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HomeMy WebLinkAbout1994 11-14 CCP Regular Session df a CITY COUNCIL AGENDA. CITY OF BROOKLYN CENTER NOVEMBER 14, 1994 , f ... 7 p.m. z 1. Call to Order 2. Roll Call 3. Opening Ceremonies ; 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda .f - -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: a. October 17, 1994 Work Session * b. October 24, 1994 - Regular Session C. November 8, 1994 - Special Session 8. Ordinance: (7 :15 p.m.) ' a. An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter -This item was first read on September 12, 1994, and tabled by the Council to October 24, 1994; approved for first reading on October 24, 1994; published in the City's official newspaper on November 2, 1994; and is offered this evening for a public hearing and second reading. • r - .1 y 9. Planning Commission Items: a. Planning Commission Application No. 94009 submitted by Evangelical Lutheran Church of the Master. Request for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and the three apartment buildings located to the east at 1100 69th Avenue North, 1107 Emerson Lane and 6907 Dupont Avenue North. This application was recommended for approval by the Planning Commission at its October 27, 1994, meeting. 1. Resolution Regarding Disposition of Planning Commission Application No. 94009 Submitted by the Evangelical Lutheran Church of the Master N Y ` 8 CITY COUNCIL AGENDA -2- November 14, 1994 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land b. Planning Commission Application No. 94013 submitted by Irene A. Klammer. Request for preliminary and final plat approval for Klammer Addition to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North. This application was recommended for approval by the Planning Commission at its October 27, 1994, meeting. I I 1. Preliminary Plat Approval d 2. Final Plat Approval 3 t 10. Discussion Items: a. Report on ram Ado t- A- Park/Trail /Street Program g 1. Resolution Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs, - 4 11. Resolutions: * a. Refunding of an Initial Bond Offering; Refunding Revenue Bonds Pursuant to Minnesota Statutes, Sections 469.152 to 469.1651, on Behalf of Brookdale Two Limited Partnership • b. Urging the Legislature Correct the Imbalance of Property Tax Base and Public Investment in the Metropolitan Area • C. Authorizing the Purchase of Six (6) Handi Talkies for the Fire Department °� t * d. Amending 1995 Recyling Rates * e. Accepting Bid and Awarding Contracts for Improvement Project No. 1993 -18, Contract 1994 -Q, Residential Structure Removal (Park & Ride /Storm Pond Site) * f. Amending Special Assessment Levy Roll Nos. 13131 and 13132 to Provide for the Award of Assessment Stabilization Grants * g. Authorizing Development of a Cooperative Agreement with Minneapolis Regarding the Proposed Shingle Creek Regional Pond * h. Establishing Project and Authorizing Development of an RFP for Professional Services for Improvement Project No. 1995 -04, Replacement of Lift Station No. 1 and Force Main CITY COUNCIL AGENDA -3- November 14, 1994 * i. Accepting Work Performed and Approving Final Payment for Improvement Project No. 1994 -20, Watermain Repair at I -94 and Dupont Avenue North (Contract 1994 -K) s * j. Accepting Work Performed and Approving Final Payment for Improvement Project No. 1994 -27, Contract 1994 -N, Annual Sanitary Sewer T.V. Inspections k. Amending Improvement Project No. 1993 -19, Central Garage Improvements, to Remediate Oil Tank Soil Contamination, * 1. Approving Change Order No. 1 for Improvement Project No. 1994 -01 ' & 02 - - g P J , Contract 1994 -E, James /Knox /54th Avenues Improvement * 12. Licenses 13. Adjournment Council Meeting Date November 14, 19% 3 City of Brooklyn Center Agenda Item Number 7a- Request For Council Consideration Item Description: City Council Minutes - October 17, 1994 - Work Session City Council Minutes - October 24, 1994 - Regular Session City Council Minutes - November 8, 1994 - Special Session Department Approval: </),-u J 'e — eyc Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation: .r• „� " No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached ) MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL 0 OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENN AND THE STATE OF MINNESOTA COUNCIL BUDGET WORK SESSION OCT013ER 17, 1994 CITY H..A.LL CALL TO ORDER The Brooklyn Center City Council met in budget work session and was called to order by Mayor 'Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulsen, Councilmcmbers Kristen Mann, Dave Roscne, and Celia Scott. Also present were City Manager Gerald Splinter, Finance Director Charles Hansen; Financial Commissioner Ned Storla; and Recording Secretary Arlene Bergfalk. Councilmember Barb Kalligher was excused from tonight's meeting, REVIEW OF MISSION STATEMENT The City Manager directed the Council's attention to the July 21, 1993, draft of the City's Mission Statement and supporting documents attached to his memorandum dated October 13, 1994. He rcvieNved the evolvement of the Statement and the Council's participation in its development. The Councilmembers considered the use of the words "assure" and "effective" in the statement, Councilmember Mann stated that to "assure" a "high" quality of life implies financial support. The use of "strive for" to replace "assure" was considered and rejected. Councilmember Scott suggested using "cost effective" to clarify the Council's intent. Councilmember Rosene pointed out that the word "quality" in the phrase "quality of life" required clarification, such as "high" quality. Councilmember Scott stated that "quality of life" is generally understood to mean a h� quality of life. She pointed out, however, that the quality of life is influenced by factors beyond the City's control such as private family/home circumstances. Mayor Paulson stated the City's efforts to accomplish its mission are dictated by the parameters of its jurisdiction. There was a motion by Councilmember Scott and seconded by Councilmember Mann to adopt the Mission Statement of the City of Brooklyn Center as follows: "The mission of the City of Brooklyn Center is to assure the beat possible quality of life for our diverse community by providing the municipal services of public safety, finance and administration, community development, and public works in a cost effective manner." The motion passed unanimously. 10/17/94 1 REVIEW OF PROPOSED 1995 BUDGET Financial Commissioner Ned Storla reported the Commission is pleased with the attendance and participation of the City Manager and staff at the Financial Commission's meetings. The Commission strongly supports and recommends designation of an eT officio Councilmcmber liaison to attend and participate in the Commission's meetings to cnstirc conscientious communication between the two bodies. Councilmember Rosene suggested appointment of a substitute Councilmember liaison to attend the Commission's meetings if conflicts arise for the primary liaison. The City Manager directed the Council's attention to his memorandum dated October 7, 1994, "Supplemental Report for the 1995 City Manager's Proposed Budget," which proposes five adjustments to the budget to achieve the Council's recommended $100,000 reduction. The Councilmemhers considered the recommendations. The City Manager and Finance Director respondcd to questions and provided clarification. The Councilmembers conducted and completed a line by line review of proposed 1995 General Fund departmental appropriations and expenditures for, Council, Commissions, City Manager's Office, Elections and Voters' Registration, Assessing, Finance, Independent Audit, Legal Counsel, Government Buildings, and Data Processing, as contained in the September 28, 1994 document: "City of Brooklyn Center, Minnesota Proposed Annual Budget 1995." The City Manager and Finance Director responded to questions and provided clarification. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council Budget Work Session adjourned at 9 p.m. Deputy City Clcrk Todd Paulson, Mayor Recorded and transcribed by: Arlene H. Bergfalk TimcSavcr Off Site Secretarial 10/17/94 2 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN C;EN'I'ER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER Z4, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro Tern Barb Kalligher at 7 ;03 p.m, ROLL CALL Mayor Todd Paulson, arrived at 7:04 p.m., Councilmembers Celia Scott, Dave Rosene, Barb Kalli ,her, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Community Development Specialist Tom Bublitz, Acting Police Chief Scott Kline, Assistant City Attorney Gary Winter, and Council Secretary Ruth McLaurin, OPENING CEREMONIES Bob Quenroe offercd the invocation, OP TNT F RUM Mayor Paulson noted the Council had received requests to use the open forum session this evening. Mary Ziskovsky, David Miller, and Gisele Grunwald all wished to speak regarding the C.O.P. program. '~Mary Ziskovsk-y, 6337 Bryant Avenue North, indicated her concern regarding the Community Oriented Policing program. She indicated this was to be a partnership betwtun tilt community and the police department, and the police department, has been in recent months absent from this program. Ms. Ziskovsky indicated a re- evaluation of this program is needed immediately to resolve problems, and reports show that crime is not reduced by police force only but by ari interactive partnership of community and the police department. Ms. Ziskovsk noted a report from the Northeast Cable company indicated the percentage of school ag. children who come from poverty level homes in Brooklyn Center has gone from 17 percent to 47 percent in three years. 0 10/' =4/94 - 1 - Nis. Ziskovsky continued to indicate community policing is the most appropriate use of resources to improve the quality of life in 13rooklyn Center. David Miller spoke regarding the Substation located at 6801 Humboldt Avenue North where the Community Oriented Policing program is based. He indicated this is a place where youth and older residents can come together with officers to help improve the quality of life in the community. Mr. Miller indicated since June 1994, there has been little or no presence by the police department. This absence of officers has lead to negative reactions of the residents, especially the youth. Mr. Miller noted an incident where a young man had been approached by a gang to join them. He had questions so he went to the Substation and spoke with a police officer and did not join the gang, He asserted with no officers now present, where would the next young man turn. Mr. Miller indicated without positive police interaction, the Substation can not evolve into a stable resource for the community. Gisele Grunwald, a volunteer for the Community Oriented Policing program, spoke regardhi,g the program. She reiterated the importance of continuity even though the police departmcnt is going through a change. :pis. Grunwald indicated during the June 13, 1994, meeting of the City Council, the Substation was assured of continued involvement of the police deparmaent. She reviewed statements made during the June 13, 19914, City Council meeting and indicated the promises made had riot yet been kept, Ms. Grunwald indicated two specific officers w +.re previously involved in the Community Orienting Policing program. Shc continued that currently there is no specific officers. She questioned who is assigned tc) the program duties, who is monitoring these assignments now and who is the administrator of the program. his. Grunwald indicated the volunteers and citizens will continue to dedicate themselves to this program which was designed to get the police officers out from behind the wheel and visible to the community. She indicated the Community Oriented Policing program reiterates crime prevention rathcr than reacting to crimes. Nis. Grunwald stated the community needs to continue to provide free of charge programs, facili.lcs, and a safe place to counter the protection and activities that gangs offer to youth. She indicated if police and community cannot provide this, it will become a time of reaction rather - than preverinon of crime. Ms. Grunwald proposed two questions: 1) What is the status of the Community Oriented Policing grogram and police inv olvement. 2) `'Vhat can the citizens do to ensure the issue w .d s �s re��e c Acting Police Chief Kline indicated the entire p olice department is to be involved and each sergeant is responsible for his assignments during his shift If duties are not being takc1i care of, it will have to be reviewed. He indicated he was not aware the assignments of the Community Oriented Policing program were not being fulfilled. Councilmember Rosene questioned if the City had the manpower to provide coverage of the program, Acting Police Chief Kline believed there should be adequate manpower to cover all duties. Councilmember Rosene inquired if the department was at all short. Acting Police Chief Kline indicated currently five positions are open and will be filled by Novctuber or December 1994, Mayor Paulson inquired if there is anyone to monitor the objectives that were set this past summer. Acting Police Chief Kline indicated a monthly report will reveal objectives and if they have been met, although the report only started three weeks ago and has not yet been reviewed. Councilmember Scott suggested the monthly report be made available to the City Council and to the Substation, She also indicated the Acting Police Chief could hiform the community as to how long after hire it takes for an officer to be on the street. Acting Police Chief Kline indicated anywhere from 90 days to 180 days from date of hire for training before an officer is able to work alone, Mayor Paulson indicated concern at questions by citizens raised to him inquiring where the officers were at thY recent "Clean Up Day ". He continued he was concerned this prograin 'Y�rould be just a program on paper dnd not function the way is was intended. The City Manager indicated Staff would review reporting. Mayor Paulson indicated the �' j the and ro 7ded tc , ' meetin need to be answered d p inns raised at this specific. ue� t . g P Q people who spoke. Ms. Ziskovsky indicated through research they found Brooklyn Center is the only city in the north Metro area that is not currently active in this type of program. Mayor Paulson thanked the citizens who spoke and responded the Council is striving to continue the program with police interaction. Mayor Paulson indicated Louie Larson wished to speak during open forum. 10/24/94 - 3 - Louie Larson asserted last summer his constitutional rights were violated by the previous Police Chief and the current City Manager. He said to prevent this from happening again, careful reNiew of any applicant for future Chief of Police is needed. The City Manager responded, regarding this incident which was an accident, that he spoke with the insurance adjusters, Acting Police Chief Kline, and the previous Police Chief to come to his decision, Mayor Paulson inquired if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson said the City Council had dressed more casually this evening to promote the City's Heritage Festival which will be held on November 12, 1994. The Council was wearing t- shirts reflecting Heritage Festival emblems. Mayor Paulson also indicated the number of groups which helped with the Park Clean Up and thanked everyone who helped and participated in this event. Councilmember Rosene indicated he had a few items for the Council. He noted the meeting of the Human Rights and Resources Commission suggested one night each year to recognize students and youth who have achieved status in their organization, such as an Eagle Scout, but not limited to the Scout programs. He indicated this is a point of information for the Council, Councilmember Rosene noted Target Stores are joining with the University of Minnesota in setting up a program for minority students with a 2.5 grade point average as a junior or a senior With a 2.7 grade point average. In the program, the student is committed to getting a college education and would provide college education in return for a commitment to work for Target Stores upon graduation. He indicated there are two positions for this program still available and recommended students who meet the criteria contact John Henry. Councilmember Rosene indicated citizen concern for a raise in homeowner's insurance due to the crime rate in Brooklyn Center. He suggested perhaps the Council could write a generic letter indicating the crime rate is generally related to retail crime rather that residential crime and if the rates are based inappropriately, this would prevent it from happening again, APPROVAL OF AGENDA AND CONSE NT AGENDA Mayor Paulson inquired if any C;ounci7member requested any items be removed from the consent agenda. No requests were made. 10124,'94 - 4 - There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the October '24, 1994, agenda and consent agenda as printed. The motion passed vnanimously. A�FPROVAL OF MINUTES OCTOBER 11. 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Scutt to approve the minutes of October 11, 1994, regular session as printed. The motion passed unanimously. A1 OF ELECTION JUDGES There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the appointment of the additional election judges for the November 8, 1994, General Election as presented, The motion parsed unanimously. PROCLAMATION .Member Barb Kalligher introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING NOVEMBER 11 THROUGH 18, 1994, AS MINNESOTA CHE1�iIC.aL HEALTH ti'�EEK. The motion for the adoption of the foregoing proclamation was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -226 Ntemhe, Rarh Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13131 AND 13132 TO PROVIDE FOR THE AW ARD OF ASSE.SSNLEI ' STABILIZATION GRAFTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -227 Member Barb Kalligher intrc,xlt,c: ,d the fallowing resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC N AND ORDERING THE REMOVAL OF DISEAHD TREES (ORDEP N0. DST IOP4/94) 10,r - 5 - The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO, 94 -228 Member Barg Kalligher introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY OF BROOKLYN CE'N'TER ON THE MODIFICATION OF HOUSING DEVELOPMEN AND REDEVELOPMENT PROJECT NO.1 AND THE CREATION OF TAX INCREMENT FINANCING DISTRICT NO, The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, RESOLUTION NO, 94 -229 Member Barb Kalligher introduced the folloMng resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO 1993 -18 (-MTC PARK AND RIDE) The motion for the adoption of the foregoing resolution was duly seconded by mernber Celia Scott, and tho motion passed unanimously, FINAL PLAT APPROVAL Then: was a motion by Councilmember and second by Couneilmember Scott to approve AMCORP ADDITION Final Plat. The motion passed unanimously. PERFORMANCE GUARANTEE REDUCTI The wtjs a motion by C:t ?uncilmetnber Kalligher and seconded by Councilmurriber Scott to approve performance guarantee reduction at Lutheran Church of the Master, 1200 69th Av enue North The moron passed unanimously. LICENSES There was a motion by Councilmember Kallighcr and seconded by Councilmember Scott to approve the following list of licenses: CHRISTMAS TREE SALES LOT P.Q.T. Company 5801 X erxes Ave N. P.Q.T. Company 5040 Brooklyn Blvd MECHANICAL SYSTEMS Knott Mi�.liallical ScrvicG Cornpary 5941 142nd Ave. NW Maple Grove Heating and A 401 County Road 81 10/ '44/94 - 6 - RENTAL DWELLINGS Rental Town's Edge Properties Brookhaven Apart ments Mrs. Delbert Bruce 4741 Twin Lake Ave. N Eugene Hess 3218 63rd Avc, N. SIGN HANGER Electric Sign and Lighting 11328 Zane Ave. N. The motion passed unanimously. AIN NOUN CENIENT OF SPECIAL CITY COUNCIL MEETING TO CANVASS THE NOVEMBER 8, 1994 MI 'NICIPAL GENERAL ELEC;IIQN RIETLJ The City Manager announced the Special City Council Meeting to Canvass the November 8, 1994, Municipal General Election Returns. PUBLIC _HEARING REGARDIN PROPOSED_ PCIAL ASSESSMENTS, 71YiP ,R QVEM ENT PROJECT NO 1994 -19, SHINGLE CREEK PARKWAY MILL AND OVERLAY The City - Marager indicated this is an assessmc;nt hearing and introduced the Director of Public Services to present a Staff report. d only one ° � Services brief; ors. She indicate rvt�..wed the staff re o y The Dir,,ct�.r of Public Se:vte� p * Y cs a�� n . ., a °; � olita until of Transit Scrvii �1 Ca t; wnt�Lrl objection h ��ti,i r.c�.ved flc.m she e p staring that State Statutes maky- them immune from any assessments. The Director of Public Services indicated in the past there has been assessments on this property and recommended the City Council should consider adoption of the resolutivci which , ouid certify the proposed s pecial assessments for collection on the Hennepin County tax rolls, ?Mayor Paulson inquired as to the delay in construction. The Director of Public Services indicated the contractor had problems with the sub contractor who was to po the cement and also the actual w ork tool longer due to unforeseen additional storm sewer work. Niayor Paulson opened the meeting for the purpose of a public hearing on Special Assessments Im prov ement P roject No. 1994 -19, Shingle Creek Parkway Mill and Overlay at 7:4 p.m. He inquired if there was an yone present who wished to address the Council. There was a motion by Courciimember Scott and seconded by Council mernber Rosene to close the public hearing at 7:48 p,m. The motion passed unanimously. Tile C ..-,,� Ma na g er r ...ed , ll. tify Q S p e ci al s ° s ets - o the H e nnep i n is M�na�er pr�s� u a R.solu. Cer�.�. in e.,c As s " n :._ a CoLn:� , T�.N Roils, RESOLUTION NO. 94 -230 Member Kristen Nfwut introduccd the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. PUBLIC HEARrNQ RELATIVE TO THE TREATMENT OF UNITY PLACE (FQRtiiERLY "TH Z PONDS") AS A LEASEHOLD CUOYERATIVE The City Managcr indicated this public hearing is relative to the treatment of Unity Place. He introduced the Community Development Specialist. The Community Development Specialist briefly reviewed the staff report and indicated a public hearin is required by statute to provide for a discussion of issues relative to the treatment of Unity Place as a leasehold cooperative. As a leasehold cooperative, the protect would qualify for homestead tiN classification if the City Council makes certain findings after holding a public hearing. The Community Development Specialist indicated the leasehold cooperative approach to r:ntal housing provides that the cooperative association and board are comprised of residents of the project and that the members of the cooperative can materially participate in the management of the property, including establishing budgets, screening prospective tenants, hiring and sure:- jising a management agent, and other day -to -day management - related functions. The cooperative's participation in the management of the project is regulated by a lease between the owner and the cooperative. There is recourse for the o`vner, and if the cooperative defaults on the lease, the cooperative association is dissolved. The leasehold cooperative rrodtil also provides for the continuation of professional property management at Unity Place. The Community Development Specialist reviewed the activities the association board has been doing. The Community Development Specialist indicated the findings the City Council must make in order to qualify the projcct for homestead classification are as follows: 1. The granting of homestead treatment of the Unity Place units will facilitate safe, clean, affordable housing for the cooperative members that would othenvise not be available absent the homestead designation. 2. The awne: has presented information satisfactory to the Council showing that the g savings arn� red frors the homestead designation of the units will be used .. 10;L4,'94 - 8 - to reduce tenants' rents or provide a level of furnishing or maintenance not passible absent the designaft)n. The cooperative has a lease for occupancy of Uaity Place for a term of at least 20 years, which permits the cooperative, while not in default, to participate in establishing budgets, setting rent levels, and hiring and supervising a management agent. 4. A minimum of 40 percent of the cooperative members have incomes at or less than 60 percent of area median gross income, as determined by the United States Secretary of Housing and Urban Development under Section 142(d)(2)(B) of the Internal Rev enue Code of 1986, as amended through December 31, 1991, For purposes of this finding, member income means the income of a member e:dsting at the time the member becomes a member of the cooperative, 5. The owner of Unity Place has received public financing from the City of Brooklyn Ccntcr, which issued multi - family housing revenue bonds on or about December 1, 1993, which bonds are exempt from tales under Section 103 of the Internal Revenue Cade of 1986, as amended through December '11, 199 the proceeds of which •ere used for the acquisition of Unity Place. The owner of Unity Place is receiving revenges pursuant to Section S of the United Mates Housing Act of 1937. Stuff recommends approval of the Resolution Making Certain Findings Relative to the Treatment of Unity Place (Formerly "The Ponds ") as a Leasehold C;.00peratne. Council member Mann inquired regarding finding number two; is the rent reduction monitored. The Commu i evelo ,m° i . 5 ;i monitor n tv n . F „ t . pe al�st indicated this would � e morttorL by an au- function. Ann Waterhouse-, owner, indicated they would be willing to provide any information needed on a y ea rly basis or whc r.tver requested to do so. The Assistant City Attorney indicated the homestead credit is based on income restrictions and if this is not met, the homestead credit cannot be given. He indicated this is an on- wing ob li>ation and a copy of the financial report could be provided to assure building is within restriction. Councilnember Scott indicated a financial report and progress report of the property would be appreciated by the C!w Council, Cou::cilmember Rosen. commended the owner or this project and indicated this to be an 0 esc ;r. z project for the community, 10 /-14 /94 - 9- Mayor Paulson opened the meeting for the purpose of a public hearing Relative to the Treatment of Unity Place (Formerly "The Ponds ") as a Leasehold Cooperative at 8:08 p.m. He inquired if there was anyone present who wished to address the Council. Tina Eckman, secretary for the association board, indicated support for the resolution regarding Unity Place. She indicated this cooperative would restore a sense of pride and establish residents in the community. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:10 p.m. The motion passed unanimously, There was a motion by Councilmember Scott and seconded by Councilmember Rosene to add finding nurnber six as: 6. The owner of Unity Place shall Frovide a yearly financial report to the City Council for rwiew. The motion passed unanimously. The City l Tanager presented a Resolution h;aking Certain Findings Relative to the Treatnicrit of Unity Place (Formerly "The Ponds ") as a Leasehold Cooperative, 46 RESOLUTION NO. 94-2,' N1cn ;bcr Celia Scott introduced the following resolution and moved its adoption; RESOLUTION MAKING CERTAIN FINDI.NoiGS RELATIVE TO THE TREATMENT OF UNITY PLACE (FORMERLY "THE PONDS ") AS A LEASEHOLD COOPERATIVE, The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Mayor Paulson requested Ms. Waterhouse indicate to them the Council's support and the additional finding. ORDINANCES The City Manager presented An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. This item was first read on September 12, 1994, and the City Councii requested further review by the Chatter Commission and it is recommended for a first reading this evening, Eileen Oslund, Charter Commission Chair, indicated the noted changes to the Charter. 11,11'. /,—t - id - Councilmember Rosene was encouraged by the changes and indicated support. He requested one change be made to the last sentence of Section 2.05. The word "less" should be "fewer," There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve for first reading An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. The motion passed unanimously. AGENDA REVISION Ma, Paulson requested agenda item 13(b) regarding the Rcport of the Northeast Transportation Corridor Task Force be addressed at this time, REPORT OF THE NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE The City Nl nager in;nduced Frank Slawso {flair of the Northeast Transportation C -orridor Task Force. Mr. Slawson briefly reviewed the findings of the task force. He indicated the following findings: i. The roadway from 69th Avenue to 73rd Avenue serves as a collector. T.H. 252 serves as a principal arterial and is currently functioning at capacity. Humboldt Avenue is located such that peak hour traffic diverts to the roadway especially when T,H, :52 is conga sted. 3. Short term efforts to reduce congestion on T.H. 252 include construction of acceleration lanes for access, coordination of traffic signals and construction of left turn deceleration lanes, as per Brooklyn Center Resolution 94 - 1�4 and Brook Park Resolution 1994 - 2 +0, requesting Mn/DOT to consider same, 4. Based on current traffic volumes and projected volumes on Humboldt Avenue, and appropriate ro adway design would be two through lanes, two parking lanes. Tl:e preservation of neighborhoods in both Brooklyn Center and Brooklyn Park from 69th Avenuc to 81st Avemae established in the 1963's, is a Seal which best serves the local neighborhood and community. 6. On street parking, to some extent, preserves neighborhood function and the Minimum street desigm which meets State Aid standards with parking on one side is 30' feet. 10"'24194 7. The traffic control technique which has a probability of significant reduction of traffic Humboldt Avenuc is elimination of Humboldt Avenue access to T.H. 232. S. The Task Force has considered "Neighborhood Traffic control" (NOTE, January 1994) and finds that additional traffic control techniques are not reasonable considering the function of the roadway. 9. The Stop signs posted an Humboldt at 70th and 72nd Avenues have reduced speed, increased access, and improved safe and courteous driving habits. T"ne Chair continued with the following recommendations: 1. Collector roadways tivithin the community serve the individual resident, the local neighborhood and greater neighborhood. Road reconstruction should be designed to best meet the needs of those persons served. ?. The Brooklyn Center Council should encourage Mn/DOT to improve T.H. 252 to include traffic signal coordination in the corridor from 66th Avenue to 93rd Avenue. 3. Stop signs at 70th Avenue and 72nd Avenue should remain. 4. Design should incorporate preservation of neighborhood aesthetic features as much as possfole. 5. The City should request the support of Brooklyn park and MaOOT to restrict right turns to south Humboldt Avenue from T.H. 252 and to westbound 73rd Avenue from T.H. ? from 6 -9 a.m., This has the greatest capacity to reduce traffic on Humboldt Avenue, while allowing residents to have access to our communities, It is also recognized that said restriction will increase traf is on alternate streets, i.e,, Brookdale Drive, 73rd Avenue, 70th Avenue, and 66th Avenue, The City of Brooklyn Center should assist Brooklyn Park monetarily to achieve said closure. 6. Reconstruction of Humboldt Avenue should occur at minimum standards permitted by MSA as a two lane road with parking on one side, favor Paulson received the report and findings of the task force and opened the floor for discussion. Michael Schwartz, 7100 Humboldt Avenue, indicated there were no Humboldt residents ;;om Brooklyn Park represented on the t,aS'r: fore HY noted that NIn,/DOT built T.H. 252 10 - 12- with signals at the City's request. If it had been built as a freeway, there wouldn't be congestion problems. Larry Cuskey, 7024 Humboldt Avenue, indicated regarding restriction of right turns during 6 - 9 a.m., IvtnIDOT would not approve this restriction. He indicated widening the; street would only increase the traffic flow and nat reduce the flow. Sharon Cuskey, 7024 Humboldt Avenue, asserted this does not preserve the neighborhood. Roy Jenson, 7209 Humboldt Avenue, supported restriction of entrance to Humboldt Avenue from T.H. 252 with steel gates. Dave Olsen, property owner abutting Humboldt Avenue, indicated frustration with no solution to the issue of the traffic. He indicated perhaps Humboldt Avenue should be removed from the Minnesota State Aid roadways system. Deb Hensel disagreed with finding #9, and referred to the Stop sign on 72nd and Humboldt Avenues, She indicated her driveway is now part of the intersection and the traffic L; dangerous for her family. She indicated she cannot assume the traffic will stop, and even if traffic does stop, it won't always let her out of her own driveway. She indicated several incidents of close calls of collision, and finally contacted the police department to find out her rigl - s— She said the police department indicated she must yield to this traffic. She asserted she now has no rights should a car hit her as she leaves her own driveway. Nfayor Paulson reiterated the report is being received for further review and the Council will not take action tonight, Nfayor Paulson at this time called for a recess pit 9 p.m. The meeting was reconvened at 9:18 p,m, AI_:DIT COLi?WiITT RECc��i'�LENI?ATi �N R RO IONAL AUDITING SEEVICE The Ciry Manage:' introduced Charles Hansen, Finance Director, The Finance Director presented and reviewed the staff report. He indicated the recommendations of the Audit Committee. The Finance Director indicated Staff was directed to prepare a Request for Proposals for auditing services in the simmer of 1994 which was sent out to twelve audit firms <uid seven firms responded. He indicated the Audit Committee was formed and consisted of three Financial Commission members and three City staff members. Three firms were selected for interviews from the seven responses. Based on the written proposals, reference checks, and the interviews, the Audit Committee concluded that all three firms were competent to conduct the audit, and recommended them in the followin order: 10124,194 - 13 - I D-Iloitte & Touche LLP Tautgcs, Redpath & Co,, Ltd Malley, Montague, Karnowbki, Radosevicsh & Co., PA. The Finance Director indicated the Audit Committee holds the opinion that the quality of service should be the primary consideration and that fees, while important, are a secondary consideration in this type of decision. The Audit Committee also indicated another consideration one needs to take into account when reviewing a change in firms is the fact that an appointment of Deloitte & Touche would use Staff time more efficiently since they currently work with and understand the City. The Finance Director indicated the Audit Committee reached unanimous agreement to three retainc�d as the City's Auditor for ano recommend that Dc loitte & .Touche be ry years. He indicated if Deloitte & Touche was chosen, it should be for a term of six years, not three. Councilmember Scott indicated confidence in Deloitte & Touche and was impressed with the presentation they have previously given the City Council. Mavor Paulson indicated concern at the varying amount of hours, and inquired if there is standard accounting procedures, why would it take Deloitte 105 additional hours to provide the same service. The City Manager indicated Deloitte & Touche spends time with Staff and review Staff practices and various other time consuming procedures that perhaps the other companies did not include since they have not worked with this City. The Finance Director also indicated the other companies could have underestimated the time it would take since they have not audited this City before. Donn Escher, member of the Audit Committee, indicated the managers of Deloitte & Touche change to help keep the firm independent of the City and not too familiar. He also indicated Deloitte & Touche have high standards and have, in the past, provided help to the City when facing issues of bonding. Mr. Escher commended Staff for their participation on the Audit Committee. He also indicated each member of the committee concluded independently the same results and chose Deloitte & Touche unanimously. There was a motion by Councilmember Mann and seconded by Councilmember Scott to a pp rove the 'nt Delo & Touche as auditors for the City of Brooklyn Center for reappo the coming year. 10124; 94 - - ed on Mayor Paulson indicated concern for appointment of the highest bid merely bas presentation. Mr. Escher indicated Deloitte & Touche is internationally known for expertise in bond rating. He encouraged the Mayor to take confidence in the Audit Committee and accept their recommendation, Councilmember Rosene indicated his understanding that the Mayor would like to save the City money. He suggested perhaps in the short term it may seem the cost is greater, although the long term would reflect a savings, If Deloitte & Touche can aid in band rating, therefore this would be the logical choice, Councilmember Kalligher called the question. Vote: 4 ayes - 1 nay with Mayor Paulson in opposition. Motion carried. 0 RDI A NCES - CONTINUED The City Manager presented An Ordinance Amending Ordinance No. 92 -15 Regarding Council Salaries, This item was first read on October 11, 1994, published in the City's official newspaper on Octol.)cr 12, 1994, and is offered this evening for a second reading and public hearing. Niavor Paulson opened the meeting for trie purpose of a public hearing on An Ordinance Amending QrdinanCe No. 92 - Regarding Council Salaries at 9:45 p.m. He inquired if there was anyone present who wis hcd to address the Council. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to close the public hearing at 9:46 p.m, The motion passed unanimously. ORDINANCE NO. 94 -12 Member Dave Roscnc introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 92 -15 REGARDING COUNCIL SALARIES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS MISSION STATEMENT Tne Cf y Manuger at its October 17, 1994, York Session, the City Council reti icwed and discussed a proposed Nt_iscion Statement for the City of Broa?vn Conte: which is presented this evening for formal approval as follows: IOr4i94 "The mission of the City of Brooklyn Center is to assure the best possible quality of life for vur diverse community by providing; the municipal services of public safety, fmance and administration, community development, and public works in a cost effective manner." There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the City of Brookhm Center Mission Statement, The motion passed unanimously. APPROVAL OF POLICE CHIEF SELECTION PROCESS The City Manager indicated after review of the two processes, he recommended the City move forward with opening recruitment for Chief of Police to internal current City of Brooklyn Center employees only. This decision is based on his experience with and working directly with our internal staff who may apply for the position. Councilmember Rosene indicated choosing to recruit internally will send a good message to the City Staff and will encourage long time employment, Councilmember Scott concurred and indicated morale is increasing in the police department. To seleut an outsider, in her opinion, would only harm morale. There was a motion by Councilmember Mann xnd seconded by Councilmember Kalligher LO oUCn recruitment for Chief of Police to internal current City of Brooklyn Center employees only. The motion passed unanimously, ADJOURNMENT There was a motion by CounciImcniber Kallight.r and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously, The Brooklyn Center City Council adjourned at 955 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Ruth McLaurin TimcSiiYur Off Site Secretarial 16- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 8, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor Todd Paulson at 10:50 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Dave Rosene and Kristen Mann. Also present was Deputy City Clerk Sharon Knutson. Councilmembers Celia Scott and Barb Kalligher were excused from this evening's meeting. CANVASS OF ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City election returns from the various City precincts, reporting ballots cast in the City of Brooklyn Center contests as follows: Office of Mavor Ballot Count Myrna Kragness 5,039 Bob Peppe 4 Write -ins 37 Office of Council Member Ballot Count Debra Hilstrom 5,193 Kathleen Carmody 4,201 Phillip Roche 4,116 Bob Hock 2,681 Write -ins 42 RESOLUTION NO. 94 -232 Upon completing the election canvass, member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF NOVEMBER 8, 1994, GENERAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 11/8/94 -1- ADJOURNMENT There was a motion by Councilmember Kristen Mann and seconded by Councilmember Dave Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting adjourned at 10:53 p.m. Deputy City Clerk Todd Paulson, Mayor 11/8/94 -2- Council Meeting Date 11/14/94 3 City of Brooklyn Center Agenda Item Number a-, Request For Council Consideration Item Description: An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter Department Approval: I &A4�� Gerald G. Splinter, City Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends opening the public hearing and continuing the public hearing to the November 28, 1994, City Council meeting. Summary Explanation: (supporting documentation attached Yes ) This ordinance amendment was first read on September 12, 1994, and the City Council tabled it requesting further review by the Charter Commission and City Attorney. On October 24, 1994, the City Council approved first reading of the ordinance amendment with the recommended changes made by the City Attorney and Charter Commission. A Notice of Public Hearing was published in the City's official newspaper, and the public hearing is scheduled for 7:15 p.m. this evening, Monday, November 14, 1994. The City Attorney has further reviewed this ordinance amendment and recommends clarifying some of the language. However, he also recommends the Charter Commission review and formally approve his recommendations. The Charter Commission meets on Wednesday, November 16, 1994, to discuss the recommendations. Since the Charter Commission hasn't met to discuss the recommendations, staff recommends the City Council open the public hearing and continue the public hearing to the November 28, 1994, City Council meeting to enable the Charter Commission to meet and formally approve further clarification and recommendations by the City Attorney. i HOLMES & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center, Minneapolis, Minnesota 55402 1612) 337 -9300 ROBERT C. LONG T A. ALSOP LAURA K. MOLLET # BATTY BARBARA L. PORTWOOD J. BUBUL JAME Facsimile (612) 337 -9310 S M. STRObIMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WILKINS CORRINE A. HEINE WRITER'S DIRECT DIAL GARY P. WINTER JAMES S. HOLMES (612) 337.9215 DAVID L. GRAVEN ( 1929.1991) DAVID J. KENNEDY JOAN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON JOHN M. LEFEVRE, JR. T. JAY SALMEN ROBERT J. LINDALL October 28, 1994 Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Proposed Charter Amendment Dear Jerry: I understand that at its meeting of October 24, 1994, the city council approved first reading of a proposed charter amendment. After reviewing the proposed amendment, I still have a few minor amendments which I believe might be helpful. They are as follows: 1. In amended section 2.05, the sixth line from the bottom, I would recommend that the words "of the occurrence of the vacancy" be added after the words "act within thirty (30) days ". 2. in niP section 05(n) at the end of the fifth line, I would recommend that the words "of the occurrence of the vacancy" be added after the words "within thirty (30) days ". 3. In the second line of new section 2.05(b), paragraph 5, I would recommend that the words "from the occurrence of the vacancy" be added after the words "forty - five (45) days ". 4. Finally, I find the format of ne section 2.05(b) somewhat confusing. The paragraphs numbered 1 -6 under section 2.05(b) list a number of procedures which are to be followed in filling a council vacancy. However, these paragraphs follow the introductory language in the first paragraph of section 2.05(b) which provides that the notice of the vacancy "... shall include the following information: ". Therefore, it seems that the information included in paragraphs 1 -6 was intended Jerry Splinter October 28, 1994 Page 2 only to state the text of the notice of vacancy, rather than to specify that the procedures outlined in paragraphs 1 -6 are to be followed by the city council in filing the vacancy. Therefore, I would recommend that the word "information" in the last line of the first paragraph of section 2.05(b) be deleted and the following language added "description of the application and appointment process, which shall be followed by the city council: ". I assume that these changes would clarify the intent of the charter commission rather than change the substance of the proposed charter amendment. However, the city council can only adopt by ordinance a charter amendment which has been proposed by the charter commission. Therefore, at some time prior to final adoption of the ordinance, if the city council feels that the changes noted above are appropriate, these changes should also be approved by the charter commission. I do not believe, however, that the changes are so substantial that the first reading should be repeated or that the published text of the proposed amendment would have to be republished. If you have any further questions, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:ckr A-? �- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1994, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 2 of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 2.05. VACANCIES IN THE COUNCIL. When, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must publicly declare such vacancy and specify the date of occurrence of the vacancy within ten (10) days of its occurrence. Notice of the vacancy shall be posted at City Hall and sent to the official city newspaper on the next business day. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council, or (5) departure of residence from the City. If the unexpired term of the Council vacancy is less than one vear from the date of the occurrence of the vacancv, the Council by a maiority vote of all its remaining members may either appoint a qualified person to fill the vacancy or call for a special election. If the unexpired term of the Council vacancv is one vear or longer, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (34) days. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day. A quorum of the Council consists of three 3l members: if at anv time the membership of the Council is reduced to lwl than three (3 ) members the remaininz members may by unanimous action ap oint additional members to raise the membership to three (3). � [ Section 2.05x. PROCEDURES TO FILL COUNCIL VACANCIES. If the unexpired term of the council vacancy is !ess* than one year, the Council by a majority vote of all its remaining members shall appoint a qualified person to rill the vacancy. If the Council fails to till a vacancy within thirty (30) days, the City Clerk shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and ORDINANCE NO. not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If the unexpired term of the council vacancy is one year or longer, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. The quorum of the Council consists of three (3) members; if at any time the membership of the Council is reduced to less than three (3), the remaining members may by unanimous action appoint additional members to raise the membership to three (3).] Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the council vacancy is one vear or longger, or if the unexpired term of the Council vacancv is less than one vear and the Council chooses not to fill the vacancv through the appointment process a special election shall be called by the Council or by the Citv Clerk if the Council fails to act within thirtv (30) days The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancv and to be otherwise governed by the provisions of Section 4.03. Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held Section 2.05b. PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT. If the unexpired term of the council vacancv is less than one vear, the Council bv_a maiority vote of all its remaining members may appoint a qualified person to fill the vacancv Notice of the vacancv with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day and shall include the following information: 1. Uniform applications in a form approved by the City Council must be received by the City Clerk no later than twentv -one (21) days from the date of the declared vacancv. Aoolication forms submitted by the applicants are public documents. Auolications shall request at a minimum all information required by Minnesota Statutes of candidates filing for the office. Additional information forms may be adopted by the Citv Council and shall be required of each apolicant uniformly. The applicant may submit a resume in addition to the uniform application forms 2. Tentative interview scheduling shall be comole*.ed and posted at Citv Hall no later than twenty -five (25) days from the declared vacancv. Applicants shall be responsible for recuesting schedule changes ORDINANCE NO. 3. Interview process shall not start earlier than twenty- eig�28) days from the declared vacancv. a. Applicants shall be interviewed by the Council, in accordance with the State of Minnesota oven meeting laws. b. A uniform list of initial questions to be asked of all applicants shall be made available to the oublic and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4 . Selection Process. Upon completion of the interview process, the Council may call for a vote to ap point an applicant. Each Council member may cast onlv one vote for a oreferred aoolicant on each called -for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of anv candidate. Written ballots listing the applicant (s) shall be used. Each Council member's vote shall be recorded. A simple maiority of the Council votes shalt a000int that applicant to the Citv Council. 5. If the Council pursues the appointment process but then fails to fill a vacancv within fortv -five 45) days. the Citv Clerk shall call a special election to fill the vacancv. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancv and to be otherwise governed by the provisions of Section 4.03. Special Elections. If more than two candidates file for the unexpired term. a orimary election shall be held. b. The Citv shall comply with the :Minnesota Data Practices Act in all respects in the collection management. and dissemination of data on applicants for City Council bacancies. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day or , 199.4. Todd Paulson, iMavor ORDINANCE NO. ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to ':e deleted, underline indicates new matter.) • Comcil Meeting Date 11 -14-94 City of Brooklyn Center Agenda Item Number Qi Request For Council Consideration Item Description: Planning Commission Application No. 94009 submitted by Evangelical Lutheran Church of the Master Department Approval: ... -... -� Vim.. Ronald A. Warren, Planning and Zoning Specialist Managers Review/Recommendation: ! No comments to supplement this report Comments below /attached Summa Explanation: Summary p (supplemental sheets attached • PP _� Planning Commission Application No. 94009 submitted by Evangelical Lutheran Church of the Master is a request for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and the three apartment buildings located to the east at 1100 69th Avenue North, 1107 Emerson Lane and 6907 Dupont Avenue North. This application was recommended for review by the Northeast Neighborhood Advisory Group at the Planning Commission meeting held on September 15, 1994. The Northeast Neighborhood Advisory Group recommended approval at its October 13, 1994 meeting. Attached are minutes and information sheets from these meetings, a map of the area and site plan. Recommended City Council Action: The Planning Commission considered and recommended approval of Planning Commission Application No. 94009 through Planning Commission Resolution No. 94 -1 at its October 27, 1994 meetin g Y . Attached for City Council action are: 1. Resolution Regarding the Disposition of Planning Commission Application No. 94009 submitted by the Evangelical Lutheran Church of the Master. 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land.. i qa Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 94009 SUBMITTED BY THE EVANGELICAL LUTHERAN CHURCH OF THE MASTER WHEREAS, Planning Commission Application No. 94009 submitted by the Evangelical Lutheran Church of the Master proposes rezoning from R1 (Single Family Residence) and R4 (Multiple Family Residence) to PUD /R1 of the properties addressed as 1200 69th Avenue North, 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North all located at the northwest quadrant of Dupont and 69th Avenues North; and WHEREAS, this proposal comprehends the combining of these parcels and the eventual utilization of three apartment buildings by the Lutheran Church of the Master for church purposes over a phased, or staged, period of time; and WHEREAS, the Planning Commission held a duly called public hearing on September 15, 1994, when a staff report and public testimony regarding the rezoning and plan where received; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on October 13, 1994, at the City Hall and unanimously recommended approval of this Planned Unit Development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 27, 1994, received a staff report and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 94009 by adopting Planning Commission Resolution No. 94 -1 on October 27, 1994; and WHEREAS, the City Council considered Application No. 94009 at it November 14, 1994 meeting; and WHEREAS, the City Council has considered this rezoning and plan request in light of all testimony - deceived, the guidelines for evaluation rezonings contained in Section 35- 208 of the City's Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the City's Comprehensive Plan. City Council Resolution No. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 94009 submitted by the Evangelical Lutheran Church of the Master be approved in light of the following considerations: 1. The rezoning and plan are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The rezoning and development plan will allow for the utilization of buildings by the church in a manner which can be considered compatible with surrounding land uses. 3. The utilization of the property in question, with the submission of future plans, will conform with city ordinance standards. The phased, or staged, incorporation of the buildings for church purposes is considered a reasonable use of property. 4. The rezoning and plan are considered compatible with recommendations in the City's Comprehensive Plan for the northeast neighborhood area. 5. The eventual incorporation of the buildings and their utilization by the church appears to be a good long range use of the existing buildings and can be considered to be in the best interests of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 94009 be subject to the following conditions and considerations: 1. The immediate use of the building at 1107 Emerson Lane North for Sunday School and Confirmation classes may proceed subject to the approval of the building official regarding the occupancy and use of the building. 2. The continued use of the buildings addressed as 1100 69th Avenue North and 6907 Dupont Avenue North as rental dwellings is allowed until the second phase of the project begins, subject to the licensing provisions in the City's Building Maintenance and Occupancy Ordinance. 3. A multiple family residential use of the three apartment buildings may be re- established if, for some reason, the church's proposal does not go forward and the phased utilization of these buildings is not undertaken. City Council Resolution No. 4. The Lutheran Church of the Master shall submit the necessary ite plan �y P including landscaping, grading, drainage, utility and floor plans along with a preliminary plat and watershed plan in a timely manner prior to proceeding with the phase II and phase III utilization of the property. 5. The church shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney prior to phase I utilization of the buildings. Said agreement shall outline the phasing of this plan including when platting, watershed review, and the physical plans shall be accomplished. Date Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: and the following oted against h same: g g st t e e. whereupon said resolution was declared duly passed and,adopted. Planning Commission Information Sheet Application No. 94009 Applicant: Evangelical Lutheran Church of the Master Location: Northwest quadrant of Dupont/69th Avenues North Request: Rezoning for Planned Unit Development - PUD /R1 The applicant is requesting rezoning and plan approval, through the Planned Unit Development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD /Rl designation to include the church property, addressed as 1200 69th Avenue North, and the three apartment buildings east of the church currently addressed as 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North. The church property is currently zoned R1 (Single Family Residence) while the apartment properties are zoned R4 (Multiple Family Residence) and are located at the northwest quadrant of Dupont and 69th Avenues North. The properties are bounded on the north and east by 70th Avenue, Emerson Avenue, Emerson Lane and Dupont Avenue with single family homes and one of the City's water towers on the opposite sides of the streets; on the south by 69th Avenue with single family homes and the City's public utility building on the opposite side of 69th Avenue; and on the west by the Northbrook Terrace apartment complex. The proposed PUD /R1 zoning designation would allow the incorporation and use of the three apartment buildings by the church over time in a manner consistent with the City's Zoning Ordinance. Church uses are special uses in the Rl zone, but are not an acknowledged use, either permitted or special, in the R4 zoning district. The church has acquired the three seven unit apartment buildings under a contract for deed from Norman Chazin and is planning a three phased incorporation of the buildings into the church's use. Their purchase contract prohibits them from making structural changes to the buildings until the contract is paid in full. It is our understanding that the contract provisions do not prohibit all modifications to the buildings, but the modifications must not be such that they would make it impossible to re- establish a multiple residential use of the buildings. The first phase, for which the church wishes to receive immediate approval, would involve the use of the apartment building located closest to the church as learning facility for children and youth of the church. This building is addressed as 1107 Emerson Lane and would be modified for Sunday School use and Confirmation classes. This building would generally be used between 9:30 a.m. and 11:00 a.m. on Sunday's for teaching approximately 175 - 200 second through twelveth graders. The church would also use this building for their Confirmation classes on Wednesday evenings for children in grades seven through nine. The other two apartment buildings, addressed as 1100 69th Avenue North and 6907 Dupont Avenue North, would continue to be used and rented out as apartment buildings during this first phase. 10 -27 -94 1 Planning Commission Information Sheet The building official has reviewed the church's proposed use of the apartment building for educational purposes in light of the few modifications being proposed during this first phase. He believes the building can be put to this use and safely used with some modifications and accommodations being made for persons with disabilities. Eventually, this building will have to be made accessible and be in compliance with other building code requirements. The building official has also suggested that smoke detectors be provided in the hallways prior to its use as a learning facility. Other modifications can be phased in. The second and third phases would incorporate the use of the other two buildings by remodeling those buildings to permit large group meetings such as adult and children chorus, drama groups, youth gatherings and senior citizens day teaching /fellowship area. Small group meetings and their space needs, as well as a small prayer chapel would also be contained in the second phase remodeled building. The third phase would incorporate the last building as the church's global mission center. They propose to retain two complete apartment units for use by missionary families who are on home leave for short periods of time. This building would also house a short term evangelical mission home office staff and would provide for more office space related to mission work. This application was originally considered by the Planning Commission at its September 15, 1994 meeting at which time the applicant's request, their written proposal relating to the City's rezoning evaluation policy and review guidelines, and their preliminary plans for this phased or staged incorporation of the apartment buildings into a church use were considered. The Planning Commission opened the public hearing and took comments from persons in attendance at that meeting. After reviewing the matter further, the Commission took action to continue the public hearing, tabled further consideration of this matter and referred it to the Northeast Neighborhood Advisory Group for review and comment. The Northeast Neighborhood Advisory Group met to consider this matter at the Brooklyn Center City Hall on October 13, 1994. Attached for the Planning Commission's review is a copy of the Northeast Neighborhood Advisory Group minutes from that meeting. After review, discussion and input from persons in attendance, the advisory group unanimously recommended approval of the proposal to the Planning Commission. Also attached for the Commission's review is a copy of the information sheet for Planning Commission Application No. 94009 which was presented on September 15, 1994 and an excerpt from the September 15, 1994 Planning Commission minutes relating to this application. The applicant has provided us with a site plan showing the current existing conditions at the Lutheran Church of the Master as well as the adjoining three apartment complexes. They are in the process of providing a survey of the property which will eventually be used for purposes of platting the property. The church plans at this time do not include all of the physical plans for the remodeling and reuse of the buildings. The church is currently reviewing what they propose 10 -27 -94 2 Planning Commission, Information Sheet to do in terms of physical alterations to the site once they have full control over the property. They are committed to providing a future site plan, landscaping, grading, drainage and utility plans that would incorporate these buildings into a church campus as part of this planned unit development process. It should be noted that eventually, the three parcels on which the apartments currently sit will have to be replatted into a common lot with the church proper through platting or registered land survey. Also the church will have to develop a watershed plan with possible ponding to control rate and quality of water run off which will be required to be reviewed and approved by the Shingle Creek Watershed Management Commission. It should be noted that the Planning Commission has continued the public hearing regarding this planned unit development proposal and we have sent notices of the continued hearing to persons within 350 feet of the property. The Commission should seek further public input and comment prior to making its recommendation regarding this planned unit development proposal. This proposal appears to have merit and we would recommend favorable consideration of the the church of the first apartment buildin g The approval should allow only the use b p proposal. PP Y Y and acknowledge continued utilization of the other two apartment buildings as rental dwellings. The use of the first buildin g for Sunday School and Confirmation class purposes should be subject to the building official's review and authorization. No utilization of the other two buildings for church purposes will be allowed until all formal site plans, landscape plans, draining, grading and utility plans have been presented to the City for formal approval. Finally any recommended approval would be subject to the execution of a development agreement between the City and the church outlining the phasing of this proposal including when platting, watershed approval, along with the physical plans would have to be accomplished. Attached for the Commission's review is a draft resolution regarding the disposition of Planning Commission Application No. 94009 which would recommend approval of the PUD rezoning and a list of conditions relating to this approval. 10 -27 -94 3 Planning Commission Information Sheet Application No. 94009 Applicant: Evangelical Lutheran Church of the Master Location: Northwest quadrant of Dupont and 69th Avenues North Request: Rezoning for Planned Unit Development - PUD /R -1 The applicant is requesting rezoning and plan approval, through the Planned Unit Development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD /R -1 designation to include the church property, addressed 1200 69th Avenue North, and the three apartment buildings east of the church currently addressed as 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North. The properties in question are currently zoned R -1 (single family residence) and R -4 (multiple family residence) and are located at the northwest quadrant of Dupont and 69th Avenues North. They are bounded on the north and east by 70th Avenue, Emerson Avenue, Emerson Lane and Dupont Avenue with single family homes and one of the city's water towers on the opposite sides of these streets; on the south by 69th Avenue with single family homes and the city's public utility building on the opposite side of 69th Avenue; and on the west by the Northbrook Terrace apartment complex. The PUD /R -1 zoning designation would allow the incorporation and use of these apartment buildings by the church over time in a manner consistent with the city's zoning ordinance. Church uses are special uses in the R -1 zone, but are not an acknowledged use, either permitted or special in the R -4 zoning district. The church has acquired the three seven unit apartment buildings under a contract for deed from Norman Chazin. Their purchase contract prohibits the church from making structural changes to the buildings until the contact is paid in full. It is our understanding that the contract provisions do not prohibit all modifications, but they must not be such that they would make it impossible to re- establish a multiple residential use of the buildings. Pastor Robert Cottingham of the Evangelical Lutheran Church of the Master has given us two written submittals (copies attached) along with their Planned Unit Development rezoning application. One is an August 15, 1994 letter explaining the staged or phased plan for the use of the buildings by the Lutheran Church of the Master and the other is an August 31, 1994 memo addressing the city's rezoning evaluation policy. The first phase (1994- 1995), which the church would like to undertake as quickly as possible, would involve the use of the apartment building closest to the church as a teaching facility for the children and youth of the church. This is the building located at 1107 Emerson Lane. The letter points out how they would use the building for Sunday School between 9:30 a.m. and 11:00 a.m. on Sundays for teaching approximately 175 to 200 second through twelveth graders. They propose using the living rooms and bedrooms in the units as classrooms for classes of 9 -15 -94 Planning Commission Information Sheet approximately ten students. They would also use this building for their Confirmation classes for grades seven through nine on Wednesday evenings. They propose no major structural changes, but would convert one restroom on each floor at this time to accommodate handicap persons. They are also looking at a way to make each floor accessible either via ramp or a lift. The proposed new use is a change of occupancy, which would require bringing this building into compliance with various handicap and accessibility requirements. The Building Official is reviewing this currently and it may be, given the staged proposal for a full incorporation of all the buildings into eventual compliance, that he might be able to allow such use, given some reasonable temporary accommodations. Again, we are pursuing this, but it appears that a PUD development calling for such accommodation on a scheduled or phased basis may make this possible. In the meantime, the church would propose to provide volunteer assistance for any and all teachers and any students with physical handicaps that would require assistance. It should be noted that this building is no longer being used for residential purposes with former tenants either moving away or being relocated to one of the other two apartment buildings. The second phase (1996), would involve the use of the building addressed as 6907 Dupont (southwest corner of Emerson Lane and Dupont Avenue North). A part of this building would be remodeled to permit large group meetings for approximately 100 people, such as adult and children chorus, drama groups, youth gatherings and a senior citizens day teaching /fellowship area. Also, plans for the second building include remodeling for small group meetings and their space needs as well as a small prayer chapel. The third phase (1997- 1998), would incorporate the last building, addressed 1100 69th Avenue North as the church's global missions center. This would involve retaining two complete apartment units strictly for use of missionary families who are on home leave for a short period of time. The Lutheran Church of the Master supports seven missionary families currently. This building would also house a short term evangelical mission home office staff. And finally, the building would provide for more office space for teaching and counseling of persons interested in doing mission work. The plans at this time do not include the physical plans to remodel and reuse the buildings. We have informed representatives of the church that a site plan, landscaping, grading, drainage, and utility plans incorporating the buildings into a church campus would have to be developed and approved once the PUD /R -1 rezoning has been accepted. The church is proceeding with such plans and discussion as to how these physical plans would be accomplished. It should be noted that eventually, the three parcels on which the apartments currently sit would have to be replatted into a common lot through platting or registered land survey. Also, a water shed plan for possible ponding to control rate and quality of water run off would have to be approved by the Shingle Creek Water Shed Management Commission. By adding these buildings to the church site, it exceeds the five acre threshold for Water Shed Commission review and approval. 9 -15 -94 Planning Commission Information Sheet As part of the approval of a PUD, a development agreement between the church and the city would have to be put together outlining the phasing of this proposal including when platting, water shed approval, along with the physical plans would have to be accomplished. The PUD /R -1 designation would also acknowledge the continued use of the apartment building and its re- establishment should, for some reason, the church not proceed to incorporate all these buildings for their use. Again, the church wishes first phase approval as soon as possible so they can begin the Sunday school and Confirmation class uses of the first building. REZONING A Planned Unit Development proposal involves a rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district then provides the regulations governing uses and structures within the PUD. In this specific case, the applicant is seeking R- 1(single family residence) as the underlying zoning designation because churches and church uses, are special uses in the R -1 zoning district, while g P� the are not acknowledged uses either permitted or special, in the R -4 zoning istrict. The Y g � P P g rules and regulations governing the R -1 zoning district would, therefore, apply to the governing regulations development proposal. Under the Planned Unit Development procedure, rnin g g City uses and structures may be modified by conditions imposed by the C y Council to the extent necessary to comply with the development plan submittal. One of the purposes of the PUD district is to give the city flexibility in land development and redevelopment. This PUD designation would allow the City Council to approve the continued use of the apartment buildings under the R -4 designation while the church phases in the use of the buildings for its purposes. This process would also protect the Chazins' rights to re- establish the multiple residence use if the contract for deed is not satisfied and the ownership would revert back to them. Attached for the Commission's review is a copy of Section 35 -355 of the zoning ordinance which addresses Planned Unit Developments. As mentioned, the PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35 -210 of the zoning ordinance as well as the rezoning evaluation policy and review guidelines are attached for the commissions review. Pastor Cottingham has submitted an August 31, 1994 memo in which he outlines how he believes the proposed church use of the three apartment buildings meets the rezoning evaluation policy and review guidelines contained in Section 35 -208. A review of those guidelines, the applicant's arguments and the staff response follows: a. Is there a clear and public need or benefit? Applicant - Pastor Cottingham notes that in studying the number of low cost apartments, talking 9 -15 -94 Planning Commission Information Sheet with the apartment owners group and close to 100 of their neighbors, that it seems clear that the entire city, its residents and business groups will benefit through the eventual closing of all three apartment buildings and the reprogramming of their use. He notes that the public need seems to call for fewer apartments at this point and the general consensus is that the area has been over built with apartments in the 1960's and 1970's. Staff - We do not argue with these observations, and in fact, the city has acquired apartment complexes and demolished them, thinning out the number of units. It should be noted, however, that there still is a need in the area for multiple residential units. One of the problems faced by apartment owners in our immediate area is that these units do not offer all of the amenities that many other apartments that have more recently been constructed and have a difficult time competing. We do not find the thinning out of these units to be a negative and the church's use of the buildings for their purpose could be considered a public need or benefit. b. Is the proposed zoning consistent and compatible with surrounding land use classifications`: Applican t - Pastor Cottingham states that the church's proposal is indeed consistent with surrounding land use classifications. He notes that there is a good mix of several zoning classifications including R -4 and R -1 in the area. He believes rezoning the three apartments will not cause any public or private differences. Staff - The area in and around the Lutheran Church of the Master is, for the most part, zoned residential, either single family or multiple family. The PUD /R -1 designation and the church use of these buildings should be consistent with and compatible with the surrounding land use classifications. Churches are acknowledged special uses in an R -1 zoning district. This rezoning will allow the eventual phase out of the three apartment buildings to an R -1 special use designation. c. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? Applicant - Pastor Cottingham notes that all permitted uses in the area for schools, churches, small offices, etc. are permitted in the proposed change requested by the church. Staff - It appears that all permitted uses and proposals can be comprehended for development in this specific PUD proposal. We will need to review the actual development plans for the incorporation of these buildings into a church campus once these plans have been developed and submitted. However, the church has committed to eventually providing the necessary site plan, landscape plan, drainage, water shed and re platting necessary to comply with city regulations. P P g P g �' P Y Y g d. Have there been substantial physical or zoning classification changes in the area 9 -15 -94 4 Planning Commission Information Sheet since the subject property was zoned? Applicant - Pastor Cottingham points out to the best of their collective memory there have not been any substantial physical or zoning classification changes in the immediate area. He does point out the changes to Highway 252 and its expansion, the 694 changes and some changes to the Humboldt Square Shopping Center. He notes that none of these will have an impact on the church's proposal. Staff - The only major zoning classification change in this immediate area was the rezoning from C -2 (Commerce) to R -3 (townhouse /garden apartment) of the property immediately to the south of 69th adjacent to the Humboldt Square Shopping Center. This has no major effect on the church's proposal and it is possible to have a development consistent with this as well as other residential property in the area. e. In the case of city initiated rezoning proposals, is there a broad public purpose evident? Applicant - They note this is not the city initiated proposal. Staff - Not applicable. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Applicant - Pastor Cottingham notes that the proposed zoning change of the three apartments will bear the ordinance development restrictions for this district. He adds that they reuse of the apartments will fit all R -1 applications as they will be used for Sunday school, Confirmation classes and general church meetings. Staff - The subject property should bear fully the ordinance development restrictions for this proposed PUD /R -1 proposal based on findings that will eventually have to be made by the City Council and a development agreement between the city and the church, which will address any and all issues raised and acknowledge an approved site plan as part of the development agreement. As we have indicated, the physical plan has not yet been submitted, but is being put together and will require further review by the Planning Commission and approval by the City Council. We anticipate the ability to meet any and all zoning requirements and modifications to the three apartment buildings will eventually have to meet all building, accessibility, and fire code requirements. The unique aspects of the PUD zoning allow the church to make use of these buildings in the variety of ways they have indicated, including the residential use for visiting missionary families in the retained multiple dwelling in one of the buildings. The PUD designation also protects the underlying rights of the contract for deed holder to re- establish the multiple residential use of these buildings should the church's proposed use not go forward. We 9 -15 -94 Planning Commission Information Sheet should note however, that the ability to re- establish the multiple residential use will only exist > Y P Y until the church has full control of the property. Once the church campus has been developed, her than outlined in the for 1' residential u o the right to use those buildings o multiple es purposes of development agreement for the church use will not be permitted. g. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? Applicant - Paster Cottingham notes that the property in the zoning request is not unsuited for the planned uses. He states the size, configuration and location adds in a complimentary way to the church property it will become a part of. Staff - The property is generally suited for the multiple residential use made of it, however, this does not preclude the fact the church use of these buildings may be a better longer range use of the existing buildings. As indicated previously it has been City policy to thin out the number of multiple residential dwellings in the City. h. Will the rezoning result in an expansion of a zoning district warranted by: 1) Comprehensive Planning; 2) The lack of developable land in the proposed zoning district; or 3) The best interests of the community? Applicant - Pastor Cottingham notes that they do not believe the proposed zoning change will bring about any significant changes to the immediate community. They also believe that as they make use of the rezoned facilities to reach, teach and strengthen families in the City, it will become a center for decency and morality. Staff - The City's Comprehensive Plan does not make any recommendations with respect to this particular property. A review of the land use designations map in the Comprehensive Plan will verify this. With respect to developable land in the proposed zoning district, it should be noted that there is very littls developable land anywhere in the City. The only options for the church in proposed, i to do so on developed land b incorporating to expand, such as is be s y rp g and/or P being P reusing already existing buildings. The church's proposal certainly does not appear to be in conflict with the best interests of the community. i. Does the proposal demonstrate merit beyond the interest of an owner or owners of an individual parcel? Applicant - Pastor Cottingham beyond the does believe that their proposal demonstrates merit y f these buildings for church's religious uses of these buildings. He notes that the church use o hes g g g education of the faith and of the training of youth in our area has potential to make for a more peaceful and moral environment. 9 -15 -94 Planning Commission Information Sheet Staff - The use of the apartment buildings for church purposes and the accompanying upgrading of the site can have some positive impacts in the surrounding areas. Landscaping and physical changes to the area should be a positive factor. PROCEDURE This PUD /R -1 proposal, as previously mentioned, is a rezoning with a specific development proposal. As such, it must go through the normal rezoning process. This means that following the Planning Commission's public hearing the rezoning proposal and development proposal should be referred to the appropriate Neighborhood Advisory Group for review and comment. In this case it should be referred to the Northeast Neighborhood Advisory Group. We will attempt to schedule a meeting of that Neighborhood Advisory Group within the next 30 days for that purpose. Persons receiving notices of the Planning Commission's public hearing (property owners within 350 feet of the subject property) and anyone else who desires to be notified would be informed of the date, time, etc. of the meeting. The Planning Commission should discuss the proposal, open the public hearing on this matter and then table the application and refer it to the Northeast Neighborhood Advisory Group for additional review and comment. The Commission may wish to comment on the proposal and give any direction to the Neighborhood Advisory Group that they believe is appropriate for their review. 9 -15 -94 The Secretary indicated a public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission consideration have been published in the Brooklyn Center Sun /Post. The applicant indicated the encroachment issue had already been resolved. PUBLIC HEARING (APPLICATION NO. 94013) Chairperson Willson asked for a motion to open the public hearing on the request from Irene A. Klammer for preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North at 7:50 p.m. There was a motion by Commissioner Sander and seconded by Commissioner Hilstrom to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes, to close the public hearing AT 7:51 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94009) There was a motion by Commissioner Sander and seconded by Commissioner Hilstrom to recommend approval of Application No. 94013 submitted by Irene A. Klammer for preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North 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. Woodbine Lane is to be dedicated on the final plat as a 30 foot right -of -way. Voting in favor: Chairperson Willson, Commissioners Booth, Hilstrom, Holmes, Reem, and Sander. The motion passed. The Secretary noted that the application will be referred to the City Council at the November 14, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. , APPLICATION NO. 94009 EVANGELICAL LUTHERAN CHURCH OF THE MASTER Chairperson Willson introduced the next item of business, a request from Evangelical Lutheran Church of the Master request for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and three apartment 10 -27 -94 2 buildings located to the east at 1100 69th Avenue North, 1107 Emerson Lane and 6907 Dupont Avenue North. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94009, attached). The Secretary indicated there is also a resolution accompanying this application, he reviewed the resolution noting changes. The first change would be on page two under the first condition the address should read Emerson Lane and not Emerson Avenue. The next change was to remove and additional upon on the last page last paragraph. CONTINUE PUBLIC HEARING Chairperson Willson continued the public hearing at this time. Neil Johnson, a member of the Evangelical Lutheran Church of the Master, indicated a correction to a recent letter received by the City, on the first page it states 2 -12 grades and it should be 2 -6 grades. Chairperson Willson inquired if the applicant understood if during the PUD and the phasing, the applicant makes changes, the City can not guarantee the approval of the rezoning and replatting of the property back to multiple residential. Mr. Johnson indicated the applicant was aware of this. The Secretary also indicated a development agreement will be drafted by the City Attorney and will show specific requirements. The Secretary noted when the church attains full ownership of the property and changes to the structures have been made, the applicant can not return the buildings to multi - residential properties. Mr. Johnson noted the applicant is also aware and understands this. Mr. Johnson inquired if since the first building is being used solely for church purposes and the property is currently on a separate lot from the other buildings, could the church attain tax exempt status on this building. The Secretary indicated it was his understanding that would not be a problem but they should review this issue with the City Assessor. Chairperson Willson reiterated the importance of handicap accessibility. Mr. Johnson indicated the applicant has spoken with the deed holder, Mr. Chazin. Mr. Johnson indicated the owner has no concerns for improvements to the first building, where an accessible ramp would be put at one end of the building and an accessible bathroom would be on the second floor. Chairperson Willson indicated since this would only provide one exit, he would consider this temporary solution. CLOSE PUBLIC HEARING 10 -27 -94 3 There was a motion by Commissioner Hilstrom and seconded by Commissioner Sander, to close the public hearing at 8:28 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94009) Member Ella Sander introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 94 -1 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Hilstrom and upon vote being taken thereon, the following voted in favor thereof: Chairperson Willson, Commissioners Booth, Hilstrom, Holmes, Reem and Sander, whereupon said resolution was declared duly passed and adopted OTHER BUSINESS The Secretary noted the next meeting will be held on November 17, 1994 at 7:30. Discussion was held on various upcoming building projects and redevelopments. ADJOURNMENT There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:45 p.m. Chairperson Recorded and transcribed by: Ruth McLaurin Timesaver Off Site Secretarial 10 -27 -94 4 MINUTES OF THE PROCEEDINGS OF THE NORTHEAST NEIGHBORHOOD ADVISORY GROUP OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 13, 1994 CALL TO ORDER Chairman Steve Boone called the meeting to order at 7:33 p.m. ROLL CALL Chairperson Steve Boone, Members Charles Stutz, Tom Kouri, Michael Snelson, and Planning Commissioner Ella Sander. Also present were the Secretary to the Planning Commission, Planning and Zoning Specialist Ronald Warren and Recording Secretary Ruth McLaurin. Chairman Boone indicated this Group is an advisory group to the Planning Commission. Chairman Boone indicated discussion will be held and recommendations will be forwarded to the Planning Commission. Review of Planning Commission Application No. 94009 submitted by the Evangelical Lutheran Church of the Master. Planning Commission Secretary Ronald Warren presented a brief report regarding this rezoning proposal. The application has been submitted by the Evangelical Lutheran Church of the Master which is located at 1200 69th Avenue North. The Secretary indicated the church is requesting rezoning and site plan approval, through the planned unit development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD/Rl designation to include the church property as well as the three 7 unit apartment buildings located east of the church currently addressed as 1107 Emerson Lane, 1100 68th Avenue North and 6970 Dupont Avenue North. The Secretary indicated the PUD/R1 zoning designation would allow the incorporation and use of these apartment buildings by the church over time in a manner consistent with the City's zoning ordinance. The church has acquired the apartment buildings under a contract for deed from Norman Chazin and is planning a three phased incorporation of these buildings into church use. 10 -13 -94 1 The Secretary pointed out the first phase would involve the utilization of the building closest to the church for purpose of Sunday School and confirmation classes for the church youth. The second phase would incorporate the building addressed a 6907 Dupont into a church use by remodeling the building to permit large group meetings such as adult and children chorus, drama groups, youth gatherings and a senior citizens day teaching/fellowship area. The third phase would incorporate the last building, addressed 1100 69th Avenue North as the church's global missions center. The Secretary noted the plans at this time do not include the physical plans to remodel and reuse the buildings. Eventually the church would need to provide to the City a site plan, landscaping, grading, drainage and utility plans for incorporating the buildings into a church campus. Also replatting of property to incorporate all of these properties into a single parcel would be required as well as review of a watershed water management plan by the Shingle creek Parkway Watershed Management Commission. The Secretary indicated as part of the approval of a PUD, a development agreement between the church and the City would have to be put together outlining the phasing of this proposal including when platting, watershed approval, along with the physical plans would have to be accomplished. The Secretary indicated the Planning Commission will be reviewing the Neighborhood Advisory Group's recommendation at its October 27, 1994 meeting. Chairman Boone thanked the Secretary for providing information to the Advisory Group and the City for the opportunity for resident comments. Chairman Boone inquired if the applicant would like to make any comments at this time. Pastor Robert Cottingham of the Evangelical Lutheran Church of the master, indicated meeting with Staff and goals for the project are from three to seven years. Chairman Boone question if Mr. Norman Chazin, the current holder of the contract for deed on the property, had any concerns. Pastor Cottingham indicated Mr. Chazin has been updated of proceedings and will be meeting with Pastor Cottingham in the near future regarding improvements for accessibility. Chairman Boone indicated phase one appears to have no major affects on the structure of the building. Chairman Boone inquired if the Contract for Deed would be paid off by the time phase two and three are initiated. Pastor Cottingham indicated this would be the goal of the church. Chairman Boone inquired if a P.U.D. is the only vehicle by which a phasing would be accomplished. The Secretary indicated this would be the only option. 10 -13 -94 2 Chairman Boone inquired if the Planning Commission has any concerns. Commissioner Sander indicated the Commission has no concerns at this time. —" Chairman would h be major structural an Boone inquired if after the P.U.D. is established wou there � modifications. Pastor Cottingham indicated only interiors walls should be affected, not the exterior of the buildings. The Secretary indicated a landscaping scheme would be required during phasing, and eventually as the church property grew the Watershed would have additional requirements. Commissioner Sander inquired if the church has future plans for a private school. Pastor Cottingham indicated several ideas are on the board, and a private school is an idea although very costly and not an immediate option. Mr. Tom Kouri inquired if the residents of the apartment buildings would be compensated for relocation. The Secretary indicated since this was not City initiated there would not be any compensation. Pastor Cottingham indicated all efforts of working with the residents have been made. Pastor Cottingham indicated with the evacuation of the first building complete, residents were helped in moving by congregation members and Mr. Chazin helped to find available units in other locations. Mr. Michael Snelson indicated a concern regarding the use of the buildings and frequency. Pastor m indicated almost daily, to Cottin ha Gated various programs are ongoing and scheduled a g P g g g Y, so the building would be used daily. Mr. Snelson inquired if a preliminary study for the Watershed District had been done, to establish the feasibility of the rezoning. The Secretary indicated the main issue would be run off and as the church grows, these issues will be addressed. Pastor Cottingham indicated the church is committed to being compliant with all ordinances and will work with the City throughout this process. Mr. Kouri indicate neighborhood response has been favorable and believes the proposed plans will improve the quality of life in Brooklyn Center. Pastor Cottingham thanked Mr. Kouri for his comments, he indicated a survey by the church had been done; and 99 out of 100 homes asked, were in favor of the expansion. The Secretary indicated notices were sent out to all property owners within 350 feet of the property and no negative response have been received at this point. Chairman Boone at this time called for the question of recommendation of approval of Application No. 94009 to the Planning Commission. The motion passed unanimously. 10 -13 -94 3 The Secretary indicated this recommendation would be presented to the Planning Commission at its October 27, 1994 meeting. By consensus the meeting was adjourned at 8:30 p.m. 10 -13 -94 4 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 15, 1994 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:33 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Mark Holmes, and Dianne Reem. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning �Y Commission Recording Secret Ruth McLaurin. Commissioner Robert Mic kelson was excused from the meeting. Commissioner ssioner Ella Sander arrived at 7: 3� g p.m., and Commissioner Debra Hilstrom arrived at 7:4� p.m. APPROVAL OF MINUTES - AUGUST 11. 1994 There was a motion by Commissioner Holmes and seconded by Chairperson Willson, to approve the minutes of the August 11, 1994, Planning Commission meeting as submitted. Commissioners Reem and Booth abstained. Commissioners Sander and Hilstrom absent at time of vote. Motion passed. CH-AIRPERSON'S EXPT,ANATION Chairperson Willson explained the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO 94009 (EVANGELICAL LUTHERAN CHURCH OF THE MASTERI Chairperson Willson introduced the first item of business, a request from Evangelical Lutheran Church of the Master for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and the three apartment buildings located to the east at 1100 69th Avenue North, 1107 Emerson Lane and 6907 Dupont Avenue North. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94009, attached). 9 -15-94 1 Commissioner Hilstrom inquired if the church after developing the buildings for their use decided to sell, would they be able to sell the buildings individually. The Secretary noted the church would be required to combine the property into one lot through replatting. This would make it impossible to sell portions of the property without replatting the property again. Commissioner Booth indicated the requirement of one acre is necessary for the PUD, he inquired if that applies to this application. The Secretary indicated the Church property alone exceeds this requirement with currently just under five acres, and with the additional buildings would exceed five acres. Commissioner Reem questioned if the Church is the landlord to the three apartment buildings, is there a problem with tax liability. The Secretary explained it was his understanding that since it is a business, even though owned by the Church, it is still responsible for taxes. The Secretary added, when the property is no longer multiple residential, and is incorporated into the functions of the Church, it would then become tax exempt. Commissioner Holmes inquired as to the contract for deed held on the property, which restricts major construction. The Secretary indicated minimal changes are necessary for the first phase and falls within the restrictions. The Secretary added the Church feels one -third of the contract would be paid and the one building could be removed from the restrictions and, therefore, able to meet all requirements necessary for the change in occupancy. Chairperson Willson inquired as to when the completion of the project is proposed. The Secretary indicated the proposed date is set for 1997 for all phases to be completed. Commissioner Sander questioned of the three buildings, how many are occupied currently by residents. The Secretary indicated two of the three buildings are still multiple residential, with the third currently being prepared for use by the Church. PUBLIC HEARING (APPLICATION NO 94009) Chairperson Willson asked for a motion to open the public hearing on the request from Evangelical Lutheran Church of the Master for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and the three apartment buildings located to the east at 1100 69th Avenue North, 1107 Emerson Lane and 6907 Dupont Avenue North at 8:15 p.m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth, to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. 9 -15-94 2 The applicant, Pastor Robert Cottingham of the Evangelical Lutheran Church of the Master, came forward thanking the commissioners for the opportunity to speak. Pastor Cottingham indicated that currently the empty building is being painted and cleaned in preparation for use, but is not being used in any capacity. Pastor Cottingham expressed a willingness to comply with any requirements set forth. Ms. Diane Ristrom of 6819 Noble Avenue N., indicated efforts to assist any handicap person will be available until a lift or any other accessibilities are added to the building. Ms. Ristrom indicated, if necessary, any handicapped person could be taught in the main church building, which is fully accessible. The Secretary indicated a meeting of the Northeast Neighborhood Advisory Group could be held at the Church. Chairperson Willson indicated a more neutral site might be more appropriate so as to avoid any conflict of interest. The Secretary indicated there are optional sites, and perhaps even the Brooklyn Center High School could be used if available. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to table Application No. 94009 and refer it to the Northeast Neighborhood Advisory Group for additional review and comment and to leave the public hearing open. The motion passed unanimously. APPLICATION NO 94010 (BIyIB INC.) Chairperson Willson introduced the next item of business, a request from BIMB, Inc. for preliminary plat approval to subdivide into a lot and an outlot the 14+ acre site located on the west side of Shingle Creek Parkway, south of the Hennepin County Library/Service Cente.. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94010, attached). Commissioner Sander questioned if this application was a matter of rezoning or were there purchases involved. The Secretary indicated this application was for replatting of the property only and that any subsequent requests for rezoning or plan approval would have to be considered on their own merits at a future date. Commissioner Sander inquired if this would reduce the tax responsibility. The Secretary indicated this would be the case if the City accepted a conveyance or gift of the proposed outlot. 9 -16 -94 Commissioner Booth questioned the location of the bike trails. The Secretary pointed out the location and indicated the trails are not on this property but on adjoining park and open space property. Commissioner Holmes inquired as to the opinion of the City Council on this application and gift. The Secretary indicated he believes there will no objection. Chairperson Willson questioned if the City Council had seen the application. The Secretary indicated they had not, the commission was the first to see this application. Commissioner Sander inquired, if the city owned this parcel, could the city develop it. The Secretary indicated the city could, although the development would be restricted due to the constraints placed on the use of the land due to its wetland land and flood plain designations. PUBLIC HEARING (APPLICATION NO. 94010) Chairperson Willson asked for a motion to open the public hearing on the request from BIMB, Inc. for preliminary plat approval to subdivide into a lot and an outlot the 14+ acre site located on the west side of Shingle Creek Parkway, south of the Hennepin County Library /Service Center at 8:45 p.m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth, to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Dick Grones a representative of the applicant came forward to answer questions. Mr. Grones indicated the applicant is proposing to gift the outlot and that the proposed Lot 1 might be sold to the County for a future expansion of that facility. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Reem, to close the public hearing at 8:47 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 940101 There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes to recommend approval of Application No. 94010 submitted by BIMB, Inc. for preliminary plat approval to subdivide into a lot and an outlot the 14+ acre site located on the west side of Shingle Creek Parkway, south of the Hennepin County Library/Service Center subject to the following conditions: 9 -15 -94 4 ME • , ON ■ ■ ■I ■� ■ ■ � /1i ■ 11'x= sal �►� ��1� /■ � ®• :.. � (� -1111 11 /1�/� : : ' ' � ►� ♦♦ ♦♦ � ' '- • 1111 11111■ 1 111 ► ♦ ♦ ♦�j ♦ ♦ ♦ ♦ ♦� � , � Ulu- �_ Iii ■ 111111 1� 11 ♦�♦ ♦ ♦ ♦ ♦♦ 1 ■ ■� 1111 / e 1.111 � ♦ ♦♦ ♦ ♦� 111111 ''' 1 11 � /; � // ��♦�♦�♦�♦�♦� ♦�� � // , , / � �1 ■■ --�►�e 111 ■ - � • . ■/ � 11 111 _�♦� ♦,� ♦�.r►�.. 1■ � ♦♦ . ♦�js X111111/... ■ .. / ► milli ■/1 1111/11111 ♦ . , ♦ ..11■ �� ., I� 1 11 11111 ,. ♦♦ �; 9 ♦� 111 �= ,,, 1/ 1 IrJ/11 .i��m 1111 111■ � /111■ ■ . 1 1 i /'■�► .1 �/ ■11111 111111 ■ �� ♦�.�.� , �� �= ;.. 1 1 111 111 1 � ► • =11111 ... ,., / 1111 11111 ■���� � �= :� � 11 11 X1111 1. j • 11111 • ■/// ■ :11 " � "� _ f 111 111 /11 ... _ NEW so ■/ ■111 � � /11111; � 1 ■1 / / • �I /11 111■ �� III �i , ""' ����� ©111 :: �,� •= i �1��! ■� "� ►� I , � ' .■ 1111 ■/■ ■ w 1. J .f. _._.._._. _ ...... 'f,;. ICY ►Y. �.A■ Sr: �. IJ IFM ......... .. _•.... . ........ ..... ..... ....... ..... ...... .... _ ..... ....... .�.......... - ...... ..... -- . ...... ...... ...... .... .. ..'.......... ...... .•1+. . 1 ......... ........ --------- O W NV11 1 ` ® IwMYwM I � YVWr Y I 5 � i 1 m' LV[llERdN L MURCII OF O } .. 3 TRB WASTER 4; O / \` • 4 �. 1_�t t..a. ` ` .\ - � `1.. 1 \ �\ \ \ t \ ` \ , \ \ \ ` 1 \ \ \ .w t tC ` I SITE PLAN 1 C10Q i Member Ella Sander introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 94 -1 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 94009 SUBMITTED THE EVANGELICAL LUTHERAN CHURCH OF THE MASTER WHEREAS, Planning Commission Application No. 94009 submitted by the Evangelical Lutheran Church of the Master proposes rezoning from Rl (Single Family Residence) and R4 (Multiple Family Residence) to PUD /Rl of the properties addressed as 1200 69th Avenue North, 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North all located at the northwest quadrant of Dupont and 69th Avenues North; and WHEREAS, this proposal comprehends the combining of these parcels and the eventual utilization of three apartment buildings by the Lutheran Church of the Master for church purposes over a phased, or staged, period of time; and WHEREAS, the Planning Commission held a duly called public hearing on September 15, 1994, when a staff report and public testimony regarding the rezoning and plan where received; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on October 13, 1994, at the City Hall and unanimously recommended approval of this Planned Unit Development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 27, 1994, received a staff report and took further testimony during a continued public hearing; and WHEREAS, the Commission considered the rezoning and plan request in light of all testimony received, the guidelines for evaluation rezonings contained in Section 35 -208 of the City's Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 94009 submitted by the Evangelical Lutheran Church of the Master be approved in light of the following considerations: 1. The rezoning and plan are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. Planning Commission Resolution No. 94 -1 2. The rezoning and development plan will allow for the utilization of buildings by the church in a manner which can be considered compatible .with surrounding land uses. 3. The utilization of the property in question, with the submission of future plans, will conform with city ordinance standards. The phased, or staged, incorporation of the buildings for church purposes is considered a reasonable use of property. 4. The rezoning and plan are considered compatible with recommendations in the City's Comprehensive Plan for the northeast neighborhood area. 5. The eventual incorporation of the buildings and their utilization by the church appears to be a good long range use of the existing buildings and can be considered to be in the best interests of the community. BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that approval of Application No. 94009 be subject to the following conditions and considerations: 1. The immediate use of the building at 1107 Emerson Lane North for Sunday School and Confirmation classes may proceed subject to the approval of the building official regarding the occupancy and use of the building. 2. The continued use of the buildings addressed as 1100 69th Avenue North and 6907 Dupont Avenue North as rental dwellings is allowed until the second phase of the project begins, subject to the licensing provisions in the City's Building Maintenance and Occupancy Ordinance. 3. A multiple family residential use of the three apartment buildings may be re- established if, for some reason, the church's proposal does not go forward and the phased utilization of these buildings is not undertaken. 4. The Lutheran Church of the Master shall submit the necessary site plan including landscaping, grading, drainage, utility and floor plans along with a preliminary plat and watershed plan in a timely manner prior to proceeding with the phase II and phase III utilization of the property. 5. The church shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney prior to phase I utilization of the buildings. Said agreement shall outline the phasing of this plan including when platting, watershed review, and the physical plans shall be accomplished. Planning Commission Resolution No. 94 -1 Date' Chairperson ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Debra Hillstrom and upon vote being taken thereon, the following voted in favor thereof: Willson, Holmes, Reem and Booth and the following voted against the same: none. whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1994, at p.m. 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 Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND 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 -1130. MULTIPLE FAMILY RESIDENCE DISTRICT (R4). The following properties are hereby established as being within the (R4) Multiple Family Residence District zoning classification: [Lots 1, 2, and 3, Block 1, Brookdale Manor 2nd Addition.] Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 1. The following properties are designated as PUD /R1 (Planned Unit Development/One Family Residential): Lots 1 through 12, Block 1 and Lots 1 through 12, Block 2, Twin Lake Meadows; Lot 1, Block 1, Evangelical Lutheran Church of the Master 2nd Addition: Lots 1 2 and 3 Block 1 Brookdale Manor 2nd Addition Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1994. Todd Paulson, Mayor ATTEST: Deputy City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • Council Mecting Date 11 -14 -94 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: Planning Commission Application No. 94013 submitted by Irene A. Klammer Department Approval: Ronald A. Warren, Planning and Zoning Specialist Manager's Review /Recommendation: A.,Y.,z No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached • Planning ommission Application No. 94013 submitted b Irene A. Klammer is a request for g PP Y � preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North. This application was considered by the Planning Commission at its October 27, 1994 meeting. Attached are minutes and information sheets from that meeting, a map of the area, and site plan. Recommended City Council Action: This application was recommended for approval by the Planning Commission at its October 27, 1994 meeting subject to conditions of approval. Planning Commission Information Sheet Application No. 94013 Applicant: Irene A. Klammer Location: 1521 73rd Avenue North Request: Preliminary Plat The applicant, Irene A. Klammer, is requesting preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North. The land in question is zoned R1 (Single Family Residence) and extends between 73rd Avenue North and Woodbine Lane, westerly of Humboldt Avenue. It is bounded on the north by 73rd Avenue; on the east by single family homes; on the south by Woodbine Lane; and on the west by single family homes. The proposed plat, which is to be known as the Klammer Addition, currently has a meets and bounds description and would be divided into two buildable lots (Lot 1, Block 1 and Lot 2, Block 1, Klammer Addition) of the following dimensions: LOT WIDTH DEPTH AREA Lot 1, Block 1 95.04' 200.09' 19,011.8 square feet (Northerly lot) Lot 2, Block 1 95.04' 170.07' 16,163.5 square feet (Southerly lot) The two lots proposed substantially exceed the minimum requirements for interior lots in an R1 zone which are 75 feet in width and 9,500 square feet in area. The northerly lot contains an existing single family home and two accessory buildings. The southerly lot contains no structures and the applicant proposes to sell this lot for development of a single family home. The preliminary plat survey shows five foot wide drainage and utility easements along the interior and rear property lines of the two proposed lots. In addition a ten foot wide drainage and utility easement would be located along the public street frontages at 73rd and Woodbine Lane. Sanitary sewer and water serve the existing house at 1521 73rd Avenue. Sanitary sewer and water are stubbed in to the property line for the proposed Lot 2. The Engineering Department has reviewed the proposed subdivision and has noted that the preliminary plat should be modified to show the half street widths for 73rd Avenue North to be 33 feet and for Woodbine Lane to be 30 feet. Woodbine Lane is to be dedicated on the final plat as a 30 foot right -of -way. It is presently an easement for street and utility purposes per a document filed on October 23, 1967. - - 10 27 94 1 Planning Commission Information Sheet The preliminary plat survey indicates a driveway encroachment over the southeasterly corner of Lot 2. This encroachment does not create any problems with respect to the platting of the property however, it is something that the property owner may wish to clear up in order to avoid possible title problems with respect to the sale of this lot or the neighboring lot. A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission consideration have been published in the Brooklyn Center Sun /Post. RECOMMENDATION This preliminary plat appears to be in order and is recommended for approval subject to at least 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 preliminary plat shall be modified to show half street widths for 73rd Avenue North as 33 feet and for Woodbine Lane as 30 feet. 4. 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Land Surveyors 0 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 27, 1994 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:40 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Debra Hilstrom, Mark Holmes, Dianne Reem and Ella Sander. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth McLaurin. Commissioner Robert Mickelson was execused from the meeting. APPROVAL OF MINUTES - SEPTEMBER 15, 1994 There was a motion by Commissioner Sander and seconded by Commissioner Booth to approve the minutes of the September 15, 1994, Planning Commission meeting as submitted. The motion passed unanimously. CHAIRPERSON'S EXPLANATION Chairperson Willson explained the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 94013 IRENE A KLAMMER Chairperson Willson introduced the first item of business, a request from Irene A. Klammer for preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North. The Secretary present the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94013, attached). The Secretary also indicated the preliminary plat survey indicates a driveway encroachment over the southeasterly corner of Lot 2. This encroachment does not create any problems with respect to the platting of the property however, it is something that the property owner may wish to clear up in order to avoid possible title problems with respect to the sale of this lot or the neighboring lot. 10 -27 -94 1 The Secretary indicated a public hearing has been scheduled for this preliminary plat application is and notices of the Planning Commission consideration have been published in the Brooklyn Center Sun /Post. The applicant indicated the encroachment issue had already been resolved. PUBLIC HEARING (APPLICATION NO. 94013) Chairperson Willson asked for a motion to open the public hearing on the request from Irene A. Klammer for preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North at 7:50 p.m. There was a motion by Commissioner Sander and seconded by Commissioner Hilstrom to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes, to close the public hearing AT 7:51 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94009) There was a motion by Commissioner Sander and seconded by Commissioner Hilstrom to recommend approval of Application No. 94013 submitted by Irene A. Klammer for preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North 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. Woodbine Lane is to be dedicated on the final plat as a 30 foot right -of -way. Voting in favor: Chairperson Willson, Commissioners Booth, Hilstrom, Holmes, Reem, and Sander. The motion passed. The Secretary noted that the application will be referred to the City Council at the November 14, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. APPLICATION NO. 94009 EVANGELICAL LUTHERAN CHURCH OF THE MASTER Chairperson Willson introduced the next item of business, a request from Evangelical Lutheran Church of the Master request for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and three apartment 10 -27 -94 2 Council Meeting Date 11/14194 City of f Brooklyn Center Agenda Item Number �- Request For Council Consideration • Item Description: REPORT ON ADOPT- A- PARK/TRAIL /STREET PROGRAM Department Approval: Diane Spector, Director 4f Public Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Receive the report and adopt the attached resolution recognizing program participants. Summary Explanation: (supporting documentation attached Yes ) • The attached report from Administrative Aide Joyce Gulseth details the activities of groups volunteering their time in the Adopt- A- Park/Trail /Street programs. These programs continue to grow, and volunteer groups are continuing to request the opportunity to be involved in more activities than simply periodic garbage pickup. I believe that this high level of participation indicates a great amount of community support for our extensive park system, and a desire to maintain its quality. Joyce Gulseth has contributed greatly to the success of this program, especially in the organization of the "thank you" picnic in October. Park Maintenance staff, especially Kent Korman, have also provided support for the program participants. As the report indicates, the following City employees donated their time to assist with the picnic: from the Community Development Department, Tom Bublitz; and from the Public Services Department, Bob Cahlander and Ole Nelson from the Street Division, Joyce from the Engineering Division, and Sharon Schmidt and Arnie Mavis from the Recreation Division. A number of community organizations and businesses also graciously donated resources to help fund the picnic and door prizes. We continue to look for ways to utilize volunteer help. We hope to organize a spring kickoff for these programs, providing rolls and coffee to help fuel the volunteers on their initial spring cleanup. i MEMORANDUM Date: November 9, 1994 To: Diane Spector From: Joyce Gulseth Subject: Adopt -A -Park, Adopt -A- Trail, Adopt -A- Street Programs In its third year, the Adopt -A -Park, Adopt -A- Trail, and Adopt -A -Street programs were supported by the volunteer efforts of 37 groups or individuals who generously donated their time and energy in a personal commitment to provide a cleaner and safer community. Dallas Road Neighbors scraped and painted the warming house at Riverdale Park and planted a mum garden in front of the park sign. Kids On The Move Daycare added plants to the flower garden they planted last year at the entrance to Orchard Park. Wes and Holly Scott moved to Minnetonka but returned several times during the year to fulfill their commitment to clean Garden City Park. Diane Swanson, a volunteer of the Looney Weavers that clean West River Road, recruited three additional groups to adopt facilities. Carol Stauber and Elizabeth Muellner volunteered countless hours in designing and planting wildflower gardens in the Arboretum. Other groups provided plantings and flower gardens and provided additional services beyond the usual cleanup. The activities for the year culminated with a "Thank You" picnic in Central Park on October 22, 1994. Groups were encouraged to do their final clean-up on that day and join other volunteers for a noon picnic. In spite of the weather conditions, about 150 people participated in the event. Prizes and food were donated for the event by SuperAmerica, Jerry's New Market, K -Mart, Target, Brookdale Shopping Center, Norwest Bank, Marquette Bank, Investors Savings Bank, Twin City Federal Banking and the Park and Recreation Department. City staff involved in the event included Bob Cahlander, Ole Nelson, Tom Bublitz, Sharon Schmidt, Arnie Mavis and Joyce Gulseth. The volunteer groups represent a cross - section of the community including service organizations, employee groups, schools, scouts, and neighborhood groups. The organizations have been recognized by small signs at their adopted facilities. A listing of the volunteer groups and their adopted facilities is attached. The attached resolution thanks the groups for their commitment to this program. Each group has also received a certificate of appreciation. ADOPT A PARK 1994 Arboretum Region B Campfire Boys and Girls Jan Althoff Bellvue Brooklyn Center Lioness Club Inky Moeschler Brooklane Garden City Elementary Barb Dahlquist Central B.C. Rotary Club Gerry Anderson Evergreen Park Ever Park School & PTO Ken Berg Bullfrogs & Butterflies Childcare Anna Filson Firehouse Park Brooklyn Center Charter Commission Myrna Kragness Garden City Park Wes & Holly Scott Wes & Holly Scott Brookpark Dental Center Dawn Gass /Sue Voul Grandview Children's World Keri Kraus Earle Brown Elementary Theresa Mickelson Happy Hollow Boy Scout Troop #401 Skip Haley K lawn Girl Scout Troop #1606 Lori Munden Y P Lions Park Girl Scout Troop #739 Clarice D. Bailey Northport Girl Scout Troop #1081 Paula Pilrose Orchard Park Kids On The Move Daycare Jan Tieden Riverdale Dallas Road Neighbors Linda Barli River Ridge Cub Scouts - Den 5 - Pack 401 George Johnson Twin Lake Island/Twin View Outlots Twin Lake Association Kristen Mann Twin Lake North Ray & Dolores Beach Ray Beach Twin Lake Peninsula Tim Olson Tim Olson Wangstad Brookdale Chrysler Plymouth Scott Rosstedt Willow Lane Willow Lane Student Council Linda Torfin Girl Scout Troop #759 Sheila Northrop 0 ADOPT A STREET 1994 .... ............. .. . . ....... ......... GAMs ............. ................. ....... .. .... ........ . R County Road 10 Brooklyn United Methodist Church Diane Swanson Dupont Avenue South 6th Grade-Earle Brown Elementary David Zwiener Earle Brown Drive Textron Financial Corp. Joy Fleury Freeway Blvd. East Barnacle Bill's Steak & Seafood David Koch Freeway Blvd. West Holiday Inn Staff Patrick Laniel Shingle Creek Pkwy South Target, Brooklyn Center "Good Chris Rodrigues Neighbors" West River Road Loony Weavers Diane K. Swanson ADOPT A TRAIL 1994 ................... .......... . ........... ...... .. ........ . ............... .......... ... .... ....... ........... . ........ ................ . . ...... ..... .... . ....... . ............ ...... ..... .,:R ............ . . . .. ..... . ........ .................. .......... . ........ ....................... ::: ........ .......................... .. . ...... ........ ......... Jr. 1......... X .:..::::::: ............ ................. ............ ... ................ GROURSPONSO .... ..... . ......... .......... ......... .. ....................... ... .. ....... ... :.... .. : ..... ...... ........ .................. ........ ........... ..... .... ..... ........ ....... . .... ........ ...... T#MW' 69th Avenue Cub Scout Pack 632 Den 9 C.J. Fisher Lilac Drive Girl Scout Troop #934 Renae J. Booke - Shingle Creek North I Brooklyn Swim Club Judy Riess Shingle Cr eek South B.C. Community Oriented Policing John Blalock Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT- A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations have generously volunteered their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Sstreet programs. WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the public service of the following groups is hereby recognized and appreciated: 6TH GRADE CLASS — EARLE BROWN ELEMENTARY BARNACLE BILL'S STEAK & SEAFOOD BOY SCOUT TROOP 401 BROOKDALE CHRYSLER PLYMOUTH BROOKLYN CENTER CHARTER COMMISSION BROOKLYN CENTER TARGET "GOOD NEIGHBORS" BROOKLYN UNITED METHODIST CHURCH BROOKLYN SWIM CLUB BROOKLYN CENTER LIONESS CLUB BROOKLYN CENTER ROTARY CLUB BROOKPARK DENTAL CENTER BULLFROGS & BUTTERFLIES CHILDCARE CAROL STAUBER & ELIZABETH MUELLNER CHILDREN'S WORLD CUB SCOUTS - DEN 5 - PACK 401 CUB SCOUTS - DEN 9 - PACK 632 DALLAS ROAD NEIGHBORS EARLE BROWN SCHOOL COMMUNITY EVERGREEN PARK SCHOOL & P.T.O. GARDEN CITY ELEMENTARY STUDENTS & STAFF GIRL SCOUT TROOP 759 GIRL SCOUT TROOP 934 Resolution No. GIRL SCOUT TROOP 739 GIRL SCOUT TROOP 1606 GIRL SCOUT TROOP 1081 HOLIDAY INN STAFF HUMBOLDT AVENUE SUBSTATION KIDS ON THE MOVE DAYCARE LOONY WEAVERS MR. & MRS. RAY BEACH REGION B CAMPFIRE BOYS AND GIRLS TEXTRON FINANCIAL CORPORATION TIMOTHY OLSON TWIN LAKE ASSOCIATION VIKING COUNCIL PACK 632, DEN 9 WES & HOLLY SCOTT WILLOW LANE STUDENT COUNCIL Date Todd Paulson, Mayor ATTEST: Deputy 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 in g ed agai st the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 11/14/94 31 City of Brooklyn Center Agenda Item xumbet / LL Request For Council Consideration • Item Description: RESOLUTION REFUNDING OF AN INITIAL BOND OFFERING: REFUNDING REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO 469.1651, ON BEHALF OF BROOKDALE TWO LIMITED PARTNERSHIP Department Approval: G. Brad Hoffman, Community Development Director Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends Council approve the resolution authorizing the refunding. • Summa Explanation: (supporting documentation attached No I'3' P ( PP g ) The City of Brooklyn Center has received an application fee of $5,000 from Brookdale Two Limited Partnership (Ryan Construction) to refund (refinance) their building at 6200 Shingle Creek Parkway. The original issue was authorized by the City in 1984. The request before the Council is a routine refinancing of the project using their current tax exempt bond. As indicated, the applicant has paid the $5,000 application fee as required by the policy adopted by the Council this year. The bond issue will also be subject to the annual 1/8 of 1 point administrative fee, which is also required. (The applicant is required to pay 1/8 of 1 point of the outstanding principal each yam) A representative of the applicant and I will be available Monday evening should you have any questions. • /lam Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REFUNDING OF AN INITIAL BOND OFFERING: REFUNDING REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO 469.1651, ON BEHALF OF BROOKDALE TWO LIMITED PARTNERSHIP BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City "), as follows: 1. Authority The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.152 to 469.1651, as amended (the "Act "), authorized to issue and sell its revenue bonds and refunding revenue bonds for the purpose of financing and refinancing costs of authorized projects and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Authorization of Project; Documents Presented Brookdale Two Limited Partnership, a Minnesota limited partnership (the "Borrower "), has proposed to this Council that the City issue and sell its $8,100,000 City of Brooklyn Center Industrial Development Refunding Revenue Bonds ( Brookdale Two Limited Partnership Project), Series 1994, in substantially the same form set forth in the hereinafter- mentioned Trust Indenture (the "Bonds ") pursuant to the Act and loan the proceeds thereof to the Borrower in order to refinance costs incurred in the acquisition, construction and equipping of a commercial facility in the City (as further described in said Trust Indenture, the "Project "), owned by the Borrower. The Bonds are to be issued for the specific authorized purpose of causing to be refunded the City's outstanding Commercial Development Revenue Bonds ( Brookdale Two Limited partnership Project), Series 1984, issued in the original aggregate principal amount of $8,100,000 (the "Refunded Bonds "), and currently outstanding in the aggregate principal amount of $8,100,000. Forms of the following documents relating to the Bonds have been submitted to the City and are now on file in the office of the City Clerk: (a) Loan Agreement (the "Loan Agreement ") dated as of November 1, 1994, between the City and the Borrower, whereby the City agrees to make a loan to the Borrower of the gross proceeds of sale of the Bonds and the Borrower agrees to cause the Refunded Bonds to be refunded in full, and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bonds; and (b) Trust Indenture (the "Trust Indenture ") dated as of November 1, 1994, between the City and First Trust National Association, as Trustee, authorizing the issuance of the Bonds and pledging certain revenues, including those to be derived from the Loan Agreement, as security for RESOLUTION NO. the Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (c) Guaranty Agreement (the "Guaranty ") dated as of November 1, 1994, from Northwestern National Life Insurance Company (the "Guarantor ") to the Trustee, by which the Guarantor, absolutely and unconditionally, guarantees payment of all principal of, Purchase Price for, premium, if any, on and interest on the Bonds when due (this document not to be executed by the City); and (d) Bond Purchase Agreement (the "Bond Purchase Agreement "), by and between Juran & Moody, Inc. (the "Underwriter "), the Borrower, and the City, providing for the purchase of the Bonds from the City by the Underwriter and setting the terms and conditions of purchase; and (e) Preliminary Official Statement and final Official Statement (the form of the Preliminary Official Statement, together with the insertion therein of the final underwriting details with respect to the Bonds, including the rate of interest to be borne thereby, to and until the Mandatory Purchase Date, as further provided therein and in the Indenture, intended to constitute the form of the final Official Statement, and the Preliminary Official Statement and the final Official Statement sometimes referred to herein together as the "Official Statement "), describing inter alia, the offering of the Bonds, and certain terms and provisions of the foregoing documents. 3. Findings It is hereby found, determined and declared that: (a) The Project, based upon information furnished by the Borrower, constitutes a project authorized by and described in the Act. (b) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Project or to the Bonds, or challenging the legality or validity of the Loan Agreement, the Bond Purchase Agreement or the Trust Indenture, or questioning the organization or powers of the City or the authority of the City to issue the Bonds and enter into the Loan Agreement, the Indenture and the Bond Purchase Agreement. (c) The execution, delivery and performance of the City's obligations under the Bonds, the Trust Indenture, the Bond Purchase Agreement and the Loan Agreement do not and will not violate any charter provision, or any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its RESOLUTION NO. property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Trust Indenture, under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds (except for the rights of the City thereunder to indemnity, payment of fees and expenses, and repayment of advances). (e) The Loan Agreement provides for payments by the Borrower to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, Purchase Price for, premium, if any, on, and interest on the Bonds when due. The Loan Agreement obligates the Borrower to pay for or cause to be paid all costs of operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments. (f) Under the provisions of the Act, and as provided in the Loan Agreement and Trust Indenture, the Bonds are not to be payable from nor charged upon any funds of the City other than amounts payable by the Borrower pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City (other than the City's interests in the Loan Agreement assigned to the Trustee pursuant to the Indenture); the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the City's interests in the Loan Agreement assigned to the Trustee pursuant to the Indenture); and each Bond issued under the Trust Indenture shall recite that the Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 4. Approval and Execution of Documents The forms of Loan Agreement, Trust Indenture, Guaranty, and Bond Purchase Agreement referred to in paragraph 2 are approved. The Loan Agreement and Trust Indenture shall be executed in the name and on behalf of'the City by the Mayor and the City Clerk, or other officers of the city, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof, and then shall be delivered to the Trustee. The Bond RESOLUTION NO. Purchase Agreement shall be signed on behalf of the City as provided therein. Copies of all documents shall be delivered and filed as provided therein. 5. Approval, Execution and Delivery of Bonds The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount of not to exceed $8,100,000, in the form and upon the terms set forth in the Trust Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the interest rates to be borne by the Bonds and the rights of optional and mandatory redemption with respect thereto shall all be as set forth in the final form of Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that in no event, shall such rates of interest produce a net interest cost (to and until the Mandatory Purchase Date, as further provided in the Indenture) in excess of 7.00 % per annum. The Underwriter has agreed pursuant to the provisions of the Bond Purchase Agreement, and subject to the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the Bond Purchase Agreement, and said purchase price is hereby found to be favorable and is hereby accepted. The Mayor and City Clerk and other City officers are authorized and directed to prepare and execute the Bonds as prescribed in the Trust Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by Section 2.08 of the Trust Indenture, for authentication, registration and delivery to the Underwriter. As provided in the Trust Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement The City hereby consents to the circulation by the Underwriter of the Official Statement in offering the Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and makes no representations or warranties as to the accuracy or completeness of such information. 7. $10 Million Election The City hereby elects that the $10 million election with respect to the Bonds and certain capital expenditures for the Project, as provided under Section 144(a)(4) of the Internal Revenue Code of 1986, as amended (or any applicable predecessor Section of the Internal Revenue Code of 1954, as amended prior to the enactment of the Tax Reform Act of 1986), shall apply to the Bonds and the Project. 8. Certificates. etc. The Mayor, City Clerk and other officers of the City are authorized and directed to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11114194 3 City of Brooklyn Center Agenda Item Number //- Description: Item Descri P Request For Council Consideration • Resolution Urging the Legislature Correct the Imbalance of Property Tax Base and Public Investment in the Metropolitan Area Department Approval: Gerald G. Splinter, City Manag Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends the City Council pass the attached resolution encouraging the legislature to correct the imbalance of property tax base and public investment in the metropolitan area. • Summary Explanation: (supporting documentation attached No Y P ( PP g ) As a part of the North Metro Government Summit, the North Metro Mayors Association presented information relating to an imbalance of resources and concentration of problems within the metro area. These statistics identified the communities in the metro area where there is the most need and have the lesser resources available to meet those needs. It also demonstrated there is generally greater flow of money to areas of lesser need. It is also a concern in the downgrading of priorities for road construction projects such as T.H. 169, T.H. 10, T.H. 100, T.H. 610, and the Anoka - Champlin bridge, and T.H. 252 represents a diminishing commitment by the State to the north metro area. The transportation needs of the north metro area must be met, and I believe the City Council should work with Mn /DOT and State legislators to address the funding inadequacy of our transportation financing system. • //h Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION URGING THE LEGISLATURE CORRECT THE IMBALANCE OF PROPERTY TAX BASE AND PUBLIC INVESTMENT IN THE METROPOLITAN AREA WHEREAS, an astonishing disparity in poverty concentration, housing, education, and the allocation of infrastructure dollars has evolved in the Twin Cities Metropolitan area, similar to historical trends in other metro regions in the nation; and WHEREAS, the North Metro suburbs are gaining poor children, as a percentage of total school enrollment, faster than any other part of the Metro area; and WHEREAS, the North Metro suburbs have the lowest property tax base per household in the region; and WHEREAS, the inner -ring suburbs captured only 19% of the new jobs during 1980 -1990; and WHEREAS, a number of North Metro area transportation projects have been either delayed or downgraded in priority status during the past decade (for example: T.H. 169, T.H. 10, T. H. 100, and T. H. 610, Anoka - Champlin Bridge) and T.H. 252 continues at capacity without any plans for major improvements; and WHEREAS, the North Metro area transportation needs continue to grow while state transportation funding resources are not adequately meeting these needs in a timely manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Council supports the following principles to be incorporated into a legislative package beginning in 1995 to correct the above- described situation: 1. Expanded regional tax base sharing, 2. Mandate balanced infrastructure investment in the metropolitan area, and 3. Mandate balanced distribution of regional resources. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11 -1494 3 City of Brooklyn Center Agenda Item Number Description: Item Descri P Request For Council Consideration • RESOLUTION AUTHORIZING THE PURCHASE OF SIX (6) HANDI TALKIES FOR THE F IRE DEPARTMENT Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Authorizing the Purchase of Six (6) Handi Talkies for the Fire Department Summary Explanation: (supporting documentation attached Yes ) The radio fre icle radios handi talkies and p agers will now used for the fire d veh , Pg be changing n e a problem with most of in in November to Golden Valley's fire frequency. This will of b P g g Y � Y the equipment because it has been purchased within the past few years and is readily computer programmable. This is not the case with six of the department's handi talkies, however. Because these handi talkies are 15 years old, they will require installation of crystals for both transmitting and receiving. The approximate cost to convert each of the six Motorola MX -350 portables will be $700 including parts and labor, for a total cost of $4,200. The City of Brooklyn Center can purchase six new Motorola HT- 1000's through the Minnesota Fire Agencies Purchasing Consortium at a cost of $861 each, for a total cost of $5,166. Because the present handi talkies are 15 years old and the cost to purchase new ones is relatively close to updating the present ones, it would be more cost efficient to replace the handi talkies at this time. The money to pay for these handi talkies would come from money allocated for the radio frequency change, and the balance from money allocated in 1994 for two additional ladders. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF SIX (6) HANDI TALKIES FOR THE FIRE DEPARTMENT WHEREAS, the fire department will be changing radio frequencies and the estimated cost to change the frequency of the present 15 -year -old handi talkies is $4,200; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the Minnesota Fire Agencies Purchasing Consortium (MFAPC) contract to purchase six (6) new Motorola HT- 1000's at a cost of $5,166; and WHEREAS, these handi talkies would be bought with monies allocated in the equipment and radio budgets of the fire department as follows: 1405 -4552 Equipment $ 2,292 1404 -4323 Radio 2,874 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of six (6) Motorola -1000 handi talkies through the Minnesota Fire Agencies Purchasing Consortium in the amount of $5,166 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: JERRY SPLINTER CITY MANAGER FROM: RON BOMAN FIRE CHIEF SUBJECT: REPLACE 6 HANDI TALKIE'S DATE NOVEMBER 1, 1994 Q� On about November 15 we will begin to change the fire department frequency over to the Golden Valley fire frequency, as you are aware we will have to change all the frequencies in all of our vehicle radio's, handi talkies and pagers, this is not a problem in most of our equipment because it has been purchased in the last 6 to 8 years and is very easily and inexpensively accomplished because the equipment is computer programmable and doesn't use the old style crystals which are very expensive. The fire department has 6 Motorola MX -350 Portable's that require the old style individual crystals each channel requires 1 crystal for transmitting and 1 for receiving, each radio has 6 channels for transmitting and receiving and will cost about $600 for parts plus labor will be an additional the cost, bringing the total cost for converting these old handi talkies to approximately $700.00 each. It is my recommendation that we purchase 6 new Motorola HT -1000 off of the Minnesota Fire Purchasing Consortium 1994 at a cost of $861.00 each for a cost of $5046.00, which is very close to the cost of converting the old radios. I would recommend that I use the $2,000 1 have budgeted for 2 ladders in 1994 and I can cover the balance out of the money we have allocated for the radio frequency change. Conversion of 15 year old Handi Talkies $600 ea plus labor $3,600 Purchase of new HT -1000 $841 ea $5,046 Council Meeting Date 11/14/94 City of Brooklyn Center Agenda Item Number // 0 1 Request For Council Consideration • Item Description: RESOLUTION AMENDING THE 1995 RECYCLING RATES FROM $2.25 PER MONTH PER HOUSEHOLD, TO $2.15 PER MONTH PER HOUSEHOLD Department Approval: Jim G as e, Ic Services Coordinator Manager's Review / v ec o endation: -u' No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution to amend the 1995 recycling rates. Summary Explanation: (supporting documentation attached ) On September 26, the City Council approved the establishment of the 1995 recycling rate at $2.25 per month, per household. This rate was established at the recommendation of the Hennepin County Recycling Group (HRG). Its recommendation was based on preliminary entitlement figures from Hennepin County. The entitlement figures have now been adjusted and officially adopted. HRG has amended its budgets and is establishing a rate for 1995 that is .10 below its initial rate request. Staff recommends that the 1995 recycling rates, established by Resolution 94 -213, be decreased to $2.15 per month, per household. This rate will allow us to accommodate HRG fiscal requirements, while keeping utility costs as affordable as possible. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING 1995 RECYCLING RATES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group formed pursuant to Minnesota Statutes, 1987, Section 471.59; and WHEREAS, the purpose of the joint powers agreement was to create an organization by which the member cities may jointly and cooperatively provide for the efficient and economical collection, recycling, and disposal of solid waste within and without their respective corporate boundaries, all in compliance with Minnesota Waste Management Act, Minnesota Statutes, 1987, Chapter 115A; and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, Brooklyn Center Ordinance No. 89 -11 authorizes the City to establish rates for recycling services; and WHEREAS, the City Council by Resolution 94 -213 has established a rate of $2.25 per month per household for recycling services beginning January 1, 1995; and WHEREAS, HRG has amended its rate for 1995 to $2.15 per month per household for recycling services beginning January 1, 1995; and WHEREAS, the rates for recycling services established by the HRG reflect the amount needed to fund the City's curbside recycling program after the projected reimbursement of recycling program costs from Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the above amended rates established by the HRG for recycling services are hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11/14/94 3 City of Brooklyn Center Agenda Item Number 16 Request For Council Consideration • Item Description: RESOLUTION ACCEPTING BID AND AWARDING CONTRACTS FOR IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1994 -Q, RESIDENTIAL STRUCTURE REMOVAL (PARK & RIDE /STORM POND SITE) Department Approval: Diane Spector, Directck of Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached PP P Recommended City Council Action: A resolution which accepts the high bid for purchase of structures and the low bid for demolition of • structures and awards contracts is attached for consideration. Summary Explanation: (supporting documentation attached Yes ) The City Council on March 14, 1994 by Resolution No. 94 -53 authorized the negotiated purchase of the properties within this site. On October 11, 1994, by Resolution No. 94 -222, the City Council established this project, approved plans & specification and authorized the advertisement for bids. Bids for Contract 1994 -Q were received on October 27, 1994. This contract consists of the removal of the single and multi - family structures for the Park & Ride and Storm Pond site at I -94 and Brooklyn Boulevard. The tabulation of the bids received are as shown in Exhibit A, attached hereto. • 8 8 8 8 8 8 8 8 8 I B S 8 8 8 U 8 8 8 8 8 8 8 8 8 S ( 3 8 8 8 o qC 88 � 8 t ♦ to m N O A 4 E 1 Z 8 8 8 8 8 8 8 8 8 8 8 8 8 8- 8 K )� Y O Z S 8 8 8 8 8 8 8 8 8 8 8 8 S 8 8 8 8 8 8 8 8 8 8 8 0 I„ N ER 8_ d E a O u � o a _ ° 3 4 y m m ? r r e a a < < a a a a EXHIBIT A Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACTS FOR IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1994 -Q, RESIDENTIAL STRUCTURE REMOVAL (PARK & RIDE /STORM POND SITE) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1993 -18, bids were received, opened and tabulated by the Director of Public Services on the 27th day of October, 1994; and WHEREAS, ten structures were bid for purchase to be moved from the City and four structures were bid for demolition; and WHEREAS, based upon the bids received and upon review of the bidders qualifications, the Engineering Staff recommends the following awards: A. To Semple Building Movers, 1045 Jesse St., St. Paul, MN for purchase of the following: 1. 6521 Brooklyn Boulevard $11,299.99 2. 3910 65th Ave. No. $ 4,100.00 3. 4010 65th Ave. No. $ 8,399.99 4. 4018 65th Ave. No. $ 12,399.99 5. 4024 65th Ave. No. $ 8,599.99 6. 4100 65th Ave. No. $ 9,199.99 7. 4106 65th Ave. No. $ 8,369.99 B. To Ernst Building Movers Corp., 9400 85th Ave. No., Mpls, MN for purchase of the following: 1. 6527 Brooklyn Boulevard $ 850.00 2. 6515 Brooklyn Boulevard $ 5,503.00 C. To Otting House Movers, 11640 East 275th Street, Lakeville, MN for purchase of the following: 1. 4012 65th Ave. No. $ 9,250.00 D. To Otting House Movers, 11640 East 275th Street, Lakeville, MN for the demolition of the following: 1. 6501 Brooklyn Boulevard ($4,500.00) 2. 4006 65th Ave. No. ($4,500.00) RESOLUTION NO. E. To Herbst & Sons Construction Co. Inc., 2299 Co. Rd. H2, New Brighton, MN for the demolition of the following: 1. 6505 Brooklyn Boulevard ($5,000.00) 2. 6451 Brooklyn Boulevard ($6,000.00) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with each of the above listed contractors at their address of business in the name of the City of Brooklyn Center, for Improvement Project No. 1993 -18, Contract 1994 -Q, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby directed and authorized to return forthwith to all bidders the deposits made with their bids, except that the deposit of the selected bidder and the next preferable bidder shall be retained until a contract has been executed. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11/14/94 31 City of f Brooklyn Center Agenda Item Number /�iC Request For Council Consideration • Item Description: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. ,13131 AND 13132 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS Department Approval: Diane Spector, Director blic Services Manager's Review /Recommendation: .�. No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution awarding assessment stabilization grants. • Summary Explanation: (supporting documentation attached ) The attached resolution represents assessment stabilization grants for Levy Nos. 13131 and 13132. Additional grants are anticipated and will be forwarded for Council action. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13131 AND 13132 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 13131 and 13132 for the following improvements: KNOX /JAMES & 54TH AVENUES STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1994 -01 NORTHWEST AREA STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1994 -11 WHEREAS, Special Assessment Levy Nos. 13131 and 13132 were on September 12, 1994 approved by the City Council; and WHEREAS, the City Council has adopted an Assessment Stabilization Program to provide economic assistance to low income property owners in the form of grants to reduce or pay in full their special assessments for street improvement projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Certain property owners are eligible for a grant to pay the entire amount of their special assessment. Special Assessment Levy No. 13131 is hereby amended to delete the following assessment: PID # Amount 02- 118 -21 -44 -0050 $1,550 Special Assessment Levy No. 13132 is hereby amended to delete the following assessment: PID # Amount 28- 119 -21 -41 -0126 $1,550 RESOLUTION NO. Special Assessment Levy No. 13132 is hereby amended to reduce the following assessments as noted: Previous PID # Amount Reduced To 28- 119 -21 -43 -0011 $1,550 $1,110 28- 119 -21 -43 -0024 $1,550 $ 666 3. All costs associated with these grants shall be funded from Local State Aid Account #2900. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11/14/94 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: RESOLUTION AUTHORIZING DEVELOPMENT OF A COOPERATIVE AGREEMENT WITH MINNEAPOLIS REGARDING THE PROPOSED SHINGLE CREEK REGIONAL POND Department Approval: Diane Spector, Director of P"liq Service Manager's Review /Recommendation: / ✓'- J No comments to supplement this report Comments below /attached Recommended City Council Action: Approve a resolution authorizing staff to begin negotiations with the City of Minneapolis regarding further development of the Shingle Creek Regional Pond proposal. • Summary Explanation: (supporting documentation attached Yes ) The City Council on March 8, 1993 commissioned and March 14, 1994 received a report regarding storm drainage options for the Brookdale Area. The purpose of this preliminary study was to proactively address an issue which has great bearing on the ability of Brookdale Center or adjacent commercial properties to modify or expand their facilities. As the Council is aware, the Shingle Creek Watershed Commission Management Plan requires that any parcel within its jurisdiction which is greater than five acres in size on which the site plan is modified be subject to meeting Commission standards regarding storm water runoff storage and treatment. This study, which was prepared by the firm of Short Elliot Hendrickson (SEH) identified a number of options for treatment of Brookdale's storm water, as well as options for the greater commercial and residential area. While there are a number of best management practices (BMP's) which are utilized to treat and otherwise deal with storm water runoff, often cases detention ponds are the preferred solution, primarily because they are much less costly to construct and to maintain than other types of structures. Ponds are especially practical where development is initially occurring, because land can be set aside and development designed around the facility. Ponds are more difficult to implement in developed areas, as there may not be adequate property to construct a pond of optimum size. This is one of the primary reasons behind the philosophy of Brooklyn Center's Local Water Management Plan of encouraging regional ponds, rather than local ponds. Often times it is easier to find a larger site and transport the storm water to be treated to that site, rather than try to shoehorn a pond onto an existing developed site. • Based on preliminary review of the options identified by SEH, it appears that the regional pond option (known previously as the "Brookdale Pond" option, now renamed the "Shingle Creek Regional Pond ") seems to have the most support from the several groups involved. This option would provide the greatest regional benefit, significantly improve the quality of runoff flowing into Shingle Creek, and minimize the financial and operational impact on Brookdale Center. Request For Council Consideration Page 2 The proposed regional pond would be constructed via a cooperative project between the cities of Brooklyn • Center and Minneapolis. Accordingly, staff requests authorization to enter into negotiations with Minneapolis to develop a cooperative agreement which spells out in detail responsibilities for future steps: continued investigation of this preferred option, including preliminary design options and refined cost estimates; and, should the project go forward, responsibilities for final design and construction management. It is expected that costs would be shared by the two cities, Brooklyn Center's share being paid by some combination of Storm Drainage Utility and TIF funding, and that some portion of the cost would be assessed to benefitting property owners. The basis for and amount of assessments would be studied in the preliminary design phase, so all costs and cost sharing would be known prior to the public hearing and final decision to go ahead. Approving the development of an agreement does not commit the Council to this particular option, nor to any project. It simply provides a basis for the development of additional information which will be necessary to make a final decision. Option Details The following are the primary options identified in the SEH study; they are variations on the local and regional pond concepts. Details of these options are summarized in the attached table. 1) STORAGE AND TREATMENT ON BROOKDALE SITE. This option would construct first flush structures and a sedimentation/detention pond on Brookdale's site. This option is the most costly, both in terms of overall project cost, and in direct cost to Brookdale. This is due primarily to land costs - the construction of the pond would require about 1.5 acres and cause the loss of about 210 parking stalls in the east Dayton's parking lot. Land costs would depend on how that loss of parking was valued - simply as loss of land at parking lot value ($10- 13 /sf); replacement of parking by a . • parking structure ($25 /sf); or loss of land at retail value ($225- 300 /sf), reflecting the Center's reduced ability to expand because it could no longer meet parking requirements. Another project cost would be the relocation of a City -owned 27" sanitary sewer main which runs through Dayton's parking lot. Because the facility would only treat Brookdale runoff, the entire cost would be borne by the Center. 2) STORAGE AND TREATMENT OFF BROOKDALE SITE. This option would construct an initial treatment facility on site (a small pond or other diversionary structure), then pipe the water under T.H.100 to expanded ponds on Centerbrook Golf Course. There is the possibility that all storm water could be diverted to the Golf Course ponds for treatment; however, it is unknown if the Golf Course ponds have adequate capacity to provide for all phases of treatment. 3) REGIONAL POND SOUTH OF GOLF COURSE. The option which would provide the most benefit for the widest region appears to be a regional pond constructed in the degraded wetland area in the City of Minneapolis just south of the Golf Course. Under this scenario, storm water would have a first -flush treatment on the Brookdale site and be piped under T.H. 100 to expanded Golf Course ponds for a second round of treatment. Storm water from the commercial area to the west of Brookdale, and from the entire residential area west of Brooklyn Boulevard from about 71st to about 50th Avenues would be conveyed to the Golf Course ponds. Drainage from the ponds would then be conveyed to the regional pond for a final phase of treatment. The end result would be a very significant upgrade of the quality of water entering Shingle Creek. This option has been discussed at the concept level with a number of parties. This is the option preferred by the Shingle Creek Watershed Management Commission. The concept also has the backing of Minneapolis Engineering staff, the Minneapolis City Council, the Minneapolis Park Board, • and the residents not only of the effected Shingle Creek Neighborhood, but the downstream neighborhood groups as well. As the plan minimizes both the operational and financial impact on Brookdale Center, it is expected to be preferred by the Center owners and management. Any option which increases the size of the Golf Course ponds will have a positive impact on those operations, as the areas proposed for expansion are difficult to maintain. BROOKDALE SHOPPING CENTER OPTIONS FOR STORM DRAINAGE STORAGE AND TREATMENT OPTION COMMENTS ESTIMATED COST BROOKDALE'S SHARE Storage *Very high cost to Brookdale Construction $520,000 and *No regional drainage or treatment benefits Land $750,000- $1,600,000 100% Treatment *Entire cost borne by Brookdale Sewer Relocation $500,000 $1,770,000 - on *Major impact on Dayton's parking - lose about 210 = _ _ _ _ _ _ _ — = 2,260,000 Brookdale stalls TOTAL $1,770,000 - 2,620,000 Site •Requires relocation of 27" sanitary sewer main Storage *No regional drainage or treatment benefits OPTION A and *Entire cost borne by Brookdale Construction $910,000 100% Treatment *OPTION A: May require relocation of Brookdale Land 300,000- 400,000 $1,360,000 - Off ring road to accommodate initial treatment on site Misc Constr 150,000 1,460,000 Brookdale *OPTION B: All treatment would take place off -site Site (at Golf Course) TOTAL $1,360,000 - 1,460,000 OPTION B 100% Construction $1,000,000 $1,100,000 Land 100,000 TOTAL $1,100,000 Regional *Would drain and treat Brookdale, plus area west of Construction $2,000,000- 3,000,000 Pond Brooklyn Boulevard Land 100,000 South of *Would provide for wetland restoration and an = _ — _ _ _ _ _ _ = 20 %( ?) 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S � y,� v •M s' r '' ,���}+�> " .' � -- +''"'6'w. < ��� � " ♦r '+ � } rc� r ' ��,p� , ia.; ra`. � f -+' "? .tu. • fy Y -1 zit �UL',�•�q:11•I� i • ' r �aria -� Sam car'�T' °`I :•ww71(r innva �.w �� 7 ;J:[M15/7;Af.�at ua .,s.. ,�rs� q�� w S :(^A�.(.IwwGVlMiitw �� .y 2 �, � \r.A.V tq (i.4�. �,r D BIT ull co e. cn r �.. .ua:•c� ua � t � � 1 � „pct"` � �, r ��►5'IQ�� � ryes *rs� • \ ' � �� w:a: • �• a 9:1:.Y,:d, V.9717: � ',ILYtliarrla9i' �J� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING DEVELOPMENT OF A COOPERATIVE AGREEMENT WITH MINNEAPOLIS REGARDING THE PROPOSED SHINGLE CREEK REGIONAL POND WHEREAS, the City Council on March 8, 1993 commissioned and on March 14, 1994 received a report studying storm drainage options for the commercial area anchored by Brookdale Center, and the adjacent residential areas; and WHEREAS, among the options identified was the construction of a regional pond to serve the several subbasins of the Lower Shingle Creek Subwatershed, to be located in the City of Minneapolis and to be constructed by a joint effort between the cities of Brooklyn Center and Minneapolis; and WHEREAS, said regional pond concept is consistent with the city's adopted Local Water Management Plan, and has received support from the Shingle Creek Watershed Commission, the City of Minneapolis, and the neighborhood group representing the area in which the pond is proposed to be sited; and WHEREAS, it is appropriate to further develop this concept by preparing preliminary designs and refined cost estimates and cost sharing plans so as to provide a basis for further public debate; and WHEREAS, it is appropriate at this time to negotiate with the City of Minneapolis a mutually satisfactory cooperative agreement specifying all aspects of this proposed project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager is hereby directed and authorized to enter into negotiations with the City of Minneapolis for the preparation of a cooperative agreement regarding design development and possible construction of the Shingle Creek Regional Pond. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11/14/94 3 City of Brooklyn Center Agenda Item Number h Description: Item Descri P Request For Council Consideration • RESOLUTION ESTABLISHING PROJECT AND AUTHORIZING DEVELOPMENT OF AN RFP FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1995 -04, REPLACEMENT OF LIFT STATION NO. 1 AND FORCE MAIN Department Approval: Diane Spector, Director blic Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution establishing Improvement Project No. 1995 -04, Replacement of Lift Station No. • 1 and Force Main and authorizing development of an RFP for professional services. Summary Explanation: (supporting documentation attached No ) The Capital Improvement Program and the Sanitary Sewer Utility Fund Budget both comprehend the replacement of Lift Station No. 1 and associated force main, located in Garden City Park near Brooklyn Drive and 62nd Avenue (see map). This lift station was built in 1955 and pumps approximately 40% of the City's sanitary wastewater flow. The force main begins at the lift station and runs south about one -half mile through the park, under Vincent Avenue, and through the Four Courts apartment complex parking lot to a manhole in the median of County Road 10. As noted, the lift station and its pumps date from 1955, are no longer replaceable, and are difficult to repair. Some breaks have occurred over the years in the force main, which is constructed through peat in the area just south of the station, and in the Four Courts area. The estimated cost of this project is $1.2 million, funded by the Sanitary Sewer Utility Fund. It is likely that the project would be phased so the design would take place in 1995 and most construction would occur in 1996. It is expected that the cost of this project and the proposed relining of 7000 feet of CMP sanitary sewer upstream of the lift station to the freeway, and then from Freeway Park to 69th Avenue, estimated cost $1 million, would be financed by sanitary sewer fund backed revenue bonds. since that project is anticipated to be completed in 1995, these bonds would likely be sold in 1995. The sanitary sewer rate study has comprehended this financing technique. The RFP would request proposals for the following three phases of work: • 1) Gather data and identify options for design 2) Design 3) Construction Management //h Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT AND AUTHORIZING DEVELOPMENT OF AN RFP FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1995- 04 REPLACEMENT OF LIFT STATION NO. 1 AND FORCE MAIN WHEREAS, the Director of Public Services has informed the City Council that lift Station no. 1 and the force main exiting the station and running south to County Road 10 has reached the end of its useful life, and requires replacement; and WHEREAS, the City's Policy For the Procurement of Professional Services requires that no solicitation for professional services for contracts greater than $15,000 be commenced until the consent to do so has been obtained from the City Council; and WHEREAS, the City reasonably expects to expend monies from the Sanitary Sewer Utility 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1995 -04, Replacement of Lift Station No. 1 and Force Main is hereby established. 2. Staff is hereby authorized and directed to prepare an RFP for professional services relating to this project, and to submit said RFP to the council for its approval prior to solicitation of proposals. 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 of permitted by Treasury Regulation 1.105 -2, or any successor law, regulation, or ruling. Date Todd Paulson, Mayor ATTEST: Deputy 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. 13 E zz, _ ; _'• O i , l O Rt"n -N 4JS Y. y. S I!2- f �iD7C r c 69TH o. {: • A � y -at: N ► A.1' 4 -6° 3 N y ,` •304 ti, 't 1.. WATE � SA R TOWE R" u r. 6a1 - r C�It .� ,r C 1 ' � CEETARY ,y i a � < CITY — I MluNTENANCE 68TH AvE� T H r O BUILDING ` i y W 68TH la sr q 1� •' 'W. sce- CREEK i a c IT" • tp 3 3Mf a F W 1 t�J•, �� p.3{iq O ]li -q p•370 -10 ,p3ss 2 m as ri d `M.b cf C lcr• aTS Q.• Qr a is� oa2Ria� uu� TNU HER ti �t >� Oti i iCR -aTI� O�v e _ - --v, 71 FREEWAY _f I S RO. uK4 m ..ta ~ >0 62 so- PARK i _ i 7T ;-- L .� , I I 67TH ' aY 67TH AvE X , <x ai,a7, !!! R-�ol" ti OPEN SPACE � i t,Ct -t7 b _ M ! 1 I {�' + \� Q Av E' N. a-sa a ...r. 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FI 3f! fM -II t 311 ; J - }Ozi - a01 C.R•.I.EI.O. ` COWAO ORE .;..0 �.- _= � =�5'"T�a �- cA- rxt_.. -z. __ _ -. H AYE O N. 3 O � - � t,c.2.. �� �•q- alEa -ean.a ��'� . 1 _ Tie -aa oo x 18LCJ -COy01 - • AVE. N. p ° 3;: �,� FORCE MAIN Coaaa .� ORT,y 1 S 3o -c0jo{ ro yt 'S�au caws ! O 6 - • sotaol r5 •� of Af RitOR a � /L fi f f ? IMPROVEMENT PROJECT I i - "=aR�q NO. 1995 -04 -- � i _ �6 r, csaH REPLACE LIFT STATION # 1 ' - 1 ►t AND FORCE MAIN Q F�,� y; OP 0R1VE �RMf9✓ Sol a 1 s RR -zos 30 -464 - \'T1tM :l P 4 6 . t 1t • \VP \� .. y � f{1.2p p � 10 -333 0 p W 64Z r 2R -ifif � •�+1 �� l Py5 �10J661 LIF1 fTA 1� I AVE w 3 q03 /x 11C PAR WATER TOE. ZR yy 23- !'.' > ' i.j { > f d NO zri+a 1 *44 zz'41 zrl.? -o o Council Meeting Date 9/14/94 3- C lty of Brooklyn Center Agenda Item Number • Request For Council Consideration Item Description: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1994 -20, WATERMAIN REPAIR AT I -94 AND DUPONT AVENUE NORTH (CONTRACT 1994 -K) Department Approval: V� Diane Spector, Directo blic Ser ices Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • A resolution accepting work performed and authorizing final payment to CCS Contracting is attached for consideration. Summary Explanation: (supporting documentation attached ) Contract 1994 -K has been completed by CCS Contracting. The City Council accepted their bid per Resolution No. 94 -165 and a contract was subsequently executed. The actual final value of work, $45,070.00 is more than the original contract by $3,395.00 due to unknown underground conditions. All costs shall be charged to the Water Utility Fund. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1994 -20, WATERMAIN REPAIR AT 1 -94 AND DUPONT AVENUE NORTH (CONTRACT 1994 -K) WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, CCS Contracting has satisfactorily completed the following improvement in accordance with said contract: CONTRACT 1994 -K, WATERMAIN REPAIR AT 1 -94 AND DUPONT AVENUE NORTH, IMPROVEMENT PROJECT 1994 -20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work completed under said contract is accepted and approved according to the following schedule: Original Contract Final Amount Value of Work $41,675.00 $45,070.00 2. The actual value of work performed is $3,395.00 more than the original contract, due to unknown underground conditions. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $45,070.00. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 9/14/94 3[ - Cfty of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1994 -27, CONTRACT 1994 -N, ANNUAL SANITARY SEWER T.V. INSPECTIONS Department Approval: Diane Spector, Director q Public Services Manager's Review /Recommendation: 4 0 No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution accepting work performed and authorizing final payment to Visu -Sewer Clean & Seal, Inc. is attached for consideration. Summary Explanation: (supporting documentation attached ) Contract 1994 -N has been completed by Visu -Sewer Clean & Seal, Inc. The City Council accepted their bid per Resolution No. 94 -180 and a contract was subsequently executed. The actual final value of work, $6,648.26 is more than the original contract by $615.28 due to an underestimation of quantities. All costs shall be charged to the Public Utility Fund. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1994 -27, CONTRACT 1994 - N, ANNUAL SANITARY SEWER T.V. INSPECTIONS WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota,Visu -Sewer Clean & Seal, Inc. has satisfactorily completed the following improvement in accordance with said contract: IMPROVEMENT PROJECT NO. 1994 -27, CONTRACT 1994 -N, ANNUAL SANITARY SEWER T.V. INSPECTIONS NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work completed under said contract is accepted and approved according to P P PP g the following schedule: Original Contract Final Amount Value of Work $6,032.98 $6,648.26 2. The actual value of work performed is $615.28 more than the original contract, due to an underestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $6,648.26. Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11/14/94 3 City o f Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: RESOLUTION AMENDING IMPROVEMENT PROJECT NO. 1993 -19, CENTRAL GARAGE IMPROVEMENTS, TO REMEDIATE OIL TANK SOIL CONTAMINATION Department Approval: / AAW�� Jim Cyl oe; f ' c Services Coordinator Manager's Review/ eco endation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution to amend improvement project No. 1993 -19, to include the cost of contaminated soil remediation is Summary Explanation: (supporting documentation attached ) While removing a waste oil tank as a part of our current city garage addition, oil was discovered next to the buildings foundation. Further investigation found that a vent pipe on the inside of the block had not been connected properly during the original installation, causing oil to leak through the walls and out near the footings. No additional leaks were detected in the lines or tank. In accordance with state statutes, the Minnesota Pollution Control Agency was notified and quotes were solicited to correct the problem. The project will involve three phases; 1)excavate the soil, 2)investigate extent of contamination and 3)remediation of contaminated soils. Costs are estimated to be $40,000 including the cost of a new waste oil tank. Actual costs to the city will be less, as a portion of the costs will be eligible for reimbursement through special MPCA funds. It is estimated that the city's final cost will be approximately $22,000. As this contamination was not known at the time of project estimation, the above costs were not included in the initial project costs for the garage addition. It is requested that the council amend the project costs to accommodate these additional items.. e � lx Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING IMPROVEMENT PROJECT NO. 1993 -19, CENTRAL GARAGE IMPROVEMENTS TO REMEDIATE OIL TANK SOIL CONTAMINATION WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1993- 19, bids were received, opened, and tabulated by the City Clerk and Engineer; and WHEREAS, The Builders, Inc. of Golden Valley, Minnesota, were the lowest responsible bidder; and WHEREAS, additional costs for contaminated soil remediation and waste oil tank replacement not included in the original bid have been identified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: The estimated project costs for Project 93 -19, are amended as follows: Estimated Cost As Per Low Bid Contract $1,475,000 Professional Services Design $89,075 Geotechnical Services 4,867 Site Survey 2,460 Air Quality /Asbestos Abatement 18,450 Contaminated Soil Remediation 22,000 Total Est. Project Cost ( Original) $ 1 589,852 J ( g ) , Total Est. Project Cost (Amended) $ 1,611,852 Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11/14/94 3 City o f Brooklyn Center Agenda Item Number // L Request For Council Consideration Item Description: RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR IMPROVEMENT PROJECT NO. 1994- 01 & 02, CONTRACT 1994 -E, JAMES /KNOX 54TH AVENUES IMPROVEMENT Department Approval: Di a Spector, Dire6t6r�f Public Services Manager's Review /Recommendation: U No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution which approves Change Order No. 1 to Contract 1994 -E is attached for consideration. Summary Explanation: (supporting documentation attached ) On May 23, 1994, the City Council, by Resolution No. 94 -104, awarded Contract 1994 -E to Thomas & Sons Construction, Inc. During the course of construction, certain items required replacement, removal or new installation that was not known at the time of plan preparation and subsequently no unit prices were provided at the time of bidding. A copy of Change Order No. 1 is attached which itemizes these costs. • CITY OF BROOKLYN CENTER CONTRACT CHANGE ORDER CONTRACT 1994 -E CITY IMPROVEMENT PROJECT NO. 1994 -01 & 1994 -02 PROJECT: JAMES/KNOX /54TH AVE. IMPROVEMENT CONTRACTOR: THOMAS & SONS CONSTRUCTION, INC. CHANGE ORDER NO: 1 (ONE) DATE: October 31, 1994 EXPLANATION: The following items have been deducted from or added to the contract. Change Order items were unforseen at the time of plan preperation. Deduct Unit Item No. Item Unit Quantit Price Amount 11 Aggregate Base Class 5 C.Y. 1840 $2.00 ($3.680.00) (Approved recycled concrete) Add Subtotal Deduct ($3.680.00) Invoice No. Descri tion Amount 947901 Install mainline valve & hydrant valve $ 633.00 947905 Reinstall sanitary service -two services in place 429.77 947907 Purchase replacement curb boxes from Thomas & sons 1,620.83 947908 Reconfigure 54th & James storm sewer, utility conflicts 2,404.20 947909 Regrade James Ave. (53rd to 54th) calculation error 1,149.92 947911 Damage to contractor portable generator 383.24 947912 Rebuild 4 CB on 55th Ave. (not included in orig. contact) 3.526.67 Subtotal Add $10.147.63 Total Add Change Order No. 1 $6,467.63 Original Contract Amount $395,477.05 Net Change Order No. 1 ( +) 6.467.63 Revised Contract Amount $401,944.68 ACCEPTED BY: By Date Contractor RECOMMENDED BY: By Date Sr. Engineering Technician RECOMMENDED BY: By Date Director of Public Services APPROVED BY: By Date City Manager Approved by City Council on Date AL Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR IMPROVEMENT PROJECT NO. 1994 -01 & 02, CONTRACT 1994 -E, JAMES /KNOX /54TH AVENUES IMPROVEMENT WHEREAS, items of work that were unknown at the time of plan preparation were encountered during the course of construction on James, Knox and 54th Avenues. Unit prices were not provided for bid items and Change Order No. 1 has been prepared by the Director of Public Services for Contract 1994 -E; and WHEREAS, Thomas and Sons Construction, Inc. has agreed to the completion of the work described in the attached supplement for the cost of $6,467.63; and WHEREAS, it is the opinion of the City Council that execution of Change Order No. 1 is necessary for the proper completion of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 to Contract 1994 -E in the amount of $6,467.63 is hereby approved. 2. The City Manager is hereby authorized and directed to execute Change Order No. 1 on behalf of the City of Brooklyn Center. 3. All costs associated with this Change Order shall be charged to Contract 1994 -E (6401- 4560). Date Todd Paulson, Mayor ATTEST: Deputy 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. Council Meeting Date 11/14/94 3 City of Brooklyn Center Agenda Item number Request For Council Consideration Item Description: Licenses Department Approval: p jx Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve attached list of licenses. Summary Explanation: (supporting documentation attached No ) • CHRISTMAS TREE SALES LOT Builder's Square 3600 63rd Ave. N. City Clerk .A(- MECHANICAL SYSTEMS Anderson Heating and Air Conditioning 4347 Central Ave. NE Building Official ,)t. RENTAL DWELLINGS Renewal: Ralph T. Guimont 5903 Halifax Place N. Lenny Mazurek 4200 Lakebreeze Ave. N. Duane Christiansen 5400 Sailor Lane • �q ,{ ��� Henry R. Johnson 6736 Scott Ave. N. Director of Community i lk Development SIGN HANGER Attracta Sign 7420 W. Lake St. a. �&UAZ Building Official A-"