or the CPI, whichever is greater, for a period of 20 years to locate up to 12 panel antennas on the catwalk of tower one. The lease also includes a 15'x20' site on the tower parcel for siting its associated electronic equipment. The 20 year period, which represents an initial 5 year lease with three 5 year renewals, is longer than that approved by the Council in the model lease, which was 15 years, or an initial 5 years with two renewals. However, Sprint Spectrum agreed to a lease rate of $14,500 the first year instead of the Council's suggested $12,000 in exchange for that additional renewal period. This higher base provides the city with a buffer should the "market rate" for such leases grow substantially over the term of this lease. 2) Aesthetics. The water tower is located in a residential area at France and 69th Avenues. The lease requires that all equipment installed on the water tower be painted the same color as the structure, to minimize its obtrusiveness. The ancillary equipment on the ground would be self- contained in cabinets enclosed in an industrial -grade fence "cage," and be screened from public view by landscaping consisting of black hills spruce and ornamental shrubbery. 3) Protection of the Structure and Operations. The engineering consultant retained by SBA to • design the attachments to the structure and to inspect the construction and repair of any damage which might occur during installation is the same consultant the City has in the past utilized for tower inspections and repairs. This consultant is responsible for certifying to the city's satisfaction that the installation of the equipment is in no way harmful to the integrity of the structure and its coatings. All installations must be inspected by public utility staff to ensure that the equipment does not hamper the operations of the tower. 4) Maintenance. The ground lease includes access to the site from France Avenue. Sprint Spectrum will construct a bituminous driveway, and is responsible for its maintenance, including repairs, plowing, etc. Also, Sprint Spectrum is responsible for repairing any vandalism to the site within 3 days of its report to them. If not repaired or cleaned by that time, the City may complete the work and bill Sprint Spectrum for those costs. The cage housing the ancillary equipment would be wired for intrusion alarm. 5) Safety and Liability. Sprint Spectrum is required to indemnify the City against any claims, losses, etc., resulting rom Sprint's use of the facility. In addition Sprint is required to maintain g P , h' P q adequate workers compensation, general liability, and automobile liability insurance. 6) Termination. The lease specifies various conditions under which the lease might be terminated by either party. In general, if Sprint Spectrum would lose its license, or for some technical reason such as interference from another party would be unable to continue to utilize this site, it may request termination of the lease with no penalty. If a higher priority user (such as a public safety user) should require that site for its facilities, the City may terminate the lease. If either • party fails to live up to the terms of the lease, it may be terminated. If, however, Sprint Spectrum should simply decide to leave the site, for reasons such as getting out of the business, or moving to a more desirable site, then it must pay an early termination penalty of 150 percent of the annual lease. I have attached a simple sketch of the tower showing an approximate rendering of one of the three locations on the tower of the panel antennas. Sprint Spectrum proposes to install 6 antennas, starting in March, 1997, with the potential to add 6 more in the future. The antennas are installed in three groups of two, separated by 120 of circumference. Cables would be attached to the "legs" of the Structure, running underground to the electronic equipment in the caged compound. Plans submitted by Sprint Spectrum have been reviewed and approved by staff, subject to the following conditions: 1) Plan shall include a bituminous driveway for access to the compound from France Avenue. Driveway shall be a minimum of 8 feet wide. 2) Compound shall be fully enclosed in industrial grade chain link fencing. 3) Equipment compound shall be screened from public view by appropriate landscaping. A landscaping plan shall be prepared and approved prior to the issuance of any building permits. 4) A plan which details method of temporary coatings repairs for any damage to Structure coatings • which occurs prior to suitable temperatures for applying final coatings'sball be prepared and approved prior to issuance of any building permits. • 5 ) All easements shall be fully executed prior to issuance of any building permits. SBA, Inc. has indicated that Sprint Spectrum is willing to make all changes to the plans specified in these conditions. Approval of the lease includes approval of the plans, subject to the above- stated conditions. The lease has been reviewed by the City Attorney and staff, and we recommend its approval. • • • SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( "Lease "), made this day of 199 between City of Brooklyn Center ( "Landlord "), and Sprint Spectrum L.P partnership ('Tenant ., a Delaware limited "). For good and valuable consideration, the parties agree as follows: 1. ' Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property, located at 6831 France Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements, and a portion of Water Tower #1 or other structures ( "Structure ") , as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's City Engineer, together with appurtenant easements and access rights ("Leased Premises "). 2. Rent. (a) Amount Ad"ustments As consid _.._.� eration for this Lease, Tenant shall pay Landlord an annual rent in the amount of fourteen thousand five hundred dollars ($14,500.00) for the initial year, which shall be increased each year on January 1, by the greater of: (a) five percent (5 %) of the previous year's annualized rental, or (b) an amount equal to the increase in the Consumer Price Index ( "CPI "). The CPI shalt m ' can the "Consumer Price IndeX for All Urban Consumers, All Cities, All Items • (1967 = 100 ) as ubli p shed by the United States Department of Labor Statistics, or if such index shalt be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be p aid b Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied y r figure, computed from a fraction, the numerator of which shall be the CPI or the hi third the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year), (b) Time of Payment Taxes Landlord shall communicate all rental increases to the Tenant in writing bythe preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below within thirty (30) days of final execution of this Lease, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease and all other payments required herein. 3. Governmental Approval Continaencv (a) Tenant Application Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified • October, 1996 Page 1 Cky of Brooklyn Center Lease Agreement • . in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals. (b) Engineering Studies Before obtaining a building permit, Tenant must submit a study or studies that shall address, but not be limited to the following: (1) a radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant's intended use will not interfere with any existing or anticipated communications facilities and (ii) an engineering study showing that the presence of the Tenant's Facilities, as defined in Subparagraph 5 (b), will not prejudice the use of the Structure, inhibit the City's operation and maintenance of the facility and its appurtenances, inhibit access, nor damage the Structure, its coatings, or its appurtenant facilities. If Landlord concludes after review of the study that there is a potential for interference that cannot be reasonably remedied, or for prejudice to the Structure or its use, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non - approval In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed pro rata based on the effective date of the termination, for the annual rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Upon such termination, this Lease shall become null and void and the parties shall have no further • obligations to each other except for obligations for payments of money incurred prior to the effective date of termination and except for any other obligations which, by the terms of this lease, are to survive termination. 4. Term and Renewals. The Initial Term of this lease shall commence on the date in the first paragraph of this Lease ( "Effective Date "), and end on December 31 of the fifth calendar year of the Lease including any first partial year. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ( "Renewal Term') commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non- renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 21 of this Lease. 5. Tenant's Use. (a) User Priority Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; October. 1996 Page 2 rta - GYJ - 177! lo• 1� StfH, 1N1,. 83�1y�4 r'. 1biG� 001 of Brooklyn Center Lease A reernent • 2. Public safety agencies, including aw enforcement fire, e, and ambulance services, that are not part of the Landlord' r 3. Other overnmental a . 9 ag encies where 9 e e use is not related to public safety, and, 4. Government- regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a communications antenna facility, e quipment, , cabinets and an tyr q pment acce building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenants use of the Leased Premises shall at all times be in compliance with those construction drawings attached hereto as Exhibit B, the approval of which Is hereby acknowledged. This use shall be non - exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of antennas centered at 119.3 fAGL, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ( "Antenna Facilities' ). Landlord and Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction Tenant may erect and operate an antenna array with up to twelve (12) antennas in accordance with its approved application attached as Exhibit C and those construction drawings attached as Exhibit B. Tenant may not increase the number of antennas beyond twelve (12) • without first securing the approval of Landlord by written amendment to this Lease. (d) O2eration Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices and with all applicable local, state, and federal laws, rules and regulations. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense, said repairs to be undertaken immediately in the event the damage endangers the safe operation of the water tower, or within 30 days in the event the damage does not endanger the safe operation of the water tower. if the Tenant fails to undertake or complete these repairs, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. The Antenna Facilities shall remain the exclusive property of the Tenant. (e) Maintenance Improvement Expenses All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and kept secured by Tenant. If Tenants Antenna Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. The Tenant agrees to clean an and/or 9 or repair any damage to its Antenna Facilities due to vandalism within three (3) days of notification of such damage. Furthermore, the Tenant agrees to pay all costs associated with said repair. If repair is not commenced within three (3) days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. • October, 1996 Page 3 City of Brooklyn Canter Lease A reement •. (f) Replacements Before the Tenant may update, modify, or replace the Antenna facilities other than as provided for in the construction drawings attached as Exhibit B, Tenant shall notify and provide detailed plans and specifications to Landlord. Tenant shall submit to Landlord such detailed plans and specifications for any such replacement facilities together with any other information reasonably requested by Landlord regarding such update, modification, or replacement, including but not limited to a technical study, carried out at Tenant's expense. (g) Drawings Tenant shall provide Landlord with as -built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. (h) No Interference Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (1) Access Tenant, at all times during this Lease, shall have access to the Leased Premises and to the Structure in order to install, operate, and maintain its Antenna Facilities. Tenant shall notify Landlord of its intent to gain access to the Structure at least twenty four (24) hours in advance, except in an emergency. Such access shall be coordinated with Landlord so as to not interfere with Landlord's maintenance or other activities. • U) _Payment of Utilities Tenant shall separately meter charges for rg the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith, 6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days in any calendar year unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the Structure, including repair of the Structure and its coatings. Landlord agrees to provide sixty (60) days notice of commencement of maintenance activities. Tenant is responsible for any cost associated with the protection of the Antenna Facilities during these periodic or non - emergency maintenance activities. October. 1996 Page 4 City of Brooklyn Colter lease Agrvement • Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance. Tenant may, at its own expense, test said lines before and after maintenance. 8. Intentionally Omitted 9. Additional BuIldinas Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenants building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building or interfere with Tenant's use of the building.. g Said buildings shall be consistent in appearance and character with the surrounding area, and shall be in accordance with all standards developed by the Landlord's Building Official. 10. Defense and Indemnification. (a) General. neral. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and • other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease arising from Tenant's installation, maintenance, and operation of its Antenna Facilities or Tenants use of the Leased Premises, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord or other users of the Property. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenants Antenna Facilities, equipment and related facilities on the Leased Premises. Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs (including reasonable attorney's fees ) and claims of liability or loss which arise out of Landlord's use of the Leased Premises, except those which arise from the negligence, willful misconduct, or other fault of Tenant. Landlord shall not be obligated to indemnify Tenant in any amount in excess of the limitations of liability set forth in Minnesota Statutes, Chapter 466, less any amounts which Landlord is obligated to a b reason . p ay Y of the liability of Landlord its officers, employees, and agents arising out of the same act or occurrence. (b) Hazardous Materials Without limiting the scope of Subparagraph 10 (a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises resulting from the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Landlord represents that it has no knowledge of any Hazardous Materials on the Leased Premises. October, 1996 Page S City of Brooklyn Center Least Agreement • (c) Tenant's Warranty Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous materials, unless Tenant specifically informs Landlord thereof in writing twenty -four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 10 shall survive the expiration or other termination of this Lease. 11. Insurance (a) Workers Compensation The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 bodily injury each accident, $500,000 bodily injury by disease, policy limit, and $500,000 bodily injury by disease, each employee. (b) General Liability The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage — broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence 1 000 $ ,Q00 ersonal and advertising p injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an • umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy re no less than the underlying comprehensive general liability coverages. y Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (c) Automobile Liability The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverages afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for h maintenance or operation of all owned, non -owned and hired automobiles. the ownership, use, The Commercial Automobile Policy shall include at least statutory, personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Tenant Property I nsurance The Tenant must keep in force for the duration of the Lease a Policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. • October, 1996 Page 6 Ciry of Brooklyn Center Lease Agreement • (e) Additional Insured - Certificate of Insurance The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company , authorized to do business in the state of Minnesota, such insurance company to be reasonably acceptable to Landlord, which includes all coverages required in this Paragraph 11. Tenant will name the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to the Landlord. (f) Waiver of Claims: Subrogation Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvements thereto, or the Structure or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all -risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this Section will be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant's property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any other tenant, or other cause. Landlord will not be liable to Tenant, or its employees, for loss of or damage to any property in or at the Leased Premises or the Structure. • (g) Adiustment to Insurance Covera a Limits. The coverage i rah limits set firth herein shatl be increased at the time of any Renewal Term, so that the then value of the coverage taking into account inflation is at least equal to the value of the coverage existing on the date hereof. 12. Damage or Destruction If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant of its agents, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days, written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to a pro rata reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 13. Lease Termination. (a) Events of Termination Except as otherwise provided herein, this Lease may be terminated upon sixty (60) days written notice to the other party as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); unless such default may not reasonably be cured within a 60 -day period in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such 60-day period and proceeds with due diligence to fully cure the default, however, such period October, 1996 Page 7 City of Brooklyn Center Lease Agreement • shall not, in any event, extend beyond one hundred twenty days of receipt of written default. ty ( 120 ) y p notice of (ii) by Tenant for cause immediately upon notice to Landlord if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause immediately upon notice to Landlord if the Leased Premises is or becomes unacceptable for technological reasons, including, without limitation, unacceptable RF plan, shadowing, or interference, under the Tenant's Antenna Facilities, design or engineering specifications or the systems to which the Antenna Facilities belong; (iv) by Landlord, upon one (1) year's prior written notice to Tenant, if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with the continued use of the Leased Premises by Tenant and /or discontinue use of the Structure for all purposes; (v) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) by Landlord if after engineering studies it determines that a potential user with a • higher priority under Subparagraph 4(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process; provided that Landlord shall not at any time over the balance of the then existing Term and all unexpired Renewal Terms, lease the Leased Premises to another party with equal or lesser priority for the same use as that of Tenant, unless such other party would not cause or contribute to the interference giving rise to the interference with higher priority user. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt, except notice of Tenants intention to terminate this lease shall be effective upon Landlords receipt of such notice and the cash deposit, performance bond or irrevocable letter of credit as set forth in section 13 (d) hereof. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liability for Early Termination If Tenant terminates this Lease for any other reason other than as expressly provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration In the event that this Lease is terminated or not renewed, Tenant shall immediately cease operation and use of the Antennas for communication purposes and shall have 60 days from the termination or expiration date to remove its Antenna-Facilities, and related October, 1995 Page 8 iu•1 r ..+unr City of SrooWn Center Lease Agreeme »t • equipment from the Leased Premises, repair the site and restore the surface of the Structure to the condition existing upon the Effective Date, except for normal wear and tear and damage by the elements. Upon notice of termination, Tenant shall deposit with Landlord in the form of cash, performance bond, irrevocable letter of credit, or other acceptable security the sum of $10,000.00, which shall be refunded to Tenant upon the timely removal of the Antenna Facilities and related equipment. In the event that Tenant's Antenna Facilities and related equipment are not removed, Tenant has notified the Landlord that the following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements: If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage Bees and other e reasonable costs paid within thirty (30) days. The obligations of this paragraph (d) shall survive the expiration or other termination of this Lease. 14. Limitation of Landlord's Liability If Landlord terminates this Lease for any reason other than default by Tenant, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. • 15. Tem ora Interruptions of Service reasonably If Landlord r ry n determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be Gable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents and except if Landlord's determination is found by a court of competent jurisdiction to have been negligent. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without the payment of any damages. 16. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from • Ocrober, 1996 Page 9 Ciry of Brooklyn Center Lease .agreement • Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without the payment of any damages. (b) With Nigher Priority Users If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with pre- existing tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord or Tenant may at its option terminate this Lease immediately for cause and without the payment of any damages. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request est from any y other party to lease an area including or in close proximity to the Leased Premises Area, Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference • studies. (d) Interference - New Occupants Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the right to cause the elimination of any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 17. Assignment This Lease, or rights thereunder, may be sold, assigned, or transferred at any time by Tenant to Tenants parent, affiliates, subsidiaries or any entity which acquires substantially all the assets of Tenant, without notice or consent of Landlord. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For purposes of this paragraph, an "affiliate" or "subsidiary" means an entity which directly or indirectly controls, is controlled by, or in common control with Tenant. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for Tenant. OCtotrer, 1996 Page 10 Ciry of Brooklyn Center Lease dgresnenr • 18. Condemnation In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant for relocation benefits or assistance. 19. Disputes Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of dispute shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation and shall share equally the common costs of mediation. afion. If mediation does not result in settlement within forty -five (45) days after the matter was submitted to mediation, either party may pursue all available remedies in any court of competent jurisdiction. 20. Enforcement and Attorney's Fees. In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attomeys' fees incurred as a result of such claim. • 21. Notices All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: If to Tenant, to: Sprint Spectrum, L.P. 2900 Lone Oak Parkway #140 Eagan, MN 55121 Attention: Karl R. Brusen with a copy to: Sprint Spectrum, L.P. 4900 Main Street, Fifth Floor Kansas City, MO 64112 Attention: Business Law Group 22. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. October, 1996 Page /I CJty of Brooklyn Center Lease Agreement • 23. Binding Effect This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 24. Complete Lease: Amendments This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 25. Governing Law This Lease shall be construed in accordance with the laws of the State of Minnesota. 26. Severability If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 27. Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties with may be recorded by the party requesting the Memorandum of Lease. • • October, 1996 Page 12 �.� ..v ..:� iv•iJ .wnr iiv.. OJYJ17c� r'. C7Gv IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their • respective seals the day and year first above written. LANDLORD: City of Brooklyn Center By Myrna Kragness, Mayor BY Michael J. McCauley, City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 199 by Myrna Kragness, Mayor, and Michael J. McCauley, City Manager, of the City of Brooklyn Center, on behalf of the City. Notary Public My commission expires: TENANT: Sprint Spectrum L.P., a Delaware limited partnership By Karl R. Brusen, Director E & 0-Minneapolis. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 199_, by Karl R. Brusen the Director of Engineering and Operations- Minneapolis, on behalf of the partnership. Notary Public My commission expires: • TOTAL P.28 MOtC' TELEP`gnE RUMS ALONG MORTMEFL7 CUB Ln+E I COUNTY ROAD NO. I.TO f Catr•'ry wKy.N 1 /Ur AC M PfAr )7 Kit C= Ad 1 /.n» � � � Box SITE PLAN SHOWING - - AREA TO BE LEASED '�-- - - - - -- \� � 1 it 1 WATER Z ,o„rR i \ i I o I u.ay. p srf.�r tc� TcKR J b • STATC IAT. 4JN'46.Et SUfE PLAAKS WQS LONG 9TITSI.Gr ` I .� OoSlwf Cllp{MO (L(YAIION x,60 ri h t5' x 20' LEASE AREA I \` (SEE I C A2 FOR ELEVATION) T BENCHMARK ttir . N17] � P \ 1 ExisrnvC ermD.ARc -- -- ' I SITE PLAN TRUE NORTH 20' t0' 0 20'. ,. 40' I F CSSCFML y gpu AIO tlMl O+C�� 1 0 12 20/96 RELEASED FOR CONSTRUCTWN sch0 Iq DAtE REVISIONS ANO RECORD OF ISSUE BY APP ELEVATION SHOWING PANEL ANTENNAS BROOKLYN CENTER PCS ANTENNAS (pyp) SEE OwC Ot ANp 02 FOR =011NG OE % IT u nn nn ih�11 ut ft un un TT 11 • RACE ITN wE BTS mom 3' DEEP AGGREGATE � PPC OVER GEOTEXTILE ING E CRETE MCM, -SECTION OF TOWER ANO COMPOUND LOOKING SOUTH SEE DING USCIO6At r�ortrs^tAt pGilt lafY ,' '�.' 7 aruerL S° P t >. I MEnEBY tER�' ttnf tMS awEV.aEO ef+ K 011 At• � r � a �+SX1N .r4 twit OIR' S •t �a CNLMCQ UIOp I 0 12/70/" RELEASED i0W CONSTRUCTION SptO .....��:_ * tb OAt£ MASONS u+0 REC000 Ci 'S$uE i ey out App r ytE /L -L - fL KC LANDSCAPING PLAN CA r o • � w i i X f 1 / � WATER r ,� T OWER j 9 —SHg 1 1 r t � LEASE ` '� o �aCCE•ss Fas'�u r I � 13--AH j ` I l L... ~... ..�— ... ..._ ... �...,... t` SETBACK LINE (7MCAL) ]-........ -- . ... . ... :...�.....� x J �0iz0'd bZ6T028 ':)NI `HES 2,66T- ZT -H3= r � c D � n ri m c D' F c t N am Q . i PLANT LIST QTY. KEY COMMON /BOTANICAL NAME SIZE/ROOT SPA 9 eHS Black Hills Spruce/Picea 9lauca densata 6' B8 10' O.C. 19 AHC American Hlghbush Cron b'erry/Vfburn u m tn'lobum 36' Pot 5' 0. C. u Z SHRUB DETAIL Edge m pionlhg hods wM spedlind edger vherd od acent to Fawn 0104 AX planting beds shalt Woke 4' of spsefRed mnddf and creed bwTJw fabric scarify Was and bottom of hok Rwnow oonlalner, eat sot mote an O oanpocted NO mound matching gwvbs natural groundifne roll+ fbbhed site grode 1 Y; BeckfYV with spedRsd bockfll $a w LL Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION APPROVING LEASE AGREEMENT BETWEEN THE CITY AND SPRINT SPECTRUM FOR THE SITING OF PERSONAL WIRELESS COMMUNICATIONS FACILITIES AT WATER TOWER NO. 1 WHEREAS, SBA, Inc., acting as agent for Sprint Spectrum, L.P., a Delaware limited partnership, has submitted to the City a request to lease space on City water tower number one and a portion of the city-owned parcel of land on which the tower is located, along with the required $2,000 application fee; and WHEREAS, SBA, Inc., the City Attorney, and staff have negotiated a lease agreement which is consistent with the City's Policy Regarding Wireless Telecommunications Facilities; and WHEREAS, as compensation for the use of City facilities, Sprint Spectrum agrees to pay a lease payment of $14,500 for the first year, annually increased by the greater of 5 percent or the CPI, for twenty years, represented by one five year lease period with three five -year renewals; and WHEREAS, construction plans have been reviewed by the City Engineer, public utility staff, and the Building Official, and found to be satisfactory but for certain items specified by the following conditions: A) Plan shall include a bituminous driveway for access to the compound from France Avenue. Driveway shall be a minimum of 8 feet wide. B) Compound shall be fully enclosed in industrial grade chain link fencing. C) Equipment compound shall be screened from public view by appropriate landscaping. A landscaping plan shall be prepared and approved prior to the issuance of any building permits. D) A plan which details method of temporary coatings repairs for any damage to Structure coatings which occurs prior to suitable temperatures for applying final coatings shall be prepared and approved prior to issuance of any building permits. E) All easements shall be fully executed prior to issuance of any building permits. Resolution No. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The lease agreement between Sprint Spectrum L.P. and the City of Brooklyn Center for the siting of personal wireless communications facilities at water tower number one is hereby approved, subject to the above mentioned conditions. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease shall be deposited into the Water Utility Fund. Date Mayor ATTEST: City 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 Brooklyn Center Me A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: February 20, 1997 SUBJECT: Request for Pro -Rata Refund of Liquor License Attached is a request from the operator of the Rookies Bar for a pro -rata refund of his liquor license fee. In reviewing this matter with the City Attorney, I have been advised that the criteria established in the City Ordinance does not include termination of the lease by the lessor. Among the reasons for granting a pro -rate refund would include the death or disability of the license holder or physical destruction of the premises. Mr. LeFevere has indicated that it may be possible to consider additional reasons to allow for a pro -rata refund where the person has gone out of business. The issue before the Council is whether or not you would wish to visit this issue and have further • discussion regarding the criteria for a pro -rate refund of a liquor license. Attached also is a copy of the section of the City Ordinance regarding liquor license refunds. Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Section 11 -705. RENEWAL APPLICATIONS. Applications for renewal of an existing license • shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on -sale liquor" license, and in any event prior to the time that the application is considered by the city council, the applicant shall file with the chief of police a statement prepared by a certified public accountant that shows the total gross sales, the total food sales for consumption on the premises, and the total food sales of the restaurant for the twelve -month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current certificate of authority. Section 11 -706, EXECUTION OF APPLICATION. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. Section 11 -707. LICENSE FEES. 1. The annual license fee for "on -sale liquor" licenses shall be in an amount as set forth by city • council resolution. The fee for a "temporary on -sale liquor" license shall be in an amount set forth by city council resolution. ?. The initial license fee shall be paid in full before the application for a license is accepted. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. All "temporary on -sale liquor" licenses shall be good only for the dates, times, and location specifically named on the license itself. 3. The fee for an "on -sale liquor" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate or occupancy is issued. • 43 - • 5. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by Subdivision 9 of this section. For purposes of this subdivision, a change in the controlling interest of the licensee is deemed a transfer of the license. 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the council within 30 days from the happening of the event. The council may, in its judgment, refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: a. destruction or damage of the licensed premises by fire or other catastrophe. b. the licensee's illness. C. the licensee's death. d. a change in the legal status of the municipality making it unlawful for a licensed business to continue. • 7. At the time of each original application for a license, the applicant shall pay in full an investigation fee, in an amount set by city council resolution. All investigation fees are nonrefundable. S. At any time that an additional investigation is required because of a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee as set forth in subdivision 7 of this section. The investigation fee shall accompany the application. 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional license fee will be required. Section 11 -708. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the chief of police and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts'set forth in the application. The chief of police shall cause to be made such investigation of the information requested in this ordinance as shall be necessary and shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. • -44- February 4 r 1997 1 4 From; Tony Bakhtiari 8020 Ithaca North Maple Grove, Mn 55311 To: City of Brooklyn Center Liquor Licensing Department TO WHOM IT MAY CONCERN: I very recently renewed this license (effective renewal date 1 -1 -97) when after only a months use of this license I received a termination notice(see enclosed copy) ending my rights at the Days Inn. I have already shut down the business as of February 9, 1997. I am requesting a pro -rata refund and would greatly appreciate your help. I know that you don't have to do this but as a small business owner I am acquring a lot of unexpected bills including payroll, vendors, etc. I would greatly appreciate the council's understanding in this matter. Sincerely, Tony M. Bakhtiari • BROOKLYN CENTER MINNESOTA HOTEL LIMITED PARTNERSHIP 14180 Dallas Parkway • Suite 900 Dallas, Texas 75240 Phone (214) 980 -2700 Fax (214) 980 -2705 February brua 5, 1997 CERTIFIED MAIL /RETURN RECEIPT REQUESTED Mr. Tony Bakhtiari President Ithaca Restaurants, Inc. 5201 Central Avenue, NE Fridley, Minnesota 55421 Re: License Agreement dated May 10, 1994 Dear Mr. Bakhtiari: The owners of the Brooklyn Center Days Inn ("Hotel"), have recently made the decision to change the Hotel from a Days Inn to a Holiday Inn. This change will require a significant property renovation, which we anticipate to commence immediately. Further, this renovation will require that the Hotel be closed for an extended period of time. When it reopens at or around July 1, 1997, Holiday Inns, Inc. will require that we directly manage the food and beverage operation in the Hotel. Pursuant to Section 11.1 of the above - referenced License Agreement, we "have the right to terminate erminate the Agreement at any time without penalty or additional cost by giving Licensee a five (5) day prior written notice of such termination." In accordance with this provision, we are giving you notice of termination of the License Agreement, to be effective February 10, 1997. Your anticipated cooperation in this matter is greatly appreciated and if you should have any questions, please contact me at your convenience. Sincerely, Brooklyn Center Minnesota Hotel y so o Limited Partnership, By: Minnesota Hotel Il Corp., Its Managing General Partner ( ��a a David J. Kimichik Vice President • /gf:lthscs LICENSE CITY OF BROOKLYN CENTER STATE OF MINNESOTA, COUNTY OF HENNEPIN • WHEREAS, THE PAVILION RESTAURANT/ NO. 241 ROOKIES BAR & GRILL 1501 FREEWAY BOULEVARD ANNUAL FEE $ 11,000.00 BROOKLYN CENTER, MN 55430 TELEPHONE 563 -0054 has paid the sum of Eleven Thousand Dollars and 00 Cents to the City of Brooklyn Center as required by the Ordinances of said City and has complied with all the requirements of said Ordinances necessary for obtaining this License: NOW THEREFORE, FORE, By order of the City Council, City of Brooklyn Center, and by virtue hereof, THE PAVILION RESTAURANT/ ROOKIES BAR & GRILL is hereby licensed subject to all conditions of said Ordinances. License Type: ON -SALE INTOXICATING LIQUOR CLASS B Location: 1501 FREEWAY BOULEVARD License Period: 01/01/1997 through 12/31/1997 Issued: 12/16/1996 Given under my hand and the corporate seal of the City of Brooklyn Center NON— Mayor TRANSFERABLE Clerk DATE INVOICE AMOUNT 17 -21910 1501 FREEWAY It OOVE";f B ROOKLYN 1 CENTER 566 -41, MN 7 2 1 1 7 2 1 1 SPORTS BAR • GRILL 1 .L .+• I j >< X . Z i y �� �✓L N >^ �1 �. DOLLARS PAY < ' ` G 1 DATE E i io -Za -q ; =! �!! � Z e ORDE�7 T �• `��•11 MI v FIRST BANK •COLUMBIA HEIGHTS OFFICE r r AVE. N.E. CENTRAL BANK NATIONAL ASSOCIATION 5250 CE , FIRST BA HEIGHTS, COLUMBIA HEIG , MN 55421 n ? 2 1 111' 1 :09 10000 2 21: 1 16 540 1 244 3911 81 1 1200000' • M Tl H E C R HE R OF E B;' !-!' ' ROME -- HAU ne ."6 5 7 6 0 .+Oqj 0-16 An -A Ili ET E ekNK, 14A mpLs m 554,2 JAN -6 - 57 11 • N 00", iU Cri 11 • MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 444 CEDAR ST. /SUITE 100L -ST. PAUL, MN 55101 cn �( /� 'Yq -- U RETAILERS ID CARD Liquor 8198 Ithaca Restaurant Inc. Rookies Sports Bar & Grill 1501 Freeway Blvd NUMBER THIS CARD EXPIRES Brooklyn Ctr , MN 55430 18796 12/31/97 PS 9 127 (4/95) ! ! 11 i II I! 1! IIl ilItIIII111III lI ! lIIISII IIII IIIIIIIIII 1 • MEMORANDUM DATE: February 19, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Awarding A Contract for Professional Services, Improvement Project No. 1995 -03, Shingle Creek Regional Pond Project, Phase 1 In 1996, the consulting firm of SEH, Inc. completed a feasibility report and Environmental Impact Worksheet(EAW) to provide groundwork for the construction of the Shingle Creek Regional Pond. The proposed pond construction project has been discussed and contemplated by both the Cities of Minneapolis and Brooklyn Center for some time. Construction of this project merits considerable value, need and advantages for both cities. Due to the large cost of the project, and the limited amount of funding available, the project was essentially stalled in 1996. • However, it is feasible and recommended that portions of the project be completed in a progressive or phased manner as funding becomes available. In addition to the regional pond to be constructed in Minneapolis, the project would also include the routing (piping) of storm water from the Brookdale Mall property to the existing ponds within Centerbrook Golf Course. The feasibility report completed by SEH also included proposed design revisions and upgrades to these existing ponds to provide primary treatment to the storm water runoff from Brookdale and the surrounding commercial and residential areas. Runoff would then be directed from the Centerbrook ponds to the regional pond in Minneapolis for further treatment prior to discharging to Shingle Creek. The City of Minneapolis has completed preliminary design work for the regional pond. It is unknown for sure when sufficient funding will be available to complete all portions of the project. However, the cities have discussed collectively what each can do in the interim to keep the project on track with any funding sources that may be available. Because of the recent ownership settlement at Brookdale, it is anticipated that potential redevelopment activity on that site or adjacent sites may impress further urgency in completing the project improvements. This is due essentially to legislation that requires storm water treatment for new developments and/or significant redevelopments. Of particular urgency would be the completion of the pipingoacking) of stormwater underneath T. H. 100 to Centerbrook, and the upgrading of the ponds. The feasibility report prepared by SEH also shows that the treatment • system provided by the Centerbrook pond upgrades can provide an acceptable level of treatment in accordance with current standards of the Shingle Creek Watershed Commission. Upon • completion of the regional pond in Minneapolis and a conveyance system to that pond, the storm water would receive even further treatment that would meet or exceed recommended standards of the Metropolitan Council. Because completion of the "Brooklyn Center" portion of the project could be time consuming due to the need to secure permits and install the crossing of T.H. 100, and potential fast tracking" of a project at Brookdale on short notice, it seems appropriate and imperative that the City begin preparations for completing this phase of the project as soon as reasonably possible. Because SEH has completed all previous drainage and feasibility studies, preliminary design work, and environmental assessments, it is appropriate that SEH be further retained to provide design e gn services to complete this portion of the protect, named for simplification as Phase 1 . SEH has provided a proposal (attached) to provide services for preparing plans and specifications for completion of the Centerbrook pond upgrade and the piping between Brookdale and Centerbrook. The total estimated cost submitted by SEH is $40, 185. In comparison, the estimated construction cost for this work is approximately $ 700,000 . The estimated fees provided by SEH based as a percentage of the construction cost(6 per cent) appear to be in line. In addition, the fees cover an extensive amount of survey and geotechnical work that must be performed for the crossing of T.H. 100. Poor soil conditions are anticipated, thus requiring the additional geotechnical work. In addition the permit applications and accompanying meetings and correspondence with permitting agencies (Mn/Dot, MPCA, Corps of Engineers, etc.) will require additional amounts of the consultants time, and is reflected in their fee estimates. The fee estimate is broken down as follows: $4,185 Soil borings 3,500 Borings evaluation and report 4,300 Surveying 15,300 Plans 6,000 Specifications 2,900 Permits and Engineer's Estimate If SEH is authorized to proceed, it is anticipated that construction could begin as soon as fall of 1997. Costs of the professional fees would be provided from the Storm Drainage Utility Fund. Recommended City Council Action Approve the attached resolution authorizing SEH to provide design services for Phase 1 of the Shingle Creek Regional Pond Project. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES, IMPROVEMENT PROJECT NO. 1995 -03, SHINGLE CREEK REGIONAL POND PROJECT, PHASE 1 WHEREAS, the Shingle Creek Regional Pond Project (Improvement Project No. 1995 -03) has been contemplated by the Cities of Brooklyn Center and Minneapolis for the past several years; and WHEREAS, substantial portions of the proposed project are located within the City of Brooklyn Center (Phase 1), including upgrades to existing ponds in Centerbrook Golf Course, and stormwater piping between Brookdale Mall and Centerbrook; and WHEREAS, potential redevelopment activity in conjunction along with rules of the State of Minnesota and the Shingle Creek Watershed Commission would require stormwater treatment for said redevelopment; and • WHEREAS, it is in the City of Brooklyn Center's best interest to proceed with permitting, final design, plans and specifications for completion of Phase 1 improvements in an expedient and responsible manner; and WHEREAS, the City seeks the services of a qualified professional consultant to provide design services; and WHEREAS, SEH, Inc. is recommended as the appropriate firm to provide these services, and has submitted a proposal in the amount of $40,185. NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Y tY Y Brooklyn Center, Minnesota that: 1. SEH, Inc. is awarded a contract for design services including plans and specifications to provide for the completion of Phase 1 services (Centerbrook Pond upgrades and piping conduit between Brookdale Mall and Centerbrook). The City Manager is hereby authorized to enter into an agreement with SEH on the basis of its proposal. 2. All costs associated with said professional services shall be financed from the Storm Drainage Utility. Resolution No. • Date Mayor ATTEST: City 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. • • nnv�iwi:v l, '�JUU: 9535 VADNAIS CENTER DRIVE. 200 SEH CENTER ST PAUL, MN 55 J 10 61Z490-2000 800j25_206 5 5 • ARCHITECTiiRE ENG/NECR/NG ENVIRONMENTAL TRANSPORTATION February 19, 1997 RE: Brooklyn Center, Minnesota Shingle Creek Regional Pond - Brooklyn Center Ponds - Final Plans and Specifications SEH No. A- BROCT9605.00 Mr. Scott Brink, P.E. City Eng ineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Scott: We have estimated the cost of the engineering services necessary to complete both the jacking portion and the golf course hase p of the above - referenced project. The enclosed figures (Attachments B and C show the extent of the two h p aces of the ro'ect. If the fin P J al design of both projects are completed at the same time, the total estimated cost is $40,185, including $4,185 for soil borings. The detailed work plan for completion e' P 1 tton of b oth oth phases of the work is enclosed as Attachment A for your review. The City could save approximately $3,000 by designing both phases at the same time due to savings in duplication of meetings, technician and engineering ti g g me. Please let me know o if you need a more detailed cost estimate for doing onl the golf c g y nurse work g ha 2). (Phase We will begin plan production as soon as the exact location of the jacking under T.H. 100 is determined. The design location of the jacking will be determined based on the additional survey data collected on the T.H. 100 and input from Mn/DOT. Once the location is known, borings will be field located by our geotechnical engineer. A copy of the request for subsurface investigation sent to AET is enclosed for your review (Attachment D). The estimate for AET to complete the borings for both phases of the ro'ect is $4,185. P J We have been issued the permits from Mn/DOT for the surveying and soil boring work in the trunk zz highway right -of -way. Enclosed is a copy of these for your file (Attachments E and F). We will begin as soon as we have permission to proceed. 0 SHOAT ELLlOTT HENORlCKSON INC. M/NNE4pOL/S MN Sr CLOUD, MN CHIPPEWA FALLS W1 MADISON, W/ LAKE COU.NTY, IN EQUAL OFFORTUN/TYEMFLOYER UUJ Mr. Scott Brink, P.E. February 19, 1997 Page No. 2 • If you have any question or comments, please call me at 490 -2026. Sincerely, Short Elliott Hendrickson Inc. I Rocky J. Kee n, P.E. Senior Water Resources Engineer RJK/sah/SMM Enclosures R%PROIECC55DLA"SL ultOCM60y\,ETraR$IgRiNK.F1Y • h G u n . t a h • J L O F F C n F- U C Summary of Project Costs $36,000 Total cost h $3,500 Task 1 Boring Report by SEH $4,000 Task 2 Meetings $4,300 Task 3 Surveying $15,300 Task 4 Plans $6,000 Task 5 Specifications $2,900 Task 6 Permits and Engineers Estimate f 1 3 4 4 U C C r . 02/19/97 C • • • EXHIBIT A - Full Project r C h J G C h Basic Component. Task 1 Boring Report by SEH . _ F Deli verables: Soil Borings Task SpectaJty Pr°Ject I'roJ Technician Survey Word Reproduction c MINE Engineer Manager Engineer emw Procezor Operator Members A. Determine Soil Boring locations - B. Write a SC Ope of work for the borings-ind send to cit 3 C. Review scope of with the cit 1 R D. Order Soil t3orin s 4 E. Prepare Soil Sarin Re ort and Geotechnical Recommendations 20 1 6 T otal hours 37 29 p 6 0 0 0 . 2 Project labor cost this phase $3,366 Equipment charges Mileage $16 Computers $118 pha iota! prgjec�t coJ� � �.l g .� �L�r�s�t2t�t ians: i 4 pi G C, r`. r n H :U 02/19/97 Page 1 of 6 u. EXHIBIT A • Full Project (continued) t c r C c t F sic Component: Task 2 Meetings lx� ables: Specialty Project Project Technician Survey Word Reproduction Task Engineer Manager Engineer Crew Processor Operator Members A. Project Meeting with CRY to discuss l location 4 q B. Meeting with MnDOT to discuss lacking permfts 2 4 C. Meeting with Gott Course to discuss landscaping 4 4 r D. Pro ct Mft4ing with C' to discuss final des! elements q gn E. Project Meetin for anal Plan review 8 6 q Total hours 18 221 0 Project labor cost this phase $3,950 Equipment charges Mileage $50 Computers $0 Reports $0 Iota! nrofecr ast th pha $8,000 , 7 C C i r 02/19197 Page 2 of 6 Cr EXHIBIT A - Full Project (continued) Basic Component. Task 3 Surveying r Task Sprxialtr Prulect Project Task Survey Word Reproduction Engineer Manager Engineer Crew Processor Operator Members A. Com fete rellmin survey of roadway ed es B. Complete Finai survey over final ackln locations 1 4 8 C. Surveys of Areas missed durin relimina Survey 1 4 f3 r Total hours 0 2 0 4 2D p p Project labor cost this phase $3,150 Equipment charges Mileage $55 Equipment $585 Computer $360 Safety Signs for Survey $150 LctalplQj cost t phase �.M Uni-que 0–MlV -enb-0 assum tons i a c c r a 02119/97 - Page 3 of 6 G O � r • ! EXHIBIT A . Full Project (continued) i F a a Basic Component: Task 4 Plans Refiverabies- Task Specialty Project iolxt Technician Survey 'PVord Reproduction Engineer Manager Engineer Crew Pt cwessor Operator c Members A. Convert Surveys B. Develo Existing T2pqgra 4 C. Comp lete Preliminary Plan Set 8 16 8 8 111 D. Send Plans to the C' for Review 2 E. Final Plans 2 4 16 F. Contact Utilities 1 Total hours 18 14 8 140 0 0 0 Project labor cost this phase $13,310 Equipment charges Mileage $50 Computer $1,940 T .e Is P hase 1 `.= , UD-q com or assumption ' b C C i r x 02/19/97 Page 4 of 6- c C • • • EXHIBIT A - Full Project (continued) i Basic Component: Task 5 Specifications Relive es: Specifications < Specialty Project Project Technician Survey Word Reproduction Task Engineer Manager Engineer crew Processor Operator Members A. Complete Prellminar 13 32 c B. Send Specification to the Pit for Review 8 8 C. Final Specifications 1 2 Total hours 41 8 0 0 10 Project labor cost this phase $5,785 14 0 Equipment charges Computers $67 Reproduction $148 Tatal o cost th a -Se S6.000 UU Lq ue como4 nts or a5s4mplipn 4 b C C r r 02119!97 Pape 5 of 6, G G w F c EXHIBIT A - Full Project (continued) r C F a J L C Basic Component: Task 6 Permits and Engineers Estimate ,r. Deliverables: r Speciaity Project Project Technician Survey Word Reproductioa Task Engineer Manager Engineer Crew Procemor Operator iVlernt►crs A. MnDOT rmft 1 6 S. Engineers Estimate 2 2 16 C. Watershed and Wetland Permits 1 8 Total hours 3 9 B 16 0 0 0 Project labor cost this phase $2,705 Equipment charges Computers $35 Reproduction for Plans $160 Tot owkCt f this phacia i J -U[ QU9s —o t or ffssu fUR1LQfs • i b `l C C r r .7 02/19/97 Page 6 of 6' C C Attachment B 1V SCALE: t " =400' L REF. FIG. 2 BROOKDA BEAST TREATMENT POND BROOKDALE MA LL co I / PROPOSECt FIRST ,1 ;`\ FLUSI -rDI VERSION STf UCTURES Por dry to be,co ' pleied a' pant o the Jacking P oject be 14 2" RCP t %>E ENLARGE EXISTING H AV SkOul\ POND G w COURSE U / wH TER COURSE I v� T► :)wER PONDS- _ NO. 3 ':4TH AV 2 -24" PIPES `' -I J f W -42" RCP `- w i ALTERNATIVE 1: LEGEND TAKE AREAS LSC4 BiN,_LSC4 -B1S, LSC4 -B2 & LSC4 -B3 TO NORTH -GOLF COURSE POND — " -- AREA BOUNDARY PROJECT COST $849,000. AV rwid q g FIGURE N0. 5 FILE N0. 2 � BROOKDALE TREATMENT —A BROCT9605 i LTERNATIVE 1 BROOKLYN CENTER, MINNESOTA DATE 6/24/96 To be done by Minneapolis CONCRETE SPLITTER STRUCTURE o 100 BERM WITH TREES PROPOSED �� ` w ^ �`• \ TEE BOX ,�;'• I J t. 8 RCS / i .� \ : \ (� EQUAL i Z 1 NO J, f 1 f [` '. L5C4 -1=1S { LS �� ;C `� �` Part of Jacking Pro g' 4' RCS _ �%' • � 1 t 0 SHrNCLE. FROM BROOKOALE PECK REG I OWA( j IL'L AREA 1 _` lE L? it •, �� BERM PROPOSED - - -- --- - - = % �� __ _ ---- --- - -- — 3 1 8'x4' RCB _ 1 Crum i RETAININ ll r twa NEW CONIFEROUS TREE � 1 TYPE 5 WETLANDS 0 NEW DECIDUOUS TREE RIPRAP RESTORED 3:1 SIDE SLOPES \ ; NO SHELF AND OPEN WATER FILL AREA EXISTING WETLAND TYPE 3 WETLANDS GRASS RESTORED 5:1 SIDE SLOPES l I EXISTING WETLAND AREA WITH 10:1 SHELF i c. �o.q =1-2 BROOKLYN CENTER. MINNESOTA GOLF COURSE PONDS ; AttaChment C Portion to be completed as part of the golf course ponds