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HomeMy WebLinkAbout1993 10-25 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER OCTOBER 25, 1993 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Op en Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -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 4, 1993 - Special Work Session b. October 12, 1993 - Regular Session 8. Presentation: a. State Representative Phil Carruthers 9. Mayoral Appointments: a. Financial Commission b. Northwest Hennepin Human Services Council Advisory Commission c. Discussion of Reappointments for Advisory Commissions d. Communications Task Force 10. Public Hearing: (8 p.m.) a. Public Hearing Re: Proposed Park- and -Ride Facility West of Brooklyn Boulevard and North of 65th Avenue North 1. Resolution Approving Development of Park- and -Ride Facility for the Metropolitan Transit Commission b. Public Hearing to Consider the Application for a Currency Exchange License 1. Resolution Authorizing Issuance of a Currency Exchange License to Cash Etc. to Operate at 6818 Humboldt Avenue North, Brooklyn Center CITY COUNCIL AGENDA -2- October 25, 1993 c. With Respect to Refinancing for Facilities of Maranatha Conservative Baptist Home, Inc., and Center Park Senior Apartments, Inc. -This public hearing will be carried over to the November 8, 1993, City Council meeting. 11. Planning Commission Items: a. Planning Commission Application No. 93012, submitted by Ryan Olds. Request for site and building and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard. This application was recommended for approval by the Planning Commission at its October 14, 1993, meeting. b. Planning Commission Application No. 93013, submitted by CSM. Request for site and building plan approval to construct a 23,250 square foot one -story office building at 3200 County Road 10. This application was recommended for approval by the Planning Commission at its October 14, 1993, meeting. 12. Ordinance: (7:15 p.m.) a. Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 0 Lying between Willow Lane and Highway 252 -This ordinance was first read on September 27, 1993, published in the City's official newspaper on October 6, 1993, and is offered this evening for a public hearing and second reading. 13. Discussion Item: a. RFP for City Attorney 14. Resolutions: * a. Acknowledging Gift from the Lions Club of Brooklyn Center * b. Amending the 1993 General Fund Budget for the Purchase of Two Ergonomically Designed Chairs * c. Establishing Project and Accepting Proposal for Improvement Project No. 1993 -25, Storm Sewer Repairs at 69th Avenue North and James Avenue North, and Allocating Funds Therefor * d. Accepting Work Performed and Approving Final Payment Under Contract 1991 -I, Improvement Project No. 1990 -10, 69th Avenue North Soil Corrections, Phase I * e. Accepting Work Performed and Approving Final Payment Under Contract 1992 -B, Improvement Project No. 1990 -10, 69th Avenue North Reconstruction, Phase II CITY COUNCIL AGENDA -3- October 25, 1993 * f. Approving Revised Cost Estimates, Improvement Project No. 1990 -10, 69th Avenue Construction * g. Accepting Proposal to Conduct Topographic Survey of 73rd Avenue North, Proposed Improvement Project No. 1994 -07 * 15. Licenses 16. Adjournment CITY OF BROOKLYN CENTER Council Meeting Date October 25, 1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES - OCTOBER 4 1993 - SPECIAL WORK SESSION CITY COUNCIL MINUTES - OCTOBER 12, 1993 - REGULAR SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONEVIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION f 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 WORK SESSION OCTOBER 4,-1993 CITY HALL COUNCIL CHAMBERS CALL TQ ,QRDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Barb Kalligher, Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Public Works Coordinator Diane Spector, Director of Finance Charlie Hansen, and Council Secretary Debbie Wolfe. CAPITAL IMPROVEMENTS PROGRAM The City Manager reviewed the proposed 1994 Capital Improvements Program and stated the purpase of this capital improvements program is to have it considered at the same time the City Council considers the general fund budget so the Council can have an appreciation for the impacts and the relationships between the operating budgets and the capital budgets, He stated there is no action required by the Council at this meeting and introduced the Director of Finance to review the accounting statements for the Council. City of Brooklyn Center Adequate General Fund Balance Policy Formula As Established by the City Council on December 22, 1980 (As set forth in M &C No, 80 -31 and amended February 26, 1990) 1. Latest Audited Total Fund Balance At: December 31, 1992 $5,040 2. Less Items Not Readily Convertible to Cash: a. Uncollected Taxes $319,112 b, Accounts Receivable 74,079 e. Advances to Other Funds 195,E $498,265 10/4/93 _ 1 _ 3. Fund Balance Convertible to Cash $4,542,387 4. Less Amount Appropriated to the General Fund Current Year Budget: Year: 1993 *36,079 5. Amount Available Before Deduction for Working Capin $4 6. Less Amounts to be Reserved for Working Capital: (40 of Total General Fund Current Year Budget) 1993 40% of $10,619,492 $4,247,79 7. Amount Available After Deduction for Working Capital $258,511 8. Less Amounts to be Reserved for Other Purposes: a. Reserve for Delinquent Taxes (5% of Taxes Levied for General Fund in Current Year Budget) 1993 5% of: $4,950,325 $247,516 b. Reserve for Overestimation of Other Revenues: ( 1Q`% of General Fund Other Revenues in Current Year Budget) 1993 10 % of: $5,669,167 $566,917 $814,433 9. Amount Available per Formula for Other Use $- 555,922 0 *Appropriated b Ci Council When Adopting Budget y h' l? g 0 l; $ Plus $36,079 Reappropriated for 199Z Budget Carry Forwards The Director of Finance then presented statements showing Adequate General Fund Balance Policy Formula Amount Needed for Working Capital for 1991, 1992, and 1993 and a Summary for 1991, 1992, and 1993. The City starts out the year with a substantial amount of cash due to its fund balance. Payments go out for expenditures on a fairly even rate throughout the year, Revenues, however, come in large part from just two sources, property taxes and state aid. These are paid to the City in two equal payments, the first received in June /July and the second in December. As a result, the City pays out money for the first five months of the year, with little coming in, then receive revenues that bring its cash almost up to where it was on January 1, then pays out money again until December when the second half revenues restore the cash balance. This pattern creates two valleys in the cash flow, first in May, and then a second and usually deeper valley in Novcmber. In 1991, the November valley equalled 29 % the 1991 budget. In 1992, the November valley equalled 30% of budget. For 1993, the May valley equals 31% of this year's budget and we estimate the November valley will equal 33% of the budget. For 1994, the valleys are likely to be even deeper since our reliance on the property tax and state aids for revenues is increasing. 1 2- 0 Councilmember Kalligher asked whether the staff anticipated the valley would ever use up the 40% allowance for working capital in the fund balance formula. The City Manager responded probably not and the fund gap will be at approximately 31% this year. The Director of Finance stated if the City did not have a fund balance, the City would have to borrow money to pay its operating expenses until the property tax revenue came in. Councilmember Kalligher asked staffs opinion as to whether the City would be alright this year with the amount they have. The City Manager responded the City is well within the range deemed appropriate by the Auditors. Councilmember Rosene questioned whether the general fund balance can be considered a savings account. The City Manager responded it is not extra money and is needed to pay operating expenses for the City until the property tax revenue and state aid is received. Councilmember Rosene suggested the City seek legislative help in getting the state aid funding sooner. The Director of Finance replied the State of Minnesota solved one of its budget problems a few years ago by delaying payment to the cities until the second half of the year. The City Manager stated on January 1 of each year the City should have a fund balance available. The fund balance needs to have an amount that will cover the deepest valley that could happen, Mayor Paulson asked staff what type of return the City was receiving on their money. Staff responded currently the City is receiving between 53 and 5,8% and next year the average will be around 5.4 %. Mayor Paulson asked if that was received on all the City's revenues. The Director of Finance responded they try to keep the checking account balance as small as possible and transfer money to the checking account only when it is needed for disbursements. The City Manager reported the City has one disbursement fund {checking account). Money is transferred from various funds when payments by check are necessary. The City Manager stated Cliff Hoffman had suggested money be moved from the general fund to the ccnrrai garage service fund in the amount of 5750,000, however City Administration has decided not to do this due to the fact the cushion would be removed There is concern on the part of City staff if large amounts of money are seen to be remaining in funds by the State that State Aid may be decreased. Mayor Paulson asked if other funds could be set up to transfer some money into. The City Manager responded the safest place for money is spent. Councilmember Rosene asked how Phil and Bill feel about this. The City Manager replied the issue has been explained to them but he does not know for sure if they understand, Councilmember Scott stated there is a history of the State hitting those cities that are able to keep some money on hand, 10/4/93 -3- The Director of Public Works introduced Public Works Coordinator Diane Spector who gave a more detailed presentation of the 1994 Capital Improvements Program (CIP). 0 The Public Works Coordinator stated a capital improvement is defined as any major non- recurring expenditure or any expenditure for physical facilities of government, Typical expenditures are the cost of land acquisition or interest in land, construction of buildings or other structures; construction of roads, utilities, or parks; and acquisition of vehicles and data processing and other equipment. Aside from vehicles and equipment, capital improvements are typically funded from revenue sources other than the general fund. Maintenance of these improvements is primarily funded by the general fund. The CIP is directly linked to the goals and policies, land use and community facility sections of the Comprehensive Plan, since these sections indicate general policies of development, redevelopment, and the maintenance of the community. The primary objective of the CIP is to integrate the specific goals, policies, and recommendations contained in the City's plan with its capability to pay for and maintain capital improvements. The Public Works Coordinator reviewed the various sections of the CIP as follows: PUBLIC WORK 1. 51rcet Improvement and Maintena ce Programs The City's programs relating to streets under its jurisdiction include the fUllvwirig; - An annual high -level maintenance program which includes the sealcoating of alo City streets on an 8 -year (average) cycle. - The Municipal State Aid Street program, to which the State of Minnesota provides annual funding ($842,110 in 1993 to MSA Account #1496) to maintain and improve the 21.3 miles of collector strccts which are designated as MSA streets. Review and possible construction of traffic signal systems at intersections with growing traffic volumes. - Several landscaping projects to enhance the appearance of the City. - Rehabilitation and reconstruction of non -MSA streets upon receipt of petitions for such improvements. The established policy provides that one -third (1/3) of the costs for such improvements will be levied as special assessments, while two - thirds (2/3) of those costs will be paid by City funds. 1014/93 -4- 2. i Sidewai_ n'ra I Improv_ements The City has established and constructed a comprehensive sidewalk system which serves all major activity areas and corridors of pedestrian traffic. Only a few segments of this system remain to be completed. Funding for sidewalk and trail improvements is provided by two accounts within the Municipal State Aid Construction fund; a. MSA Local Account #2900 - the source of funds for this account consists only of investment interest earnings which have not been ap propriated ro riated to construction pr oj ects or other costs b. MSA Local Account #2911 - The source of funds for this account consists of surpluses from projects which have had more than 1007o of the project cost recovered due to duplicate charges to the regular MSA fund (Account #1496) and special assessments. Activities included in the CIP for future consideration include: - Construction of several trail segments, with emphasis given to segments 8m � p g g which connect major trail systems. - Some high priority sidewalk segments. - Consideration of the Twin Lake Trail system and trail head improvements is shown under Parks and Recreation. Councilmember Scott questioned the NSP Easement Trail, Knox to Dupont suggested improvement in the amount of $50,000. Staff responded this would include blacktopping and also landscaping, 3. yy _ater Uti Uty Proposed activities relating to tho public water supply / distnbution system include the following: A routine well inspection and maintenance program to assure the continued functioning of the e;asting wells. • Painting of the water towers. Installation of various O &M features to improve the operability of the system. 10/4/93 _5 _ Consideration of construction of two new supply facilities (one storage reservoir and one additional well) to assure the system's ability to provided neede capacity during peak demand periods and for fire protection, 0 Consideration of construction of a tie -in with Brooklyn Park's water system, to help meet demand during emergencies (e,g, a major fire, a disaster, the breakdown of one or more wells). Installation of various water distr system improvements to assure the system's ability to deliver needed capacities to all portions of the City during peak demand periods and for fire protection. Mayor Paulson questioned whether any water quality improvements were included in the GIP. The City Manager responded the Council a few years ago decided the cost of a treatment plant for the City was not worth the expense. The Director of Public Works added the cost of water to residents would more than double with a treatment facility and the City found that the residents are basically satisfied with the quality of their water, 4. Sanitary Sewer Utility Proposed activities relating to the sanitary sewer collection system include the following, - A routine sewer and lift station inspection and maintenance program. - Replacement of the existing lift station monitoring system, to improve its reliability. - Installation of new sewers as needed to serve new developments or redevelopment areas. - Replacement of several segments of sewer which have been identified as needing replacement by the television inspection program, - Replacement of one major lift station and associated force main, to insure its reliability. - Replacement of a trunk line sewer main originally constructed from corrugated metal pipe (C;MV). All costs for sanitary sewer system O &M and improvements are financed through sewer use charges, capital improvement bonds, connection charges, and lateral assessments, Sewer use charges and connection charges are adjusted annually based on a comprehensive rate study analysis which reviews operation, maintenance, 10/4/93 -6- 0 depreciation, and construction costs, as well as sewage treatment charges from the Metropolitan Waste Control Commission (which provides wastewater treatment for the entire Twin City metro area). 5. Storm Drainage Utilily Proposed activities relating to the storm drainage system include the following: - Operational activities include storm drainage system maintenance and a street sweeping program. - Management activities include participation in two Watershed Management Commissions. These activities include the development of a local storm water management plan as required by the Minnesota Surface Water Management Act, and the development of a public education program relating to surface water management, - Major improvements to be considered in the period 1994 -95 include construction of "Gateway" storm drainage pond and park in the southwest quadrant of the I- 94 and Brooklyn Boulevard interchange; and a joint project with the City of Minneapolis to construct a drainage pond to serve the Brookdale commercial area and some residential areas. - Storm drainage improvements proposed to be completed in conjunction with street improvement projects include the Northwest neighborhood (west of Brooklyn Boulevard and north of I -94); 57th Avenue from Logan to Lyndale; and 53rd Avenue west of Brooklyn Boulevard. All costs for storm drainage system O &M and improvements are financed through the storm drainage utility (SDTJ) user fee system which was adopted in 1991, capital improvement bonds and special assessments. SDU use charges will be adjusted annually based on a comprehcnsive rate study analysis which reviews all costs relating to the storm drainage system. PARKS AND RECREATION Park and Recreation facilities were comprehensively reviewed in 1993. While continuing the current level of operation and maintenance of the park and recreation system/program, the Capital Improvements Program anticipates the following expenditures: - Replacement of playground equipment in most of the City's neighborhood parks over the next three years. - Acquisition of new park land. 10/4/93 -7- Development of the Twin Lake/Preserve/Kylawn nature area and Twin Lakes Trail system, in cooperation with the cities of Crystal and Robbinsdale. 0 Comprehensive review of shelter building needs and repair or replacement of most shelter buildings over the next five years. Construction of a new park/open space area (currently referred to as "Gateway Park ") in the southwest quadrant of the 1-94/Brooklyn Boulevard interchange. This park is in conjunction with the storm drainage pond to be constructed in 1994. A major study of the Shingle Creek corridor, from the south City limits, through the golf course, Central Park, and Palmer Lake to the north City limits. The study would encompass recreational opportunities, water quality issues, and condition of existing facilities, - Consideration of major new facilities, including a hockey arena or a golf dome. These items would only be considered by referendum. Some items are proposed for funding from the Capital Improvements Fund. Other major capital improvements are proposed to be funded with general obligation bonds authorized b referendum a p p roval. Y pp A listing by park location was provided to the Council with the proposed improvements shown for each park. Mayor Paulson asked if improvements can be moved from one ye to the next. The City Manager responded yes these are rough estimates and will comc"� before the Council again for final approval, C;ouncilmember Kalligher asked if all improvements were made would the City conform to ADA Standards. The City Manager responded they would be showing an attempt to conform. Total conformation will be done over a ten -year period but this would be a good start. 2. Data PrQcessine Proposed major improvements include: - Upgrade the Local Area Network (LAN) in the Civic Center, and the remote access with the City Garage and Heritage Center. - Installation of Mobile Digital Terminals (MDTs) in Police and inspection vehicles. - Replacement of existing cash registers in the Liquor Stores, Parks and Recreation, Administration, and the Earle Brown Heritage Center. 14/4/93 - 8 - - Acquisition, replacement, or upgrade of major application, such as replacing the I11tiMap GIS with Arclnfo and AreView; adding AutoCAD; replacing the LOGIS financial investment module with a PC based package, and acquiring an imaging system. In the long term, installation of a mini - computer in the Civic Center to convert Brooklyn Center to a LOGIS distributed site. - Continued replacement of hardware and software as necessary. 3. Vehicles and Equipment The City policy for the replacement of vehicles and equipment establishes a projected reasonable life cycle for each item. Annually, the life cycles are reviewed and updated on the basis of experience or changed circumstances. New vehicles and equipment are proposed for addition to existing inventories and replacement schedules when new needs are clearly demonstrated. Additions of new vehicles and equipment are requested through the annual budget process. In 1994 the City will implement a Central Garage Internal Scrvicc Fund, which will own all vehicles and major equipment. The cost of owning (depreciation, license, insurance, overhead) and operating (preventative maintenance and repair) vehicles and equipment will be charged back to the departments using the equipment. Replacement of existing equipment would be funded from the Fund. The addition of equipment would be considered for funding from a variety of sources: The General Fund, enterprise funds, etc. The Public Works Coordinator added if vehicles are replaced with a similar vehicle it can be covered with Central Grarage fund money. Couneilmember Scott questioned if police cars could all be painted in the same design. The City Manager responded the reason for the different paint designs is due to the fact of the age of the vehicles. The City has now chosen a design that will be used on all future purchased cars. Ca MUNI DE� P _ENT 1, Co mmunitLIDgyplopment - Redevelopment of Brooklyn Boulevard is currently in its second phase of study. The first phase took a basic approach to identifying options for redevelopment. The second phase will identify specific themes, improvements, planning considerations, etc., to be used in guiding redevelopment. 10/4/93 -9. Community Development continues to work together with the Brookdale Shopping Center to provide support for redevelopment. Community Development and Engineering are working together with Brookdale to develop options for meeting storm drainage and water quality requirements which will he in effect if Brookdale undertakes any major remodeling and expansion. It is anticipated that the program of purchasing dilapidated single- family houses and apartment buildings will continue as funds are available. 2. Heritage Center Operations - Several minor remodeling projects are shown for consideration. These include both remodeling to meet the requirements of the Americans with Disabilities Act and other maintenance and repair. - Included for consideration is acquisition of additional land near the Heritage Center to serve as overflow parking and the eventual construction of the G barn. - Replacement or acquisition of several items of major equipment are included for consideration. Community Development activities are funded from a combination of TIF revenue, Community Development Block Grant (CDBG) funds, the EDA levy, and Heritage Center revenue. A category of "Other funds" is shown to indicate that funding has no4b been identified for some proposed activities. F ACILITIE5 AND EQUIPMENT 1. Qovernment Buildings Proposed major improvements to be considered over the next several years include: Interim remodeling to the upper level of City Hall to alleviate severe space needs, improve the Council Chambers, and begin to meet ADA accessibility requirements. The proposed project would also provide short-term overflow office space for the Policc Department and begin to address air quality needs. Major remodeling of the Central Garage to meet life safety, EEO, ADA, building and fire code, and space needs. An addition to the City Hall building with the emphasis on providing additional space for the Police Department and upgrading mechanical systems. 10/4/93 - 10 - An addition to the Community Center with the emphasis on providing space for senior activities. Construction of an additional storage building at the Central Garage to provide increased protection for the City's fleet of vehicles. Construction of additions to both of the City's fire stations to provide improved training facilities and increased vehicle storage space. Proposed funding for the improvements would come from several sources. In the short term, remodeling of upper City Hall and the Central Garage would be funded primarily from the Capital Improvements Fund. The water and sewer utilities would contribute to the cost of the Garage remodeling. Other improvements would be considered for funding from General Obligation bonds. It is expected that a referendum considering authorization of the sale of bonds would be placed on the ballot in late 1994 or early 1995, Councilmember Rosene questioned whether the City could levy $100,000 over five years to purchase a future radio system for the City. The City Manager responded no a bond can only be issued for principal and interest to pay existing debt. The City Manager reviewed briefly the bond issue proposal and stated given the major areas that would have to be addressed in the bond issue (including police department expansion, community center expansion- senior activities, fire stations remodeling, and park needs) it would not be feasible to do all the necessary preliminary work for a major bond issue to bring before Brooklyn Center voters prior to the spring of 1995. The City Manager provided some very preliminary cost estimates for addressing space needs, ADA issues, and our soft tissue injury problems; 1. If the Council is interested in developing a modern council chamber capable of effectively cablecasting meetings and eliminating the problems currently had in the council chambers, the cost of the remodeling would be in the area of $150,000. 2. The police department is in need of additional office space. There is also a similar need for the fire chief and his secretary. The current space available in the lower level of city hall cannot be remodeled and used any more efficiently than it is. Proposed for Council consideration is the lease of a temporary "classroom -type" building to be placed where the police cars currently park with a connection built into the investigators area on the lower level. The office space would then be connected to the city hall and relieve the overcrowding for the police department and the fire chiefs office. The cost of equipping the temporary building and setup and construction of the connection and the necessary internal remodeling within the department would 10/4/93 - 11 - cost approximately $$0,000. There would be an annual rental fee for the "temporary" building of approximately $15,000. is 3. To address the space shortages for the community development department and the upper level of city hall, suggested is a remodeling project which would cost $75,000 to $100,000 for construction. This remodeling would include the ADA required modification to the existing restroom facilities on the upper level, 4. At the community center there is a need for clerical and administrative space. It is incumbent to move work areas away from the public counter areas, as it is almost Impossible to work in this situation, It is anticipated that remodeling in the community center would expand either into the open "art display area" on the north side of the building or possibly eliminate the pottery and kiln room and turn it into office space. This remodeling would cost approximately $25,000. 5. The City Council previously stated concern that interim projects would cost significant dollars and the results of the interim project would not be able to be used in long -term solutions, In attempting to address this problem in addition to the construction remodeling estimates mentioned above, we are proposing to utilize the space on the upper level of city hall much better and address the soft tissue injury workers' compensation problem with the purchase of all new adjustable workstations and cubicles for most of the clerical and administrative personnel. These workstations would include all adjustable work surfaces and computer stations and screen panels. The cost of equipping most all of the workstations in the upper level and lower leve of city hall would he in the area of $2$0,000 to $300,000. The beauty of using these modular adjustable workstations is they can be moved and reutilized in any future building expansion or remodeling. The total cost of these improvements would be in the range of $600,000 to $700,000. If the Council chooses to go ahead with the council chamber remodeling, that would be a permanent remodeling and would not have to be redone at a future date. In addition the modular adjustable workstations could be moved and salvaged when a long -term improvement is made and their costs would not be wasted. More than half the cost of the proposed remodeling would not be wasted when a future long -term expansion is implemented, Because it will take at least three to four more years to implement any long- term solution, it would be necessary for Council to consider some type of interim action. It seems to be in the City's economic interest and in the interest in avoiding physical problems for City employees to move quickly on modifying the workstations and purchasing adjustable ones to eliminate the workers' comp risk, Councilmember Scott stated the current Council chambers looks more like a court room than a Council chamber. The City Manager responded originally the Council chambers was used by the Court. Councilmember Rosene suggested the Council decide soon where they' 10/4/93 - 12 - want to be located so some other issues can be resolved. Councilmember Rosene questioned whether the current Council chambers could be remodeled to use the height available in the room. The Public Works Director stated no due to the accessibility issue and circulation. Mayor Paulson asked if a bond issue would be more likely to pass on a special interest versu eneral interest. T he i S e C ity Manager suggested a consultant make a presentation to P the Cit Council Heil during an upcoming worksession, The City Manager stated such a consultant u ant would charg app roximately 5 000 - g PP $ , �7 000 which would include the Y � community survey. Mayor Paulson asked what was the action required by Council at this time and staff responded if Council wishes they can direct staff to develop a plan for the bond issue. Councilmember Kalligher asked staff to research how much Constitution Hall is used and what the impact would be if the Council chambers was moved to Constitution Hall. Councilmember Scott stated she is surprised more city employees have not complained about the space situation, She added she feels the current Council chambers is adequate and should not be remodeled now and then have the Council move to other chambers. Mayor Paulson stated the Council needs to find out what the citizens of Brooklyn Center . Yn r I are w to a for i g pay o n a bond issue. Councilmember Scott asked what the solution to the space shortage problem is for now. The City Manager stated the Council can pick and choose which areas they want to remodel and how they want to handle expansion, Councilmember Kalligher asked staff how many workers' comp cases are now pending. Staff responded 5 with 3 occurring in the past 12 months. Staff was directed to schedule Bill Morris, bond issue consultant, for the next Council worksession to discuss bond issu eprocess. Councilmember Scott announced the upcoming League of MN Cities meeting on October 21 199 Z• - y m. t the Par k Inn. 3, .3U a P Discussion of Development of a RFP Process for Attorney's Services The City Manager reviewed the Council had suggested going to a RFP for attorney services. Mayor Paulson asked staff if the Council could get a listing of the bills that have been received by the City for attorney services and a breakdown of the bills, 10/4/93 -13- Councilmember Kalligher asked if every City Attorney charged for their attendance at City Council Meetings, The City Manager responded it is generally included in the retainer fee. Councilmember Rosene questioned why the typical charges for different cities were different when provided by the same legal firm, The City Manager responded the fees depend on how much work is done by paralegal. Councilmember Kalligher stated she would like a RFP issued for attorney services. Mayor Paulson directed staff to prepare for Council approval at the next regular Council meeting the request for RFP for legal services, The City Manager stated he would be prepared at the meeting after next, ADJOURNMENT There was a motion by Councilmember Rosenc and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously, The Brook) Center City I g P Y Brooklyn Council adjourned at 10:15 p,rn, Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Y Debbie Wolfe TimoSavor Off Site Sccrctarial 11/4/93 - 14 = MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CI'T'Y OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 12, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL. CALL Mayor Todd Paulson and Councilmembers Celia Scott and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, City Attorney C harlic LeFevere, Public Works Coordinator Diane Spector, Director of Community Development Brad Hoffman, and Council Secretary Kathy Stratton. Councilmember Rosene was a late arrival and Councilmember Kalligher was excused from this evening's meeting. OPENING CEREMONIES Mr, Ulysses Boyd offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening, Ms. Peg Snesrud, 7849 Xerxes Court in Brooklyn Park, expressed her anger over an incident involving her son one week ago and invited the Council to participate in a solution to the problem of youth violence. She said her son had been assaulted in Brooklyn Center by a juvenile swinging a car jack, and though his physical wounds have nearly healed, he has been deeply affected emotionally, Ms. Snesrud gave several suggestions for taking a proactive approach to youth violence including multiple pranged involvement by State legislature, municipalities, school districts, juvenile court workers, and parents. She also stated Brooklyn Center and Brooklyn Park should work on "hot- spots" where more crime is occurring and develop a reputation as cities that are tough on juvenile crime, as well as empowering apartment manager coalitions to take responsibility for problem tenants, 10/12193 - 1 - Ms. Snesrud explained her efforts to organize a Forum meeting on November 10, 1993, to further address this issue with all involved and detailed her progress thus far with Brooklyn Park's City Council. Councilmember Scott thanked Ms. Snesrud for her comments and concern and agreed youth violence is becoming a great problem. She said it is parents who are noL taking responsibility for their children and not teaching them right and wrong at home. Mayor Paulson explained in Brooklyn Center a proactive approach to youth violence is being taken. He said there had been two town meetings regarding youth within the last year that had been a great success. He stressed the meetings produced awareness of the need for youth activities not just punishment and said coincidentally there is already a meeting scheduled for November 10th regarding the same subject. Police Captain Joel Downer responded he knew of the incident involving Ms. Snesrud's son and had spoken to Chief Hampton regarding the November 10 meeting. He explained Chicf Hampton's comments that Brooklyn Center has always participated with Brooklyn Park in issues like this, but he would like to review the purpose of the proposed forum and determine if it is redundant considering already scheduled efforts made by Brooklyn Center. He explained Chief Hampton's desire to meet with Ms. Snesrud to coordinate efforts between her and both municipalities, C,QUNCIL REP RTS No Council reports were given APPROVAL OF AGENDA AND CQ �+ Mayor Paulson inqu:rcd if any Councilmember requested any iteins be removed from the consent agenda, Therc was no such request. APP ROVAL OF MINUTES SEPTEMB 20, 1993 - SPECIAL SESSION- There was a motion by Councilmember Scott and seconded by Councilmcmber Mann to approve the minutes of September 20, 1993, special session as printed. The motion passed unanimously. SEPTEMBER 27, 1993 - REGULAR SESSION There was a 1'C'lotign by Co Scott dnd seconded by Councilmember Mann to approve the minutes of September 27, 1993, regular session as printed. The motion passed unanimously, 10/12/93 - 2 - Ra CLAMATIONS There was a motion by Councilmember Scott and seconded by Councilmcmbcr Mann to Declare the Welk of October 18 through 21, 1993, to be Manufacturer's Week in Brooklyn Center, The motion passed unanimously. There was a motion by Councilmember Mann and seconded by Councilmember Scott to Declare the Week of October 25 through 29, 1993, to be Toastmaster's Week in Brooklyn Center. The motion passed unanimously. RESOLUTIONS RESOLUTION NO 9� -1 Fi5 M e mber Celia Scott introduced the following resolution and moved its adoption; RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROBERT HOLMES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RE5Qj. 'IQN LQ. 91 Member Gelid Scutt introduced the following resolution and muvcd its adoption; RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM NOVEMBER 8 THROUGH NOVEMBER 13, 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Msten Mann, and the motion passed unanimously. RESOLUTION NO. 93 -167 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -H, IMPROVEMENT PROJECT NO. 1993-17, ANTI - SLIP FLUOR TREATMENT IN POOL DECK AND IN LQCKER ROOM$ IN BROOKLYN CENTER COMMUNITY CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUIQN NO, 93-168 Member Celia Scott intruducec3 the fallowing resolution and moved its adoption: 1 / 12/93 -3 - RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 14/12/93) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. FINAL_ PLAT APPROVAI✓ There was a motion by Councilmernber Scott and seconded by Councilmember Mann for Final Plat Approval of the Brookdale Crossing 3rd Addition. The motion passed unanimously. CONSIDERATION OF SPECIF IED LICENSE RESOLUTION NO. 93 -169 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON -SALF- INTOXICATING LIQUOR LICENSE TO CHI -CHI'S MIDWEST, INC., D BA CHI -CHI'S MEXICAN RESTAURANTS. The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RE LU N Na 93- 7 1vMembur Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN OFF-SALE NON- INTOXICATING MALT LIQUOR LICENSE TO BIRCH BRU, INC., IBA SUPERAMERICA, STORE NUMBER 4058, LOCATED AT 190157TH AVENUE NORTH WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. F,FSOI,UTION N 93- 1 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO BIRCH BRU, INC., DBA SUPERAMERICA, STORE NUMBER 4160, LOCATED AT 6545 WEST RIVER ROAD WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 10/12/93 - 4 - IJC ENSE S There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses: H ISTMAS T EE T PQT Company 5616 101st Ave. N. Weber's Greenhouse 5040 Brooklyn Blvd. Ave. Jerry's NewNlarket 5$01 Xerxes A e . N. QQMh ERQAL FENNEL Brooklyn Pct Hospital 4902 France Ave. N. GAREAGE AND REFUSE CTIt7N VEHI Borg Securing, Inc. 16463 Round Lake Blvd. Waste Control 95 West Ivy. Ave. MECHANIQAL SYSTMMS Newmech CA- )mpanics, Inc. 1633 Eustis Street Sheetmctal Plus, Inc. 107 Division Street R N'I'A . DWELL NGS Initial; Pamela Sipe 5331 Logan Ave. N. Renewal: Ralph C. Johnson 5444 Bryant Ave. N. Brooklyn Center Church of Christ 6219 Dupont Ave. N. Stephen and Karen Cook 5306 Russell Ave. N. Swanson Investments 7240 West River Road Norton Rockier 1329 63rd Lane N. Virginia Dennis 5329 72nd Circle N. The motion passed unanimously. MAY+DRA A EP LTNTM NT d over the applications far Financial Commission and Mayor Paulson explained he had looke had chosen to appoint Mr. Lawrence Peterson. I Ie then stated his choice for the Northwest Hennepin Human Services Council Advisory Commission to be Beverly Lawrence and asked the Council for its consent regarding bath of these. The Council reviewed the procedure of mayoral appointments requiring a unanimous vote, and because of attendance decided to table discussion and voting on the appointments until the next meeting. There was a motion made by Councilmember Scott and seconded by Councilmember Mann to table approval of mayoral appointments for the Financial Commission and the Northwest 10/12/93 " 5 Hennepin Human Services Council Advisory Commission until the next Council meeting when a majority vote is all that is required to approve the appointments. The motion passed unanimously. PUBLIC HEARING Mayor Paulsen opened the meeting for the purpose of a public hearing on Refinancing for Facilities of Maranatha Conservative Baptist Home, Inc., and Center Park Senior Apartments, Inc. at 7:35 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Mann to close the public hearing at 7:35 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Mann to table this item to the October 25, 1993, regular Council meeting. The motion passed unanimously. ORDINANCES The City Manager introduced an Interim Emergency Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252. He stated this ordinance was first read on September 27, 1993, published in the City's official newspaper on October 6 0 2993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on this Interim Emergency Ordinance at 7:38 p.m. He inquired if there was anyone present who wished to address the C.Otincil. No one appeared. There was u motion by Councilmember Scott and seconded by Councilmember Mann to close the public hearing at 7:38 p.m. The motion passed unanimously. FtD NAN N - 1 Member Celia Scott introduced the following ordinance and moved its adoption: AN INTERIM EMERGENCY ORDINANCE FOR T PURPOSE OF PROTEC17ING THE PLANNING PROCESS AND THE HEAL RESIDENTS OF THE CITY, AND R EGULATING ppELSTRICTING DEVELOPMENT ON ALL LAND SOUTH O 66H A 25NUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY The motion for the adoption of the foregoing ordinance was duly seconded by member Kristen Mann, and the motion passed unanimously. 10/12193 - 6 - The City Attorney explained the necessity of an addition to the companion resolution which had a blank in it where there should be a date with the above ordinance. He recommended readoption of the moratorium Resolution No. 93 -156 to include the date January 25, 1994, RESOLUTION NO, 93 -172 Member ilia Scott introduced the following resolution and moved its adoption: RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF 1 -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and the motion passed unanimously. DISCUSSION ITEMS The City Manager introduccd the C,'tizcn Appeal of Administrativc Traffic Committee Determination Regarding the Clear View Triangle. He explained since the time of the Clear View Triangle Ordinance the City has required measures be taken to remove obstructions in twelve instances. He said there are two property owners who have appealed the City's requirements to remove obstructions and cited the two addresses involved in these appeals. He explained the property at 5603 James is owned by Mr. Ken Campbell and showed an overhead with photos of the obstruction that had received complaints. Mr. Campbell explained to the Council he thought the complaint must have been due to lilac bushes on the properties across the street from him rather than the spruce tree on his property which he said is not wide enough to obstruct a vehicle. He explained he had heard the comment from staff that it would be a good time to transplant the tree. Mr. Campbell said that would be a proactive approach which would not be in line with the ordinance's intent to respond to obstructions only when citizens complain rather than going out looking for obstructions. He also explained removing the tree is not in keeping with his landscaping plans, and he did not see the tree as a public safety hazard. Councilmember Scott asked if the owner of the lilac bushes had been contacted. The Public Works Coordinator explained the property owners with the lilac bushes on their property were being cited in violation of the ordinance, Councilmember Scott said she would hate to see the tree taken down and wondered if the owner could trim the lower portion of it. Mr. Campbell said he would certainly trim the tree which would probably satisfy the complainant. IS Councilmember Mann concurred the tree was not the problem at that intersection and said trimming the bottom 18 to 24 inches of the tree was a good solution, - 10/12/93 -7- The Director of Public Works explained 1$ to 24 inches would probably not be enough since branches droop and snow weighs them down even more, but said trimming the tree 4 to 5 feet would eliminate the sight distance obstruction. There was a motion by Councilmember Scott and seconded by Councilmember Mann that the appeal be mitigated if the property owner trims the tree at least 24 inches up from the bottom and does so within two weeks from this meeting. In addition, the property owner needs to recognize, as the tree grows, it will become a problem, The motion passed unanimously, The Public Works Coordinator next showed photographs of the property at 5120 E. Twin Lake Boulevard owned by Daniel and Maureen Middlestedt. Mr. Middlestedt explained to the Council the picture was not current because some trimming had taken place since it was taken. He continued because of a rise in the land beneath his juniper shrubs trimming them to the level he had been asked to trim would destroy them. He said he had bought his property based partially on the landscaping value, and would file a just compensation claim if he had to remove the juniper. He also felt one of the people complaining had already been satisfied by the trimming and the other may be the type that just likes to complain and has ulterior motives. He said having to remove his juniper based can this type of complaint seemed unfair. Councilmember Mann explained she drove the intersection in a pick -up and there was n visual obstruction, however in a passenger car she could not see clearly. Mr. Middlestedt added there is currently a brush pile that needs to be removed which might add to the obstruction. He said he was waiting to remove it until he found out the action by the City Council. Councilmember Scott said she drove by the property in a van and saw no blockage to vision, but in a regular car she said it definitely seemed like a safety hazard. j Councilmember Mann suggested the City allow further trimming and then re- evaluate the situation. There was a motion by Councilmember Scott and seconded by Councilmember Mann to allow the Middlestedts two weeks to try to alleviate the hazard with trimming and removing the brush pile, and the Middlestedts should stand warned the situation will be monitored and there may be a need for removal in the future. The motion passed unanimously. ST A S R .P07 N VgQpOSED 1994 S RE T IMPROVEMENTS The City Manager reported the progress on the six improvement project areas for 1994, detailing which step of the ten step process has been reached for each project area and reviewing the contents of the d far the Council. h information ion rove e e nfo p 10/12193 ' $ The Director of Public Works explained his recommendation for passage of 3 resolutions and 2 motions regarding these projects and explained his reasons for these recommendations. In response to Councilmember Scott's question, the Director of Public Works explained Brooklyn Park is willing to participate in the cost of the topographic survey. Councilmember Mann asked if Brooklyn Park's residents are aware of the considered improvements. The Director of Public Works explained no informational meetings have been held as of yet by Brooklyn Park as their staff is waiting until a topographic survey is being conductcd and get some preliminary facts before presenting it to their citizens. He stated if the resolution is passed tonight, then Brooklyn Park's staff will send out the notification letter tomorrow. Mayor Paulson expressed his concern that the Humboldt Avenue and 73rd Avenue studies not be conducted separately but because of their impact on one another they should be studied together, especially if closure of Humboldt Avenue is an option that is being considered. The Director of Public Works explained the plans were to conduct them as separate projects, and he finds closure hard to accept as a viable alternative. He said closure would simply dump the traffic problem somewhere else. The City Manager stated he didn't think the City ever committed to closure as an option. Mayor Paulson said he only used the possibility of closure as an example of why the two improvement projects should go hand in hand. The City Manager said taking the recommended action for this evening would put the two projects on a parallel course without adversely affecting one another. Councilmember Rosene made the request of staff not to rule out any options yet and inquired what type of resident opposition might be found along 73rd Avenue. The Director of Public Works explained the most common resident problems are traffic volume is too high and that too much of the front yards will be lost. Councilmember Rosene said he has heard complaints about cables being dug up and not covered over for months, and wants to assure residents in the area their complaints will be heard and addressed. Councilmember Mann asked if any residents of 73rd Avenue were in the audience who 0 wanted to speak. 10/12/93 -9 - Kay Staffer of 1113 73rd Avenue North said she had talked to a lot of people, many whom could not attend a meeting, who were very sad about any changes to their road. said they are against having it torn up again, and some would even mo out if more ro construction is to take place. She said it is a beautiful street and should be kept that way, with the possible addition of more stop signs, Councilmember Mann responded by saying what are being discussed tonight are just studies, and the improvements are not a done deal to be rammed down the residents' throats. Tom Nystrom, 807 73rd Avenue North, said he built ten years ago and cannot believe the change since then in the amount of traffic, He said be is very afraid for his two sons and pleaded with the Council to do something about it. Leland Staffer, also of 1113 73rd Avenue North commented a vote should be taken among public before any improvements are made, or it's not fair to the residents. He said he doesn't like when the City goes over the heads of the taxpayers and makes decisions the residents don't want made. He also exprossed anger over the volume of the sound system at City Council meetings as he said he could not hear what is being said at the Council table. The Director of Public Works explained the current procedure for making decisions over street Improvements had been designed to include citizen participation at several points in the process. Councilmember Rosene commented in several instances it seems our City is being asked' bear the burden of commuter traffic from outlying areas using our streets, _RESOLUTION NO 93 -173 member Celia Scott introduced the fulIowing resulutiun and moved it.; adoption: RESOLUTION AUTHORIZING DEVELOPMENT OF FEASIBILITY STUDY FOR 73RD AVENUE NORTH IMPROVEMENTS Mayor Paulson asked that a #6 be added to this resolution to read as follows: The feasibility study of 73rd Avenue North will be done simultaneously and in conjunction with the feasibility study for Humboldt Avcnuc North, The motion for the adoption of the foregoing resolution, as amended by Mayor Paulson's request, was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO, 93 -174 Member Celia Scott introduccd the fvllowhig resolution and moved its adoption: RESOLUTION AUTHORIZING SOLICITATION OF PROPOSALS TO CONDUCT A. TOPOGRAPHIC SURVEY OF 73RD AVENUE NORTH 10/12/93 10- The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, RESOLUTION NO, 93-115 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALTO PROVIDE GEOTECHNICAL SERVICES RELATING TO THE PROPOSED 1994 STREET IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Mann to postpone the candidate project on 57th Avenue North from 1994 to 1995. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to postpone indefinitely the Willow Lane project. The motion passed unanimously. There was a brief recess at 9 p.m. to change the videotape, and the City Council reconvened at 9:10 p.m. STATUS REPORT RE: RATES AND POLICIES FOR PUBLIC UTILITIES The City Manager explained the City Council annually reviews water, sanitary sewer, and storm drainage utility rates to ensure the utilities' financial goals are met, He said there are rate increases proposed and explained why they are necessary. The Public Works Coordinator further explained the proposed rate increases and explained specifically how they would go into effcct. She detailed the reasons for rate increases because of decreasing interest subsidy, the need to finance capital improvements, a wet year resulting in decreased water revenue, and unavoidable increases in operating costs. Councilmember Rosene asked the City Attorney if the question of raising rates could be put to a public vote. Because Councilmember Mann asked what would happen if the rates were not raised, the Public Works Coordinator explained the City is under legal obligation not to lose money, so either rates must be raised or expenditures must be cut. Mayor Paulson said he had voted against the raises last year and if he voted for them this year it would be only with regret, but with awareness of the necessity. Councilmember Rosene said he had no great enthusiasm in voting for them either. 10/12/93 11 - Councilmember Mann asked if there are other ways the expenditures could be cut . a* whether Brooklyn Center's rates are high or low in comparison with other cities. The Public Works Coordinator explained ways that money savings are currently being found and said Brooklyn Center's water rates are the 3rd or 4th lOWest in the metro area, and the sewer rates are right in the middle range. RES(3L1JTInN Nd 93 -176 Member Celia Scutt introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member .Dave Rosene, and the motion passed. Mayor Paulson voted nay. RESO UTION NO 93 -177 Mombor Dave Roseite introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Mayor Paulson voted nay, RESDL ITION ND 93 -178 Member C'.elia -& - Vt introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed Mayor Paulson voted nay. RESt�LUTION NO, 93 - 179 Mombcr Dave Roseno in ,r t vcluQrd the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER AND SANITARY SEWER HOOKUP RATES FOR CALENDAR YEAR 1994 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, The City Manager said there have been no rate hikes k s in h e te r ecycling cy ng program since it began and explained if the City Council goes too long without raising the rates there is a need for greater hikes all at once resulting in greater opposition to them. Councilmember Rosene said he was eagerly awaiting the addition of mixed paper recycling I0/12 /93 -12- RESOLUTION NO, 93 -1 Member Lave Rosene introduced the fallowing resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 89 -121 REGARDING RATES FOR RECYCLING SERVICES FOR THE CITY OF BROOKLYN CENTER'S CURBSIDE RECYCLING PROGRAM. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURN ENT There was a motion by Councilmernber Scott and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :35 p.m. Deputy City Clerk Todd Paulson, Mayor 0 Recorded and transcribed by: Katliy Stratton TimeSaver Off Site Secretarial 10!12/93 -13 - CITY OF BROOKLYN CENTER Council Meeting Date 10/25/93 Agenda Item Number S ' w REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: PRESENTATION BY STATE REPRESENTATIVE PHIL CARRUT ERS DEPT. APPROVAL-- Gerald G. Splinter, City Manager Z MANAGER'S REVIEW/RECOMM ENDATION: No comments to supplement this report Comments below /attached SUAMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION CITY OF BROOKLYN CENTER council Meting Date I 0ru/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS a. Financial Commission b. Northwest Hennepin Human Services Council Advisory Commission DEPT. APPROVAL: Gerald G. Splinter, 'ty Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUM MLARY EXPLANATION: (supplemental sheets attached • � PP ) At its October 12, 1993, meeting, the City Council discussed the appointments to the Financial Commission and Northwest Hennepin Human Services Council Advisory Commission. This item was tabled to the October 25, 1993, City Council meeting for lack of a unanimous vote by the City Council on the Mayor's recommendations. This evening, by majority vote, the City Council may approve the appointments recommended by the Mayor. RECOMMENDED CITY COUNCIL ACTION Appoint one person to the Financial Commission to fill the unexpired term of Pat Boran which shall expire on December 31, 1995. Appoint one person to the Northwest Hennepin Human Services Council Advisory Commission to fill the unexpired term of Jerry Eiserman which shall expire on December 31, 1994. • CITY OF BROOKLYN CENTER Council Meeting Date 10/12193 Agenda Item Number ,: T,6 REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECONMfNDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) Notice of vacancy on the Financial Commission and Northwest Hennepin Human Services Council 0 Advisory Commission was announced in the BrooklXn Center Sun -Post on September 1, 1993, and in the Northwest News on September 13, 1993, and posted at City Hall and Community Center from August 19, 1993, to September 24, 1993 (see attached). The notice also aired on Cable Channel 37 from August 19, 1993, to September 24, 1993. As requested by Mayor Paulson, those persons who had previously applied for an advisory commission were notified of the openings on the Financial Commission and the Northwest Hennepin Human Service Council Advisory Commission (see attached letter dated August 20, 1993). Two of the previous applicants called to request their applications be considered for the Financial Commission, and one requested to complete a new application for the Financial Commission. On October 1, 1993, you received copies of the applications for appointment to the Financial Commission and the Northwest Hennepin Human Services Council Advisory Commission from the following persons: FINANCIAL COMMISSION APPLICANT NEIGHBORHOOD Jack Kelly, 6129 Scott Avenue North West Central Lawrence Peterson, 5830 June Avenue North West Central Mark Yelich, 6018 Beard Avenue North Central NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION APPLICANT NEIGHBORHOOD Myrna Kragness, 3401 63rd Avenue North West Central Beverly Lawrence, 3300 Poe Road Central Vincent Opat, 6012 York Avenue North Central Beverly Wolfe, 1707 Amy Lane Northeast According to the resolution defining duties and responsibilities of the Commissions: "the Mayor shall present at a regular City Council meeting the nominee for Financial Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee." According to the bylaws of the Northwest Hennepin Human Services Council Advisory Commission, the City Council of each municipality shall appoint a member to serve on the advisory commission. Also attached for your convenience is a map indicating geographical location of current members and applicants of the Financial Commission and Northwest Hennepin Human Services Council Advisory Commission. RECOMMENDED CITY COUNCIL ACTION Appoint one person to the Financial Commission to fill the unexpired term of Pat Boran which shall expire on December 31, 1995. Appoint one person to the Northwest Hennepin Human Services Council Advisory Commission to fill the unexpired term of Jerry Eiserman which shall expire on December 31, 1994. . �rooKlyn Cen Gun - P 5 t Wed ._ S�f`4-, ( ) . 1915 CITY BRIEFS City hopes plan Will finally . :. .. - . birect _:. euy . op noise at Hera From Mcnufa _ :,$... TM cturer rte: �'� _ ,.:_ _ I 23, according An ongoing noise problem with an air conditioner at the HOMES THAT �-a�- Heritage Center in Brooklyn Center shouldbesolved with a plan approved by the Economic Developments uthori y TEDA1,Aug. sou NEED WIND:OINS to the city. } Brad Hoffman, the city's director ecommend of community development, MPLS,_MN,- Homeowners in S A id no t control consultant has red cha tilation mentfor the "chiller' nges�nven ;, this area Will fie`given the 1 }, p �� a wwluch wile reduce thenoise - Y nity of- replacing their What d come as ooc fine _e s g .news to resicin�s of Earle Brown = $' �wndows wrftt ever ' ffi _Commgns apartment�complex The residents firs��coniplamed- Since th has'taken dent Vin nd ow ` fabout noise m 1991. en,'_the`ity various „W Vinyl Window S can %6% Measures to `solve the problem. -' e we're be purchased at a very low a GAS: YOUR eEs "We're pretty sure this will do it Hoffman said. , I hop ENERGYvaLuE through with it. I'm sure it's bothersome to people there (apart COSt INCLUDING INSTALLA _ ment complex), and it's bothersome to nib." TION. These windows have MENNTES .The chiller is an air conditioner for several bu U Captured the- Interest -of _ dwgs at the HEATING &AIRCON Heritage Center. Electrical motors needed to run the unitcreate homeowners throughout the • W« the noise. - United States who are fed up ' ®� The Minnesota Pollution Control Agency {MPCA) directed the with -high maintena nce EDA to correct the problem in 1991. Because of the original cost Costs They provide superior estimate to - do so — $45,000 — the city decided to :solve the pro- Insulation, winter and sum -- ' blem in stages to cut the expense. mer, plus they carry a limited The first phase included building a wall around the unit. Later, lifetime, guarantee. There is a a complete enclosure was erected around the chiller. :• choice of colors, including Those steps reduced the noise, Hoffman said, but noise was still wood groin. Please 546 _escaping through the slatted vents, which are needed.for %proper 81601 `and an appointment \, j ventilation. Without the circulating air, the chiller could blow up, will be arranged to See yOUr said: : _ home with out any o % 1 CA officials contacted the city again about the problem. In whatsoever. ` Easy terms, A response, the city hired the noise consultant who recommended immediate financing. Low - that the current slatted vents be replaced with sound - dampening monthly payments. L louvers.:. : :. = The cost will be about sio,000, which will bring the total ex t pense of solving the noise problem to about $32,000, Hoffman said. 24 hour answering service - 'Improving Homes Since 1930" Position open on commission TWIN CITY STORM SASH The city is accepting applications for a position available on the 10825 Greenbrier Road •. Minnetonka Brooklyn Center Financial Commission 'Come Visit Our Factory Showroom' The general purpose of the commission is to advise the City Council on financial issues. Members meet; the first Monday of each month. _. z Residents can obtain applications at Brooklyn Center City f call; -6301 Shingle Creek Parkway. Or, they can call Deputy Ci ty .Clerk �� Sharon Knutson at 569- 3300: = The deadline,to apply:is Sept 24 = INVEST IN PEOp[.E m ` The appointment will be made by the mayor and,Cit' Cou ORE ncil: I T NEVER MEANT M , - - _ �.. _:,.. y Park- and -ride topic of meeting !•: is iii•: is �: A. park-and-ride facility proposed for 65th Avenue North and Brooklyn Boulevard will be the topic of a' public informational'` 4 .meeting at 7:p.m., Sept. 9, at Garden C1ty,Schoo1.3501'65th Ave.: Wrooklyn Center: _ s e agenda will'include a review_ of possible alternative sites,' c impact and safety concerns „and alternate des f r ...: _o ,the ............ 65th Avenue-Brooklyn ., yn Boulevard location. ' <:f The park-and-ride is be' Proposed b` the > €Yi: ;.._ -:..: =` == . p posed y e Metropolitafr Tian- sit Commission. The facile would include ::.:::.... r facility a_parking lot where motorists could park their cars and then ride the bus. ..:..:: t 4 _ cd put C i 1 7rY 1 i� NoxTxWFST N>:vvs s j Septembe I3, ,1993 ides 6 Brookly� ` •" �, - 9PM Application Deadline: September .24 We food wilrn -for k p since 1972. . rRob insdale; and e . � �I/d�1' Oflly `BROOHLYN CENTS .. �- FINANCIAL CONIIVIISSiON. The gpal of the ,Co`uncil are to im - ice is hereby given that a �Provoacces Ndt s to human services for vacancy exists on the Brooklyn Cen area }resider raise awareness of • jGI! ages) . . human -sehde needs, and -and - ter Financial Commission the gen eral purpose of the commission is to Hate ar�d asstinplanniiSgforneeded . �° RegularAdmisslon prices = human services it the community. . act" in an adviso ca aci to : the _ Wmouta�food,ftem: cii ry P The Adviso : Com 6 mission is com Cily Cun on issues related to , rY finance. The Financial Commission To of citizen representatives ap- yoNr MCI meets on the first Monday of each Pointed foEVV!aYear terms by their •'o a/'IL' respective Co W. Interested- persons can ob P #ire City Council. =�Ss anAdvi- tea in azx application at Bro oiclyri`Cen so?3'ioner, representatives ter; City ,Hall, - 6301 Creek are 'askedo attend 'one Advisory _ NOTE: Children�must.be at least 52' Parkway," Brooklyn`- Center, .or call CommissionmeetingpermonthaHd tall to =use the waterslide'alone; or Deputy City Clerk Sharon Knutson serve on 6ii Commission commit- be accompanied down by an adult, at 569 -3300. Final appointment will : " 'tee ort�skforce -duing the year. ., . 18 years or older l be made - the Mayor and City Issues addressed 'during these emergency mee s an a- broad •6301 Shin le Creek Parkway 564 -3400 Council. Application Deadline is .. P ran of hu- g 9 Friday, September 24, 1993. , man'serviee topics including drug BROOffi,YN- CENTER and alcohol abuse, child care, physi- REPR�SENTATIVE FOR and sexual "abuse, " P Ohn ebuyeTS NORTHWEST HENNEPIN services, mental health needs, and HUMAN SERVICES COUNCIL'- senior services sentee -Owned -,ADVISORY "C0NMSSION An ap plicant's: previous experi ence in human'service programs is per, ies 'The City of Brooklyn Center is " helpful, but not required. The most loo or„a -Broo Center resi- . - important quality•is . sincere con - dent;who has an interest in human cern for human service needs in the lowed.) . = services issues and would be willing community. Because the advisory First -time homebuyers are eli- to serve, as a municipal representa- Commission i citizen body, mem- gible with an annual, adjusted in- tive to. the Northwest Hennepin Hu bees come from all walks of life. 3 come of $39,680 or less who are man Services CouncilAdvisory Corn Appointment :.to the Advisory e', purchasing absentee owned proper- mission., Commission will be made by the s tieslocatedwithintheidentifiedTar The�=Northwest Hennepin Hu- BrooklynCenterCity Council. Ifyou get Area and who are'receiving their maxi ,Services Council is a human are interested , in volunteering for -' mortgage from the MHFA or another ~ services planning and coordinating this position or would like to obtain recognized financial institution. The agency serving the cities of Brooklyn additional information, please call a h6niebuyer :must .complete .eligible .Center;: 'Brooklyn Park, Champlin, Deputy. City Clerk, Sharon Knutson improvements on the property in an Corcoran;, Crystal, Dayton,' Golden at 569 -3300. Application"Deadline .t, amount equal to or greater than the Valley;Yianover,'Hassan NewHope, Friday, September 24, 1993 amount of the Rehabilitation Grant . ` . lViaple Grove, xOsseo.::Piymouth. Tr For more - information contact - - - - - vield Murray at 644 -2710 or Tom'' - it Bublitz., at the City of Brooklyn ; I _ Center. i' i f He of • RATES ARE -AT AN , TIME LOW! l ave - you refrained from taking advantage f the low interest rates available in todays �����`" market ?Are you concerned about out of pocket cash to close? Don't tie! ADOLESCENT ESCE 1'T CONS j'( TANTS LTD CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569- 3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF VACANCY BROOKLYN CENTER FINANCIAL COMMISSION Notice is hereby given that a vacancy exists on the Brooklyn Center Financial Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to finance. The Financial Commission meets on the 1st Monday of each month. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS SEPTEMBER 24, 1993. [Posted at Brooklyn Center City Hall and Community Center August 19, 1993] [Published in the Brooklyn Center Sun -Post September 1, 1993] [Published in the Northwest News September 13, 1993] NOTICE OF VACANCY 0 BROOKLYN CENTER REPRESENTATIVE FOR NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION The City of Brooklyn Center is looking for a Brooklyn Center resident who has an interest in human services issues and would be willing to serve as a municipal representative to the Northwest Hennepin Human Services Council Advisory Commission. The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. The Advisory Commission is composed of citizen representatives appointed for two - year terms by their respective City Council. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. Issues addressed during these meetings span a broad range of human service topics including drug and alcohol abuse, child care, physical and sexual abuse, emergency services, mental health needs, and senior services. An applicant's previous experience in human service programs is helpful, but not required. The most important quality is a sincere concern for human service needs in the community. Because the Advisory Commission is a citizen body, members come from all walks of life. Appointment to the Advisory Commission will be made by the Brooklyn Center City Council. If you are interested in volunteering for this position or would like to obtain additional information, please call Deputy City Clerk Sharon Knutson at 569 -3300. APPLICATION DEADLINE IS FRIDAY, SEPTEMBER 24, 1993. [Posted at Brooklyn Center City Hall August 19, 1993] [Published in the Brooklyn Center Sun -Post September 1, 1993] [Published in the Northwest News September 13, 1993] CHANNEL #37 ANNOUNCEMENTS CITY OF BROOKLYN CENTER DATE: Aial l5+ 19 J , 1993 v DEPARTMENT -Ad rn CONTACT PERSON: kqWW / n tTtl DATE ANNOUNCEMENT ON tt5-j 1 9q3 DATE ANNOUNCEMENT OFF &Qkmber SY4 ► 1`c3 GUIDELINES: • Limit to 32 characters per line (including blank spaces) and 8 lines total (use additional pages if you need more space) • Specify color for message background Blue, Red, Yellow, Green, Violet BACKGROUND COLOR Please list the announcement as you would like it to appear: QE McaNcY FbR—APP0iNTrns-;NZ 1 �}P o E — r 1. m R IN Fd m dN C LL S Y hLELL - -3360 C L1 LY IS SHPT � P` ay Iqo RETURN FORM TO RUTH DICKSON, CITY MANAGER'S OFFICE, CITY HALL REVISED 4/92 CHANNEL #37 ANNOUNCEMENTS CITY OF BROOKLYN CENTER DATE u 193 DEPARTMENT: Adai n ,5f pdi c _ CONTACT PERSON: S k an o kn o 56n DATE ANNOUNCEMENT ON- k 3 P b� DATE ANNOUNCEMENT OFF- I 3 GUIDELINES: • Limit to 32 characters per line (including blank spaces) and 8 lines total (use additional pages if you need more space) • Specify color for message background Blue, Red, Yellow, Green, Violet BACKGROUND COLOR!- Please list the announcement as you would like it to appear: o VA C ee Serve oo No r-Hiast S2pv j cei CD i S t 0 HO yZa e� _ `b qM iS Soi, �)y 1193. RETURN FORM TO RUTH DICKSON, CITY MANAGER'S OFFICE, CITY HALL REVISED 4/92 CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER Fax: 569 -3494 EMERGENCY - POLICE - FIRE 911 August 20, 1993 Dear Advisory Commission Applicants: Two of Brooklyn Center's advisory commissions have vacancies due to resignation by commissioners: the Financial Commission and the Northwest Hennepin Human Services Council Advisory Commission. Since you have previously expressed interest and completed an application for appointment to an advisory commission, Mayor Paulson suggested you be notified of these vacancies to inquire if you continue to have an interest in serving on a commission. Please call me at 569 -3306 if you are interested in applying for either of these advisory commissions. The Mayor and City Council will be appointing commissioners sometime in early October. Thank you. Sincerely, J" Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: Mayor and City Council Members WNN Persons notified of opening on Financial Commission and Northwest Hennepin Human Services Council Advisory Commission (letter dated August 20, 1993) Mr. Joel Hilstrom Mr. Richard Hilstrom Mr. Robert Kensinger 3509 66th Avenue North 6107 Perry Avenue North 2619 65th Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Wayde Lerbs Mr. Dean Nyquist Lee W. Anderson 5107 East Twin Lake Boulevard 5701 June Avenue North 5344 North Lilac Drive Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Scott Malcolm Noah Bridges Charles W. Gustafson 7018 Fremont Avenue North 6712 Emerson Avenue North 3801 66th Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 9 0thy Stiele Lawrence Peterson Mark Yelich 3349 49th Avenue North 5830 June Avenue North 1721 Irving Lane North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Duane Betker Richard Campbell Jack Kelly 7025 Knox Avenue North 4521 Kathrene Drive 6129 Scott Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 i • • P is . P • .o•. fang f ' 14M Mrk. Ir �����.� �, r_�r � _ E`er •� , , ��- •'f...yr'f''w. 'tee �, i IN . Ll Oi :S� ` • - t �.;::���• t��• �AA� .;� EA X11 d •'�'�'• ,��'7AA1 II AI `� I • • � 111 �j,� �II�II II I� � 1� � 1 11 ! 11'71'�•�" 1��•� �-^ VIII �` . � � _ -- �O 4 , f I • I• ��J' ��� ,vim :�� � r � - � �� R� r ► IIfI -- �— � �.000000•. r n1 fti. ��I ' - �.� ',� '' �� �!1► '-!'! �� s � '' �'�� x � Rif � � 1 •.�:•� .. �,• iii ..... •�r �• �E�����: 1 W Ig MIM ON kv a IL E, � �I19 I MR CITY OF BROOKLYN CENTER Council Mceting Date Q 10rB193 Agenda Item Number t REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION OF REAPPOINTMENTS FOR ADVISORY COMMISSIONS DEPT. APPROV Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOMIM[ENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached -- At its October 12, 1993, meeting, the City Council had brief discussion regarding reappointing advisory commissioners when their terms have expired. This item was tabled to this evening's meeting due to two councilmembers being absent. It was requested at your budget work session on October 18, 1993, to prepare a list of those commissioners whose terms will be expiring the end of this year, along with a record of their attendance at commission meetings this year, and a list of which commissions currently have openings. Following is such a list: Advisory Commission Member Terms Expiring December 31, 1993 FINANCIAL COMMISSION no vacancies 10 meetings held to date in 1993 Donn Escher - 1 excused absence Ulyssess Boyd - 2 excused absences Ron Christensen - 2 excused absences HOUSING COMIVIISSION - two vacancies 6 meetings held to date in 1993 John Kalligher - 2 excused absences • HUMAN RIGHTS AND RESOURCES COMIVIISSION - no vacancies 7 meetings held to date in 1993 Trayce Olsen - no absences (appointed on 8/9/93) Sharon Achtelik - 1 excused absence Julie Eoloff - no absences PARK AND RECREATION CONDMSION - one vacancy 7 meetings held to date in 1993 Bud Sorenson - no absences John Russell - no absences • The Council should direct staff on the process desired for these commissioners to be considered for reappointment to their respective commissions. Following are some suggestions: 1. Each commission could place on its meeting agenda for November a discussion item regarding the upcoming expiring terms of commissioners. Those commission members who have a desire to continue serving on the commission can express their interest at the meeting, and the commission can make a motion to recommend to the City Council reappointment of those commission members. This would enable commission members to give input. 2. Each commission member whose term is expiring could verbally indicate to the City Council liaison of the commission his /her interest in continuing to serve on the commission. This would enable the City Council liaison to give input based on his /her knowledge of the commission member's active role in serving the commission. 3. As in the past, each commission member whose term is expiring could verbally indicate to the staff liaison to the commission his /her interest in continuing to serve on the commission. This would enable the staff liaison to report to the Council on whether the commission member is interested in continuing on the commission. • 4. Each commission member whose term is expiring could be asked to submit a letter to the Mayor expressing his /her interest in being reappointed to his /her respective commission. 5. Each commission member whose term is expiring could reapply using the formal application process as is used by new applicants. We understand it is the Council's intent to make commission appointments open to the public. Currently, there are two vacancies on the Housing Commission and one vacancy on the Park and Recreation Commission, and we have announced these in the Brooklyn Center Sun -Post and Northwest News Is it your intent to publish a generic advertisement encouraging residents to apply for all commissions at the end of each year (to be published in October /November) or some other alternative? Also, whatever method is selected for the reappointments should be consistent across commissions to lend credibility to the entire appointment process. RECOMMENDED CITY COUNCIL ACTION Direct staff on a process for the reappointments of advisory commissioners. CITY OF BROOKLYN CENTER council Meeting Date October 25, 1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS - COMMUNICATIONS TASK FORCE DEPT. APPROVAL: Geralyn . Barone, Personnel Coordinator MANAGER'S REVIEW/RECOnEMENDATION: -' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Staff is asking the city council for direction on appointments to fill vacancies on the communications task force. Attached is the enabling resolution for the task force, which does not outline any recruitment requirements. The mayor is the appointing authority and the city council must give majority consent approval to his appointments. When the council appointed the task force's newest member (Gerry Nelson), there was no general recruitment process used at that time. The task force does not intend to meet until the council fills its vacancies. RECOMMENDED CITY COUNCIL ACTION Discuss process to be used to fill vacancies on the communications task force and direct staff to proceed with this process. • Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 91 -153 RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC CITY COMMUNICATIONS TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council has authorized the creation of an ad hoc task force for the express purpose of reviewing the City's communications efforts and assisting the City Council in formulating priorities related to communications. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory ad hoc City Communications Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center ad hoc City Communications Task Force. Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to the City's communications efforts. Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to evaluate and recommend methods to improve communications between the City of Brooklyn Center and its citizens. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: (1) Review and evaluate the City's 1990 communications audit prepared by Coleman & Christison, Inc.' (2) Evaluate tools to solicit input from citizens, such as town meetings or a professional survey. (3) Evaluate use of personnel and /or consulting services to accomplish communications goals. (4) Evaluate the use of cable television as a method to communicate with citizens. Subdivision 5. COMPOSITION: The Task Force shall be composed of a chairperson and six (6) members, all of whom shall be appointed and serve as set forth in i Subdivision 6. RESOLUTION NO. 91 -153 Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to the City's communications efforts as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Communications Task Force of matters relevant to City l finances. Vice Chairperson A Vice Chairperson shall be appointed by the Mayor with majority consent of the city council from the members of the Task Force. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Task Force shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member appointed by the Mayor with majority consent of the City Council. Qualification for Membership At least four members of the Task Force shall be residents of the City of Brooklyn Center while serving on the Task Force, shall have been residents of said City for at least one year prior to their appointment, and shall represent an interest in the RESOLUTION NO. 91 -153 communications of the city. The other Task Force members shall represent local media organizations such as newspapers and cable television or, if these representatives are not available, shall also be residents of the City of Brooklyn Center. Representation Requirements Due regard shall be given by the Mayor in appointing Task Force members with geographical distribution within the City, and the representative nature of the Task Force in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest Members shall comply with provisions of the City of Brooklyn Center's business ethics policy. Resignations- Removal from Office - Vacancies Members may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive absences from duly called Task Force f meetings or absences from a majority of duly called Task Force meetings within one calendar year shall constitute automatic resignation from office. The City Manager shall inform the Mayor of such automatic resignations. Vacancies in the Task Force shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Members shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Task Force shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision s. MEETINGS: The initial meeting of the Task Force shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Task Force. Special meetings may be called by the chairperson. Subdivision 9. STAFF: The City Manager shall serve as staff to the Task Force. The City Manager, or his designee, shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the chairperson. RESOLUTION NO. 91 -153 Subdivision 10. E% OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Task Force, privileged to speak on any matter but without a vote, and shall provide a liaison between the Task Force and the City Council. Subdivision 11. TASK FORCE TERM: The provisions of this resolution shall expire on June 30, 1992, unless specifically extended by the City Council on or before said date. June 10, 1991 Date Todd Pa son, Mayor ATTEST: 4 -jlg- ' � - �A - - Ck - �10'--" .P Deputy Clerk ( { The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave R,osene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. I Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 92-127 RESOLUTION AMENDING SUBDIVISION 11 OF RESOLUTION N0. 91- 153 REGARDING THE COMMUNICATIONS TASK FORCE TERM WHEREAS, Resolution No. 91 -153 was approved on June 10, 1991; and WHEREAS, Resolution No. 91 -153 establishes the Communications Task Force and defines the duties and responsibilities of this task force; and WHEREAS, subdivision 11 of Resolution No. 91 -153 states "the provisions of this resolution shall expire on June 30, 1992, unless specifically extended by the City Council on or before said date "; and WHEREAS, it is the wish of the City Council to extend the provisions of Resolution No. 91 -153 until the Communications Task Force has made its final presentation and recommendations to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that subdivision 11 of Resolution No. 91- 153 is hereby amended as follows: Subdivision 11. TASK FORCE TERM: The provision of this resolution shall expire after the final presentation., and recommendations have been made to the City Council. June 8, 1992 Date Todd son, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 1025/93 /� Agenda Item Number l OW ' REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING RE: PROPOSED PARK -AND -RIDE FACILITY WEST OF BROOKLYN BOULEVARD AND NORTH OF 65TH AVENUE NORTH DEPT. APPROVAL: Sy Knapp, j5rrector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Previous Council actions regarding this matter include the following: 6/28/93 A public hearing regarding the proposed storm water pond, Park - and -Ride facility and park development. Following that hearing the Council (1) approved development of the storm water pond and authorized acquisition of the 4.1 acre parcel and (2) directed staff to evaluate the issues discussed and report back to the City Council. 8/02/93 Council received and discussed the staff report and directed staff to conduct informational meetings with citizens in the project area. 9/27/93 Council received staff's report regarding informational meeting which was held on 9/09/93. After discussion of that report, the Council: (1) authorized staff to conduct another meeting with property owners on 65th Avenue to discuss issues specifically related to 65th Avenue; and (2) called for a second public hearing to be held tonight. Staff has conducted a workshop meeting with property owners on 65th Avenue. A copy of our notes regarding that meeting are attached. Also, a detailed memorandum regarding the coordination of various improvements in this neighborhood is provided for consideration by the City Council. Staff Comments and Recommendation After reviewing all issues regarding a possible Park - and -Ride facility, it is City staff's opinion that: ✓ Park - and -Ride facilities in general are vital elements of a cost - effective transportation system. ✓ a Park - and -Ride facility is needed in this area, to properly serve adjacent neighborhoods. ✓ the 65th Avenue location is better than any other option suggested —both in • terms of fulfilling the Park - and -Ride function, and in terms of comprehensive cit y g plannin and cost effectiveness. ✓ it is fully understandable that residents are concerned about possible impacts of such a development on their neighborhood. Our meetings with them have provided valuable information to assure that the facility has a positive, rather than negative, impact on the neighborhood. ✓ as noted in the attached memo, the development of a Park - and -Ride facility will provide a one - time - opportunity to realign the reverse -curve area of 65th Avenue without spending major costs to acquire right -of -way for that purpose only. ✓ if development of the Park - and -Ride facility is approved, MTC has agreed to provide needed right -of -way to allow expansion of Brooklyn Boulevard by Hennepin County. Without this opportunity, the City would be required to pay for one -half of those costs. ✓ development and proper design of the Park - and -Ride facility along with the storm water pond will provide an excellent opportunity for the City to establish a standard for other redevelopment projects along Brooklyn Boulevard. Because of its "Gateway" location this can provide the model which the City wants to establish for future redevelopment projects — to provide a significant upgrade to the City's image, and to provide a catalyst for implementation of the Brooklyn Boulevard plan. We consider this to be an integral part of both transportation and economic development improvements, not only for Brooklyn Boulevard, but for the entire City, which can set the tone for improvements into the next decade. RECOMMENDED CITY COUNCIL ACTION • ask staff to make brief presentation • preliminary discussion by Council • open and conduct public hearing • close public hearing (by motion) • a resolution is provided for consideration by the City Council. Note: the resolution would: ✓ approve the development of a Park - and -Ride facility at this location, subject to final approval by the MTC and the execution of a development agreement between the City and MTC. ✓ direct staff to develop a proposed development agreement between the City and MTC, for consideration by the City Council. Such agreement would cover, in detail, the proposed facility and related improvements, cost estimates and cost sharin g P — both for development and for future ownership and maintenance. Note: it is estimated that it will take 4 to 8 weeks to develop and negotiate all details of such an agreement. Hopefully it could be completed and executed by early December. On this basis, the City • Council would be able to authorize implementation of property acquisition proceedings in early 1994, with property acquisition and building removals completed in 1994, and with construction started in late 1994 or early 1995 and completion in summer of 1995. L Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING DEVELOPMENT OF PARK -AND -RIDE FACILITY FOR THE METROPOLITAN TRANSIT COMMISSION WHEREAS, the Metropolitan Transit Commission (MTC) has advised the City of Brooklyn Center that it wishes to develop a Park - and -Ride facility in the area north of 65th Avenue North and west of Brooklyn Boulevard; and WHEREAS, the City and MTC have, by cooperative agreement, prepared preliminary layout plans for the development of such facilities and for the development of a stormwater pond on adjacent properties; and WHEREAS, on June 28, 1993, the City Council conducted a public hearing regarding the proposed development of the stormwater pond, the Park - and -Ride facility and a contiguous park /open space area; and WHEREAS, following that public hearing, the City Council approved development of the stormwater pond and tabled consideration of the Park -and- Ride facility and the park /open space area until additional information was available and additional informational meetings were held; and WHEREAS, additional information has been provided, informational meetings have been held, and a second public hearing was conducted by the City Council on October 25, 1993; and WHEREAS, the development of the Park - and -Ride facility will provide a one -time opportunity to obtain additional rights -of -way for improvements to Brooklyn Boulevard and for improvements to 65th Avenue North without incurring future costs for the development of such improvements; and WHEREAS, it is the opinion of the Council that contiguous properties as shown on Alternative Plan 3 should also be acquired and developed for park /open space use; and WHEREAS, it is the opinion of this Council that 65th Avenue North between Indiana Avenue and Brooklyn Boulevard should be realigned and reconstructed in conjunction with the development of the stormwater pond, Park - and -Ride facility and the park /open space area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. development of a Park - and -Ride facility and the park /open space area as shown on Alternative Plan 3, with modifications to that plan as shown on Alternative Plan 7 is hereby approved, subject to final approval by the Metropolitan Transit Commission (MTC) and the development and execution of a development agreement for these facilities between the City and MTC. 2. the City Manager or his designee is hereby authorized and directed to enter into negotiations for a development agreement between the City and MTC, for consideration and approval by the City Council. Such agreement shall include detailed description and cost estimates for all improvements and cost - sharing formulae for those improvements. 3. the realignment and reconstruction of 65th Avenue North between Brooklyn Boulevard and Indiana Avenue, as shown on Alternative Plan 7, is hereby approved, subject to final approval of the Park - and -Ride facility. It is the intent of this Council that implementation of this plan for improvements to 65th Avenue will be integrated with a program for development of the stormwater pond, the Park - and -Ride facility, the park /open space area, and other improvements in this neighborhood. 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. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BYROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569-3494 EMERGENCY - POLICE - FIRE TO: City Council Members 911 FROM: Sy Knapp, Director of Public Works DATE: October 25, 1993 SUBJ: Park - and -Ride Facility and Coordination of Related Improvements On 6/28/93 the City Council conducted a public hearing regarding the proposed storm water pond, Park - and -Ride facility and park development in the southwesterly quadrant of the I- 694 /13rooklyn Boulevard interchange. Following that meeting the Council: ✓ approved development of the storm water pond and authorized acquisition of the 4.1 acre vacant property for that purpose; and ✓ directed staff to evaluate the various issues which were discussed at the public hearing relating to the Park - and -Ride facility; and report back to the City Council. The staff report regarding the Park - and -Ride facility was submitted to the City Council on 8/9/93, and the City Council then directed staff to conduct one or more informational meetings with citizens in the project area to present staff's report and solicit additional input. The public informational meeting was held at the Garden City School on 9/9/93. We believe that meeting went very well, with good citizen participation. At that meeting, one major area of concern was the ability of 65th Avenue to carry the additional traffic and the traffic impact (both existing traffic volumes and the additional traffic from the. Park - and -Ride facility) on 65th Avenue. Accordingly, staff has worked with SRF (the consultants) and MTC to develop a plan for improvements to 65th Avenue which will (1) improve its capacity; (2) reduce the potential for accidents by realignment of the road (larger radii on the reverse curves, etc.); (3) move the edge of the 65th Avenue roadway away from the properties on the other side of the street to allow the boulevard in front of those homes to be landscaped; and (4) address other concerns voiced by the residents. Four new alternative alignment /geometric layout plans were developed. After reviewing Alternative plans 4, 5 and 6, the most current plan, identified as "Alternative 7" (copy attached) was developed, incorporating what we believe to be the best features of the other plans —for residents, for the City and for MTC. On October 18, City and MTC staff conducted another work session meeting with residents on both sides of 65th Avenue between Brooklyn Boulevard and Indiana Avenue. A copy of our notes from that meeting are attached. We believe this meeting also went very well and will provide a basis for working out final details in cooperation with residents, if development of the Park - and -Ride facility is approved by the City Council. Coordination of Improvement in this Neighborhood To date, the primary focus of discussion regarding improvements in this neighborhood have included the following: ✓ Development of the storm water pond at I- 94/694 and Brooklyn Boulevard; along with storm sewer system changes which will be needed to assure proper functioning of this pond. ✓ Near - future improvements to the storm sewer system along Indiana Avenue to relieve flooding problems experienced north of 63rd Avenue, and in the Marlin Park area - • possibly including another pond in Marlin Park. ✓ Longer -term future improvements to the storm sewer system westerly of Indiana Avenue, including an upgrade of the sewer on 65th Avenue and possibly another pond in the Orchard Lane Park area. ✓ A "relief" overflow storm sewer at the east end of the 65th Avenue storm sewer —from Brooklyn Drive to Shingle Creek. ✓ Development of the Park - and -Ride facility. ✓ Development of additional park/open space in conjunction with the storm water pond /park- and -ride development. ✓ Brooklyn Boulevard improvements, in cooperation with Hennepin County, and as part of the City's Community Development plan for improvements to the Brooklyn Boulevard corridor. During the course of discussions regarding these various endeavors, the improvement of 65th Avenue has been implied, but has not been brought into focus until now. Accordingly, we offer the following rationale for including the total reconstruction of 65th Avenue between Brooklyn Boulevard and Indiana Avenue into "Phase I" of improvements in this • neighborhood, if development of the Park - and -Ride facility is approved: ✓ As noted above, the storm water pond at I- 94/694 and Brooklyn Boulevard would be useless without installing the necessary connections between the pond and 65th Avenue. ✓ Construction of a storm sewer to the Indiana Avenue /Marlin Park area should be considered for inclusion in Phase I improvements in this neighborhood. At a minimum this would require crossing 65th Avenue at Marlin Drive. ✓ The storm sewer under 65th Avenue needs upgrading, to repair problem areas, and to increase capacity. ✓ Existing traffic conditions on 65th Avenue warrant capacity improvements to the 65th Avenue /Brooklyn Boulevard intersection, including at least a separate right -turn lane for eastbound traffic. ✓ While development of the Park - and -Ride facility will increase the need for roadway improvements to 65th Avenue, it will also provide a one time opportunity to realign this roadway without major right -of -way costs to the City. ✓ The Pavement Management Program currently being developed for the City rates this section of 65th as one which would marginally benefit from an application of an overlay, and it is probable that further analysis would indicate that reconstruction of the segment would be the most cost - effective, long -term rehabilitation strategy. ✓ Hennepin County's anticipated improvement of Brooklyn Boulevard (best guess for construction is in 1995) will provide an ideal opportunity to fully coordinate improvements to the 65th Avenue /Brooklyn Boulevard intersection. Accordingly, if development of the Park - and -Ride facility is approved, the reconstruction of 65th Avenue should be planned for inclusion into Phase I improvements to this neighborhood. Scheduling In recent discussions with MTC staff, we have reached a consensus that it would be unrealistic to attempt to purchase all properties, remove buildings, etc., start construction and complete construction in 1994. Rather, a more realistic schedule will allow for property acquisition and removal of buildings in 1993 -94, with construction starting in late 1994 or early 1995, and completion in the summer of 1995. This schedule will allow for proper consideration, development, and coordination of all elements of Phase I improvements in this neighborhood. Note While I will not plan to cover this detailed memorandum in my opening comments at the Public Hearing regarding the Park - and -Ride facility, I felt it necessary to provide the Council with this overview so that you may integrate it into your considerations regarding the Park - and -Ride facility. Should you wish for me to discuss these issues during the public hearing or following the hearing, please ask me to do so. Respectfully submitted, Sy Kna PARK AND RIDE INFORMATIONAL MEETING MONDAY, OCTOBER 18, 1993 AT WEST FIRE STATION Residents: About 20 City Staff: Sy Knapp MTC Staff: Scott Thompson Knapp opened the meeting with a welcome and stated the primary purpose of this meeting was to discuss issues specifically relating to 65th Avenue and summarized those issues as follows: ✓ capacity and turning movement issues at the 65th Avenue /Brooklyn Boulevard intersection. ✓ concern regarding the sharp reverse curves on 65th Avenue between Brooklyn Boulevard and Marlin Drive. ✓ additional traffic volumes on 65th Avenue, resulting from development of a Park -and- Ride facility. ✓ accident history along 65th Avenue. ✓ buses exiting from the facility would be going past three single - family residences on west side of 65th Avenue. Knapp reviewed seven alternative layout plans that have been prepared, noting the advantages and disadvantages of each. Alternatives 1 and 2 : These alternatives are no longer in consideration because they would provide a minimum amount of space for the storm water pond. The City Council selected Alternative 3. Alternative 3 : The storm water pond portion of this plan has been approved by the City Council, and the remaining alternates are variations of this plan— developed to deal with issues relating to 65th Avenue. Alternatives 4,5, and 6 : Are rough drawing indicating various alignments which have been developed to deal with the 65th Avenue issues noted above. Each of these have some advantages, but more disadvantages. • Alternative 7 : (Copy attached) is a plan which City staff and MTC staff believe incorporates the best features of all previous alternatives for property owners, for the City and for MTC. This plan contemplates total reconstruction of 65th Avenue between Brooklyn Boulevard and Indiana Avenue, with the following specific features: • moving the alignment of the N -S portion of the roadway approximately 8 to 10 feet easterly from its present location —to move it further away from the 3 houses on the west side of the roadway, thereby increasing the width of their boulevard and the distance between their homes and the roadway. • construction of a Mane roadway (2 eastbound and 1 westbound) between the bus exit driveway and Brooklyn Boulevard. • placing larger radii on the reverse curves. • construction of a traffic island in the northerly curve is area —to provide protection channelization of traffic through this area, protection for buses exiting from the Park - and -Ride facility, and to discourage use of this driveway by eastbound traffic on 65th Avenue. • installation of concrete curb and gutter, as part of the street reconstruction project. Knapp also noted the following: • A review of reported accidents during years 1991, 1992 and 1993 to date (copy attached) indicates that 15 of the 20 accidents occurred at the 65th Avenue /Brooklyn Boulevard intersection. The remaining 5 occurred at the locations shown on the map. Compared to other locations within the City, the accident rate for this section of 65th Avenue is at or below normal. • Discussion with Hennepin County Department of Transportation engineers has indicated that, if a Park - and -Ride facility is constructed at this location, they will adjust the traffic signal on Brooklyn Boulevard to assign a higher priority to eastbound traffic on 65th Avenue —in recognition of the importance of facilitating mass transit. Such an adjustment will also benefit other eastbound traffic approaching this intersection. i In open discussion, residents provided the following questions and comments: Q. If you move the roadway to the east, who will be responsible for mowing the wider boulevard? A. The adjacent property owners are responsible for maintaining their yards out to the street. Q. It's very difficult to maintain grass on the existing boulevard... because of the City's heavy usage of salt and sand on the reverse curves... particularly in the 6 to 8 feet closest to the street. A. With the larger radii, City should not have to use as much salt (we now use only a limited amount of sand). However, salt -kill will probably always be a problem. Several options were discussed — moving sidewalk to different location, other types of vegetation in the boulevard, etc. Knapp expressed City's willingness to discuss options to this issue further with residents if the project proceeds. Q. Backing out of our driveway (on west side of the street) into the street is dangerous now. It'll get worse with additional traffic volumes. A. By moving the street further east, and by providing two eastbound lanes, Plan 7 would increase visibility and the safety of this maneuver. However, construction of "back - arounds" can be considered for situations like yours. These allow you to back around to an addition on the side of your driveway, so you can drive forward into the street, instead of backing into it. The disadvantages of back - arounds are (1) it uses up a part of the front yard and (2) it needs to be maintained (snow removal, etc.). However, if property owner wishes to have a back - around, City will work with you on a one -on -one basis. Q. If street is reconstructed, won't City charge us for that? A. Under existing City policy, special assessments are levied for any street improvements. For 1994 we estimate that the special assessment rate will be $1550 per single family home. Q. Why not cut 65th Avenue off at Marlin Drive so that all traffic must go to 63rd Avenue? Originally, traffic went north to 66th Avenue, but that got cut off by the construction of I- 94/694. A. The greatest portion of the traffic volume on 65th Avenue is traffic to the neighborhood which lies between I94/694 and 64th Avenue. Closing 65th Avenue at Marlin Drive would increase traffic volumes on all north -south streets to 63rd Avenue, which already has substantially more traffic than 65th Avenue. Q. (by property owner at Marlin Drive and 65th) I don't think the plan (Alternative 7) will do much to keep cars out of my yard /or to keep them from hitting my house. I'd like to have very high curbs or barrier walls to protect my property. A. Installation of concrete curb and gutter usually reduces this problem substantially. Also, Plan 7, with the island through the curve area, should slow westbound traffic. Any consideration of high curbs or barriers must be evaluated against potential liability for damages or injury to persons who hit such obstacles. However, if the project is approved we will meet with property owners along 65th Avenue on a one -on -one basis, to review everyone's needs individually. Q. Recommend extension of the new sidewalk on the north side to Indiana Avenue (instead of stopping at Marlin Drive). A. If the project proceeds, we will consider that suggestion. Q. Regarding the Park - and -Ride site plan, would MTC consider placing a second shelter building there, so patrons who park at the north end don't have to walk so far? A. MTC will consider that. We have done that at other locations. Knapp closed the meeting after reminding all that the City Council will be conducting its second public hearing regarding the Park - and -Ride facility next Monday, October 25 at 8:00 p.m. and thanking all for their attendance, their discussion, and their suggestions. 0 4,0 LEGEND PROPOSED MT. TRAIL PROPOSED C&G EXISTM WETLAND SOUK 231 TOTAL PARKING STALLS 30 0 L STRGAR-ROSCOE-FAUSCH, INC, SRAWN ;Y AN 65th AVE. NO. PARK AND RIDE FACILITY MO M CONSULTING ENGINEERS ■ LAND SURVEYORS ONED Y 1,0 DATE By CKD REMSION SRF BROOKLYN CENTER, MN oowm. I. N-E: DATE: 30, 1 - ALTERNATIVE 7 (9-17 003177 M TIME: 7:16 M CITY OF BROOKLYN CENTER TRAFFIC ENGINEERING EVALUATION ACCIDENT SUMMARY Intersection: / `� i" G�! ��G mCc��t �q z�r II Nom. 4ue TCL 4 I I I No. of I No. of ( Total ( Property Personal ( No. of I I ( No. of I Damage I Injury I Fatal Year I Accidents I Accidents I Accidents I Accidents I i I I I I j I ( TOTAL I Average for I I I Years I I I I i i ( Average for I ( ( I ( last xYears Notes Rgcc (99 (f9Z)T - 3o 93 /993 )9D7 3g(4,0 (Title) Date: CITY OF BROOKLYN CENTER ENGINEERING DEPARTMENT COLLISION DIAGRAM Al '81eW LOCATION: AT: e I y YEAR. ! �✓ - l 3 NO. OF ACCIDENTS: 2 0 DATA OBTAINED FROM 1 RA 1 b 07 BY : j PROPOSED STORM POND O� <,c N _ z ;65TH AVE N G 1 RT ANGLE 1 FIXED OBJECT Q / r 1 LEFT TURN � � PROPOSE D �I 1 RT ANGLE PARK & RIDE C_ Z D 10 REAR END D, D r 1 PI HEADON 1 3 LEFT TURN , Z M p 2 uNlc &4& N STANDARD SYMBOLS SYMBOLS WEATHER CAUSES EXAMPLE —> Motor Vehicle Moving Ahead C — Clear (1) 01 — Speed Too Fast Month - Day - Year R — Rain (2) 02 — Failed to Yield Right- Left Turn S — Snow 3 of -Way Day of Wk -Hour --� Right Turn F — Fog (4) 03 — Drove Left of Center 04 — Improper Passing Weather-Light- <<<4E> Motor Vehicle Backing Up LIGHT 05 — Disregarded Traffic Signal Road Surface - 06 — Following Too Closely Cause — — —6 Pedestrian L — Dayli ht (1) 07 — Made Improper Turn D — Dark �2) 08 — Other Improper Driving Parked Vehicle S — Dark w/ Street 09 — Drinking or Drug se 7 -25 -87 Lights (3) 10 — Fell Asleep at Wheel Fixed Object 11 — Improper Backing W -1330 SURFACE 12 — Inexperience /Inattentive Fatal Accident Driving C- L -D -03 ® Personal Injury W _ y �2; 13 — No Improper Driving 14 — Physical Impairment I — Snowy or 15 — Vision Obscured Property Damage Only Icy (3) 16 — Undetermined -,) Pvu - C� � o 1 G 6 VA-A -Ct 0 o �( °) �.�✓� man e (11n�+ Ct� o o t Z o b C (D r 9/V a 4 0 - C - 4 S ID c� 9- - , - (� �U �T'el o o �) 1 cg 3 p -l ie QOM 1 - — z. ZI G GOB axv� (� vu (�L�'x- C a� c --- - cc t�t Z - ��o Q c ------------------------ - - - - -- - - - -- oSZ 004 C ZS t liVl o� z c?o } O S - -- - - - -- -- - - O b i ' Z:5rNt- OCT 25 'D3 13-10 MEDTRONIC STERILIZriTION SERVICES P. 1 „ 4 Medtronic R M odttonic, 1110, 7000 Central Avenue, N.E. Minneapolis, MN 66132.3576 Telttphone; (612) 574.4000 Carne. fVtyJtrun1C Telex: 29.05913 7ulec upy: (612) 574.487y 9tmili:ation Fqx• t512; 674-3388 I I i STERILIZATION SERVICES FACSIMILIE COVER SHEET TO: s N” FROM: DATE; - �2 ! - ' y RE: FAX #: TO BE DELIVERED: X . _... IMMEDIATELY BY END OF DAY • WITHIN 24 HOURS WHEN TIME PERMITS NUMBER OF PAGES: -3 _ + COVER SHEET SPECIAL INSTRUCTIONS: a /ZCa GN39 612 574 4629 ` ' 25 '93 13:18 MEDTRONIC STERILIZATION SERVICES P.2i4 . Mr. Sy Xnapp October 24, 1993 Director Of Public: Works 6391 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Mr. By Knapp Ism writing in responoe to the meeting held on October 14, 1993 at the B.C. Fire depar'tinent regarding the proposed Park & Ride Facility. Since I will not be able to attend the next meeting scheduled for Monday October 25 due to business reasons I axn writing thin letter. I have numerous concerns that were not addressed at this meeting_ I hope you will confront the following issues before deciding the fate of this project. 1) The current traffic volume on the corner of 65th & Brooklyn Blvd. is approximately 2500 vehicles /day. Your prediction Is a 10 % -151 increase in traffic volume as a result of this facility. My conservative calculations indicate a 3p-t increase in traffic volume in this vicinity would occur. Reference attachment #i. it is extremely difficult as well as dangorous to enter and exit our driveways at present, what will happen with an increase in traffic volume? 2) originally the plan included trees around the perimeter of the Park & Ride facility on the 65th side. Due to visibility concerns of motorists, tho trees have bean replaced by ground Shrubbery. My concern is that vandalism of property on 85th will occur due to the visibility from Brooklyn Blvd. • 3) Since the beginning discussions of this Park & Ride facility, the increase in pollution Par this area has not been addressed. This includes the idling buses waiting for their route times and the commuters awaiting departure in their idling automobiles. In addition, I would like analysts independent of the City or MTC to determine the emission composition of each type of Taus (ie. articulated versus non - articulated buses, older buses versus newer buses). In particular, T would like a. quantification of the soot emiooiono for each of the above type buses. Since soot hag been recently determined to be the hidden causative factor attributed to lung cancer. If possible compare this to automobile emissions. Recall, the increase in traffic in concern #1. 4) The environmental impact of this facility on the local environment has not been discussed. The following is an example of the effects of pollution. The U.S. department of Agriculture has been enumerating the gypsy moth population within this area during the past summer. Being a Biologist by trade, Irve studied the plight of the Gypsy moth in industrialized settings. The gypsy moth is a light- colored moth which seeks refuge from predation on light bark colored trees. 612 574 4629 O- T E5 "a; 13:19 MEDTRONIC STERILIZATION SERVICES P.8!4 As pollution increases, the tree bark darkens and the gypsy moth becomos vulnerable. since no gypsy moths were observed in the trap at my residence, I would conclude the current level of pollution has darkened the tree causing a subsequent decrease in the gy'pay moth population. This example of the gypsy math was used to illustrate the effects of the current level of pollution in this area. With an increase in vehicular emissions as a result of this facility, the trees will not be the only objects Coverod with pollutants. The exterior of all dwellings in this area will require additional cleaning, painting and maintenanoo as a result. 5) Pedestrian crossing on 65th hasn't been discussed with any detail. Especially with the attraction of the proposed park & recroation center adjacent to the storm water run-off pond. 6) A proposal, that hasn't been raised is the purchase by the City of the Pour residences along the west side of 65t1i Ave. down to Marlin Drive. Thin, would greatly reduce the issues surrounding this area. The Park & Ride Facility would have expansion room in the future and separate lanes could be built to channel residential traffic around the facility. if these residences are not purchased, the property values will certainly decrease. Resale of these residences maybe impossible. Are there sane people that would puroa5e a house on a busy thorough fare? 7) The assessmenta local landowners would incur as a result of this park, & Ride facility. These assessments include the increased maintenance costs to the roadway due to the elevated traffic volume and curb & gutter installation. For your information, the majority of these landowners are retired and survive on fixed incomes. Any additional assessments would create financial hardships for these families. These concerns and oppositions are jilst a Pew that my family and neighbors have towards this proposed Park & Ride facility. Since the 'Vikings game is the same night as the presentation to th(e City Council, Ism sure this propo*i# ion will be voted on and passed_ T request the .Cinal vo#:? occurs at later date which will allow greater neighborhood representation and debate. Regar S. ^ _14 1. Thomas Bendy ti 612 574 4629 OCT 2 ' 93 13:20 MEDTRONIC STERILIZATION SERVICES P.4/4 Attachment #I Vehicle Density On The Corner Of 85th & Brooklyn Blvd As A Result of The Proposed Park & Ride Facifily 25w Current vehicle density 235 A.M. Z35 P.M. 20 Suseza A.M. 20 Buses P.M. 40 buses during w ri -peak hours (assume Nhour beri n 9 A.M. & 10 RM, WdUding 04 4 peak hours) 5o Persons dropped off in KM. 50 Persona picked up in P.M. 31D Service Vehicle 5 (Police. MTC. etc.) 26 YsYit vtsik�rs 3213 TDTAL low minutaatday 2.978 vahieieslminuto �I CITY OF BROOKLYN CENTER Cmmcil Mooting Date ior25/93 ngeaaa R= Number m REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO CASH ETC. TO OPERATE AT 6818 HUMBOLDT AVENUE NORTH, BROOKLYN CENTER DEPT. APPROVAL: J�� � - Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOAMWNDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) The Minnesota Department of Commerce has received a renewal application from Cash Etc. to operate a currency exchange at 6818 Humboldt Avenue North, Brooklyn Center, and has forwarded a copy of the complete application to the City of Brooklyn Center for its approval. Please note on January 11, 1993, the City Council passed this resolution for the annual renewal license to operate January 1, 1993, to December 31, 1993. This evening's renewal application is for the calendar year January 1, 1994, to December 31, 1994. Minnesota Statute 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business. The law requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days. Also, the law requires the governing municipality to publish notice of intent to consider the license (published in Brooklvn Center Sun -Post October 13, 1993). Cash Etc. has submitted the appropriate fee, current fee schedule used for cashing checks, surety bond in the amount of $10,000, and background investigation by the Bureau of Criminal Apprehension to the Minnesota Department of Commerce. Also, the Brooklyn Center Police Department can find no reason why the currency exchange license application should not be approved (memo and report attached). RECOMMENDED CITY COUNCIL ACTION PASS A RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO CASH ETC. TO OPERATE AT 6818 HUMBOLDT AVENUE NORTH, BROOKLYN CENTER. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO CASH ETC. TO OPERATE AT 6818 HUMBOLDT AVENUE NORTH, BROOKLYN CENTER WHEREAS, Minnesota Statute 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business; and WHEREAS, the Minnesota Department of Commerce has received a renewal application from Cash Etc. to operate as a currency exchange at 6818 Humboldt Avenue North, Brooklyn Center; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a currency exchange license to Cash Etc. to operate at 6818 Humboldt Avenue North 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. �e STATE OF MINNESOTA 133 EAST 7th STREET . .....� ST. PAUL, MN 55101 612/296 -4026 OFFICE OF THE COMMISSIONER DEPARTMENT OF COMMERCE FAX: 612/296 -4328 Certified Mail September 13, 1993 City of Brooklyn Center Sharon Knutson ,Lic Clerk 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Dear City Clerk: Cash Etc. ( #9000044) (renew) has made application for a currency exchange license to operate at 6818 Humboldt Ave. No. , Brooklyn Ctr Mn 55430. Pursuant to Minnesota Statute 53A.04, we are forwarding a copy of the complete application to the city of Brooklyn Center in care of your office for your review. Please note that Minn. Statute 53A.04, which became effective on April 24, 1992, requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business. The law further requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your organization will be appreciated. If ou have an questions lease contact Cheryl Y Y q Connors C P Y Enforcement and Licensing Division, Minnesota Department of Commerce at 612 /296 -6319 (extension 3012). Sincerely, JAMES E ULLAND Commissioner of Commerce By ONNO X � CHERYL L RS Enforcement & Licensing Division 612/296 -6319 (extension 3012) 0 AN EQUAL OPPORTUNITY EMPLOYER ............. STATE OF MINNESOTA 133 EAST 7th STREET ST. PAUL, MN 55101 612/296-6319 OFFICE OF THE COMMISSIONER DEPARTMENT OF COMMERCE FAX: 612/296-4328 CE July 1993 SH ETC 6818' HUMBOLDT N B ROOKLYN CENTER MN 55430-0000 Dear Currency Exchange: This letter will serve as your renewal billing for your Minnesota Currency Exchange license which will expire December 31, 1993. Please read and follow these instructions carefully. PLEASE NOTE: According to a change in MN Statute 53A regarding the licensing of currency exchanges, both state and local approval of issuance and renewal of a currency exchange license is now required. Since this process may take up to 120 days, you should return the required forms immediately. The statute also requires all c urrency exchange locations previously licensed as branch offices to now be licensed as separate entities. In order to renew your Currency Exchange license, you must comply with the following instructions: I Please sign, date and return this billing postmarked before 12:00 midnight September 1, 1993 with a check, cashiers check, or money order only in the amount of $50.00 for each location to be renewed. Cash cannot be accepted. Make your payment payable to the Minnesota Commerce Department. 2. Each Currency Exchange location MUST attach a current fee schedule used for cashing checks, money orders, or traveler checks. The schedule —must include the type of check cashed, the fee that is charged, and whether or not the fee varies depending on the amount of the check. 3. Each Currency Exchange location MUST attach a surety bond in the amount of $10,000" (on the form provided). The bond must be effective January 1, 1994 until December 31, 1994. 4. Each Currency Exchange location MUST attach a current and complete list of ALL owners, partners, officers, directors, stockholders (owning 10 percent or more of the corporate stock) as well as ALL employees with the authority to exercise management or policy control over the company. A completed background investigation by the Bureau of Criminal Apprehension (form provided) must be submitted on EACH of these individuals, along with the renewal billing. If all required forms are not fully completed and returned to our office with a p W - ynt by September 1, 1993, your license will lapse effective December 31, 1993. If your license does lapse, you must reapply for a license using the license application form and paying the new license fees. ALL the information requested above must be attached to the renewal billing before returning the billing to our office. If you have any questions or need additional information, please feel free to contact the Licensing Unit at (612) 296-6319 (option #4). LICENSING UNIT Z (612) 296-6319 President, Partner or Owner's Signature D to AN EQUAL OPPORTUNITY EMPLOYER t J - Y er c � c `.! �- 11 moo -- — j ck&.,?_ clz :.... �hUZ. a�t.t.`v+, ✓ti'�,U -rte aka..: t._ . � w � -.. _ .. . __.. . _ �1, o o_ ,I BOND NUMBER 238416 STATE OF MINNESOTA DEPARTMENT OF COMMERCE CURRENCY EXCHANGE SURETY BOND KNOW ALL MEN BY THESE PRESENTS, THAT TALLEY ENTERPRISES, INC. DBA CASH ETC. (Name of urrency Exchange) a MINNESOTA CORPORATION (description or torm ot business organization, including State of ncorpora .ion with business office at 6818 HUMBOLDT AVE. N., BROOKLYN CENTER, MN 55430 (Street Address, City-,State, Zip ot ottice covered by this on as Principal and AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA (Name ot Su ccrporalion duly org's_. zc d iuiucZ i.ite ia'w6 of thLe State of FLORIDA , Wh1Ch is authorized to engage in the business of insurance in the State oF nnesota, as Surety, are hereby held and firmly bound to the Department of Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal and Surety bind themselves, their representatives, successors and assigns, jointly and severally by these presents. The parties further agree that: 1. The purpose of this obligation, which is required by Minnesota Statutes, Section 53A.08 is to secure the compliance by Principal with the terms of Minnesota Statutes, Sections 53A.02 to 53A.08, and any other legal obligations arising out of the Principal's conduct as a currency exchange. 2. This bond is for the benefit of the State of Minnesota and all persons suffering damages by reason of Principal's failure to comply with Minnesota Statutes, Section 53A.02 to 53A.08 or other legal obligation arising out of Principal's conduct as a currency exchange. 3. If Principal shall violate Minnesota Statutes, Sections 53A.02 to 53A.08 or other legal obli ation arising out of its conduct as a currency exchange the Commissioner of Commerce, as well as any person damaged as a result of such violation, shall have, in addition to all other legal remedies, a right of action on this bond in the name of the injured party for loss sustained by the injured party. 4. This bond shall be in effect from JANUARY 1, 1994 until December 31, 19 Signed and Sealed this 2 5TH day of AUGUST 19 AMERICAN BAK ERS INSURANCE COMPANY OF FLORIDA : TALLEY ENTERPRISES 'INC' DBA CASH ET (Name ot Suret ame o urrency xc ange gna ur o o n ac igna ure o res en Partner, o THOMAS H. FAIRF LD r Sole Proprietor) FOR OFFICE USE ONLY Approved as to form and execution by Dennis J. Poppenhagen, Director of Licensing DENNIS J. POPPENHAGEN (Date) INSTRUCTIONS: 1. This side is to be completed by a notary public for both the Principal and the Surety. 2. Please attach the Power of Attorr;y for the Surety listed herein. 4 0TATE OF ACKNOWLEDGMENT OF INDIVIDUAL ) ss. ACKNOWLEDGMENT OF PRINC! ?AL COUNTY OF ) On this day of 199 , before: me personally appeared known to me to be the individual whose name is subscribed or this bond form, who acknowledged that this bond was executed for the purpose3 therein contained. (Notary Seal) Notary Public ♦• A+ aififfiaaf- Faa► a+ a+ aa:++ i Fiia+► tia+ aa lt. ia. a+ a+ araa +iaaaaaaarawaiaasaaa :►aaf.. . aaa a a a a a aa+►i► Nina ►►a ► + +a►i ►a► +a+►++►ai a+a +a+iaai+aaiaaaaaaaMaa -,�++ ACKNOWLED OF PARTNERSHIP STATE OF } ss. ACKNOWLEDGMENT OF PRINCIPAL COUNTY OF ) On this day of 199 , before me personally appeared known to me to be a partner in the partnership whose r--:me is subscribed on this bond form, who acknowledged to me that the bond was executed on behalf of the partnership for the purposes therein contained. otary Seal) Notary Public Hi# iMN++► ii+ a+ Haiifai+++i- iaFa ►fa ►++ia►afiia" �iaNi► NNN►► fa► iaiaa ►ia+ai►ii►i► ► +Nia ►N►►NaNN ►N ACKNOWLEDGMENT OF CORPORATION ,! � STATE OF / VZAAL � ) ) ss. ACKNOWLEDGMENT OF PRINCIPAL COUNTY OF ���` � �-- ' C41/1 -t-74211-1 ) On thi day of 199_ , before me personally appeared D / C' a LILI. a _ , who acknowledged that he or she is the of a corporation whose name is subscribed on this bond form, and that, i,s a corporate officer, he or she is authorized to execute the bond for the purposes therein co ■ .�,� ■ . TIMOTHY S. SULLIVAN NOTARY PUSUC— MINNESOTA HENNEPIN COUNTY (Notary Seal) ►N���^ExP�►�+ te. tt� --- Notary Public t !i+ ACKNOWLEDGMENT OF SURETY STATE OF MINNESOTA ) HENNEPIN ) ss' ACKNOWLEDGMENT OF SURETY COUNTY OF ) On this 25T day of AUGUST ' 199 3 before me rsonal pe IY appeared THOMAS H. FAIRFIELD who acknowledged that he or she is the attorney in fact whu is thorized to sign on behalf of AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA (surety company) FLORIDA (state or behalf of the cor ation. ZANNE M. NAGY �� � ` NOTARY PUBLIC - MINDJ =SOTA '— HENNEPIN COUP iY "an (Notary Seal) My Cornmission Expires Mar. 14.199E Notary P blic = AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA 11222 Quail Roost Drive, Miami, FL 33157 -6596 TO BE ATTACHED TO BOND POWER OF ATTORNEY NO. KNOW ALL MEN BY THESE PRESENTS: ? n , ' J � That AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA. a corporation of the State of Florida, does hereby make, constitute and appoint: Thomas H. Fairfield, Michael Williams, Fern J. Haugen its true and lawful attorney -in -fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, on bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: ANY AND ALL BONDS AND UNDERTAKINGS THE LIABILITY OF THE COMPANY SHALL NOT EXCEED 5 250,000 (Two Hundred Fifty Thousand & 00 /100) and to bind AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF, AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA has caused these presents to be signed and sealed by facsimile by its duly authorized officers and its corporate seal to be hereunto affixed this 23rd day of MAY, 1991 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA By - -- - - - -- — i SEAL : z SENIOR ICE PRESIDENT Attest: SECRETARY NOTARY PUBLIC Before me personally appeared Jason J. Israel and Sanford Neubarth, to me wellknown, and known to me to be the individuals described in and who executed the foregoing instrument as Senior Vice President and Secretary of the above -named AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a corporation, and severally acknowledged to and before me that they executed such instrument as such Senior Vice President and Secretary, respectively, of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act_ and deed of said corporation. -, Sworn to before me this 23rd day of May, 1991. t� e+�T NOTARY PUBLIC STATE OF FLORIDA C. MY COMMISSION EXP. FEB. 21, 1995 NOTARY PUBLIC BONDED THRU GENERAL INS. UND. RESOLUTION OF THE BOARD OF DIRECTORS OF AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA WHEREAS, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in the states and territories of the United States and in the provinces of the Dominion of Canada- RESOLVED, that this Company do and it hereby does authorize and empower its President, Executive Vice Presidents or Senior Vice Presidents in conjunction with its Secretary or one of its Designated Signers, under its corporate seal, to appoint any person or persons as its act as its true and lawful attormey -in -fact, to execute and deliver any and all contracts, guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed; and FURTHER RESOLVED, that the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. I certify the above is a true copy of a Resolution adopted at the meeting of the Board of Directors of AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, on May 22, 1991. I State of Florida County of Dade SECRETARY I hereby certify that the above Power of Attorney remains in full force and effect; and furthermore, that the Resolution of the Board of i>: € §ff of AMERICAN BAN� SURANCE COMPANY OF FLORIDA, dated May 22, 1991, remains in full force and effect as of this lri day of 19 fEX Q' \ SECRETARY Any instrument issued in excess of the penalty amount stated above is totally void without any validity. A5215 -1092 T � STATE OF MINNESOTA BUREAU OF CRIMINAL APPREHENSION - CJIS SECTION RECORD AND IDENTIFICATION SERVICES 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (612) 642 -0670 Date: 082393 Name: TAHLMAN, KATHALENE B DOB: 042746 This letter certifies that a search has been made of the criminal hist - ory fil , % LnEu ii, 11 y t ent of Public v.s1 ai1G.^,a ;.Ai:. '� '' " IT'iiae5Otc. by file Departm Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was found based on the above search criteria. This does not preclude the possible existence of additional information located at county or city levels. Sincerely, Mark K. Shields Su rinteud y: Karen McDonal ae— Director Criminal Records and Identification Services RLU -23 -1993 12:43 FROM CASH ETC 612 560 2249 TO 6420618 P.63 STATE OF MINNESOTA 133 EAST I ca STREET ST. PAUL. NSN 55101 61112 %-6314 O FFICE OF THE COM- MISSIONER DEPARTMENT OF COMNiERCE FAX: 61212964328 TO: Dept of Public Safety Bureau of Criminal Apprehension 1246 University Avenue St. Paul, MN 55104 RE: Request for Background Check Currency Exchange License (Chapter 53A) 1 +A,1 ,e,4t 8, date of birtr �� : have made application PRINT NAME to the Minnesota Department of Commerce for a Currency Exchange license under the provisions of Minnesota Statute 53A. If I am not the applicant for licensure I am either an officer, a limited /general partner, a manager or a shareholder and will own ten percent (10 %) of the stock. Or, I am an employee with the authority to exercise management or policy control over the company. i hereby request the Bureau of Criminal Apprehension to conduct a background investigation of me for licensing purposes as required under Minnesota Statute 53A. I ?// z Signature and Title Da e RESIDENTIAL ADDRESS: SOCIAL SECURITY g 6e ZZ ,,4Z& SSS%�d CURRENCY EXCHANGE APPLICANTS This form must be completed by the MN Dept of Public Safety, Bureau of Criminal Apprehension PRIOR to submission to the Dept of Commerce. There is an $8.00 fee for each background check which should accompany this form. Make check payable to Dept Public Safety. NOTES BUREAU OF CRIMINAL APPREHENSION. PLEASE ENCLOSE COMPLETED BACKGROUND INVESTIGATION IN A SEALED ENVELOPE ALONG WITH THIS LETTER. AN EQUAL OPPORTUNITY EMPLOYER CR$". ETC. 6818 HUMBOLDT.:AVE..N. BROOKLYN CENTER, . MN y A,, _� - 5 _ � r .�_ n ' 55430 r . s�o 91 PAY TO TH E RDER OF 1 i OLLARS //W// Norwest Bank Minnesota, N.A. AF/111 Brookdals Office r .BANKS 2901 Northway Drive Arm IWAIN . Brooklyn Center, MN 55430 FOR 11 5 7 2 ?u' ° 1 :0 9 10000 191: 3 2 5 500- 2,7:"18u''` 1 1 /f1 V V i CA S 14 ET C. u 6818 Humboldt AVM e North M N 55430 Brooklyn Center (6 12) 56 B G� / � V Cam, / Clq ' Cs ✓_ GG i Av North 3548 Winnetka Ave 55427 New Hope, MN , ,,- -, 9N F,41 -0864 O � p pKLYN CEp POLICE BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, Administration FROM: Pamela Anderson, Police Department 0--- DATE: September 29, 1993 SUBJECT: Cash Etc. Currency Exchange License Application After completing a special search of calls for service at Cash Etc.'s address, the Police Department can find no reason why the currency exchange license application should not be approved. I have attached copies of the special search for your review. Please do not hesitate to call if you have any questions or if I can be of further assistance to you in this matter. /psa INQUIRY Level: 1 A D D R E S S I N Q U I R Y 09/28/93 1152 6818 HUMBOLDT ------------------ - - - - -- ADDRESS --------------------------- Map Guide: F -2 Reporting District: 2 ------------- - - - - -- CASES --------------------------- No Case No Inv Date Code Description Status 1 CR931526.1 092493 ALARMS RES -ADDR -KEY 2 CR9313937 090293 MISC PUBLIC RES -ADDR -KEY 3 CR9312549 081193 C 12C2 FORGERY -FE- UTT -POS ACTIVE 4 CR9310330 070693 C 12C2 FORGERY -FE- UTT -POS ACTIVE Page: 1 of 4 SELECT FUNCTION INQUIRY Level: 1 A D D R E S S I N Q U I R Y 09/28/93 1154 6818 HUMBOLDT *1CR939030 ----------- - - - - -- CASES --------------------------- se No Inv Date Code Description Status 061593 T CO21 THEFT - 501 - 2500 -FE- ACTIVE 2 CR935645 041993 SUS ACT ACTIVE 3 CR935287 041493 ALARMS ACTIVE 4 CR9218725 121692 ALARMS ACTIVE 5 CR9218128 120592 ALARMS ACTIVE 6 CR9216367 103192 MISC PUBLIC ACTIVE Page: 2 of 4 SELECT FUNCTION INQUIRY Level: 1 A D D R E S S I N Q U I R Y 09/28/93 1154 6818 HUMBOLDT S ---------------- - - - - -- CASES --------------------------- a Date Code Description Status 1 CR9215932 102392 VANDALISM ACTIVE 2 CR9214970 100692 ALARMS ACTIVE 3 CR9212543 082592 FALSE ALARM ACTIVE 4 CR9210153 071592 9 9730 SICK CARED REF TO OTHER AGENCY 5 CR929950 071292 SUS ACT REF TO OTHER AGENCY 6 CR928829 062292 C 1212 FORGERY- FE -UTT C12 EXC CLEARED Page: 3 of 4 SELECT FUNCTION 0 INQUIRY Level: 1 A D D R E S S I N Q U I R Y 09/28/93 1154 6818 HUMBOLDT -- - ----------- - - - - -- CASES --------------------------- N se No Inv Date Code Description Status R926015 050492 ALARMS EXC CLEARED 2 CR925855 050192 ALARMS EXC CLEARED 3 CR8916257 091289 9 9950 CONFI PROP OTHER Page: 4 of 4 LAST PAGE OF DATA CITY OF BROOKLYN CENTER Qx=il Meeting n ate 10/25/93 Agenda Item Number 10c REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTIONAPPROVING AFINANCING PROGRAM AND PROVIDING PRELIMINARY APPROVAL WITH RESPECT TO FINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC. AND CENTER PARK SENIOR APARTMENTS, INC. DEPT. APPROV �� L� ,E �- } Brad Hoff an, Director of Community Development MANAGER'S REVIEWlRECOMBffiNDATION: No comments to supplement this Commen 1 t t s re ort Co e is be ow attach ed PP P � • SLIVEVIARY EXPLANATION: (supplemental sheets attached X ) This request form is intended to amend the previous request form under Council item 10c. We now have the proper materials for this item. • M E M 0 R A N D V M TO: Brad Hoffman, DATE: October 21, 1993 City of Brooklyn Center FROM: Bruce Batterson, Faegre & Benson RE: Maranatha Refinancing Attached is a farm of approving resolution for consideration by the City Council after the public hearing Monday night. Maranatha ranatha Co r Conservative Baptist Home, Inc. and Center Park Senior ar A artmenta r ose to Apartments, Inc., which are related entities propose p refinance the Maranatha Place Apartments bonds and outstanding debt on the Maranatha Care Center nursing home and to finance improvements to the facilities. The Bonds will not be an obligation of the City, but will be payable solely from payments to be made by the Borrowers. This resolution is to satisfy Minnesota state law requirements to issue bonds and requirements f f or tax-exempt u is of federal tax law _ q a bon ds. We antic` h spate that the bond issue would be presented to the City Council for final approval in late November or early December. XFFOB33F.WP5 I Extract of Minutes of Meeting of the City Council of the City of Brooklyn Center, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Brooklyn Center, Minnesota was duly held at the City Fall in said City on , 1993 at 7:00 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that this was the time and place for a public hearing on the financing of certain facilities for Maranatha Consery alive o Baptist Tome, Inc. and Center Park Senior Apartments, Inc. The following ersons appeared: p pp At the close of the public hearing, Member introduced and read in full the following written resolution and moved its adoption: RESOLUTION APPROVING A FINANCING PROGRAM AND PROVIDING PRELIMINARY APPROVAL WITH RESPECT TO 'FINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC. AND CENTER PARK SENIOR APARTMENTS, INC. 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. ^ %f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A FINANCING PROGRAM AND PROVIDING PRELIMINARY APPROVAL WITH RESPECT TO FINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC. AND CENTER PARK SENIOR APARTMENTS, INC. B WHEREAS, a proposal has been made to this Council by Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc., both affiliated Minnesota nonprofit corporations (the "Borrowers "), that the City of Brooklyn Center issue its revenue bonds or other obligations in an aggregate principal amount not to exceed $4,500,000 (the "Bonds ") and adopt a program substantially in the form before this Council (the "Program ") pursuant to Minnesota Statutes Chapter 462C (the "Act ") in order to (i) refund at a discount the City's First Mortgage Elderly Housing Revenue Bonds, Series 1987 (Maranatha Place Project) that were issued to finance the acquisition and construction of a 65 unit multifamily rental housing and 7 unit assisted living project for the elderly and related facilities located at 5415 69th Avenue North in the City which will be owned by Center Park Senior Apartments, Inc. (the "Apartment Project "), (ii) refinance certain taxable debt incurred in connection with the Apartment Project, (iii) refund certain taxable debt previously incurred for improvement to a 106 bed nursing home located at 5401 69th Avenue North in the City which is owned by Maranatha Conservative Baptist Home, Inc. (the "Nursing Home "), (iv) pay certain costs for improvement of the Nursing Home, and (v) establish reserves and pay costs of issuance; and WHEREAS, in order to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 462C.04 of the Act, this Council conducted a public hearing on said proposal after published notice not less than 15 days prior to the date fixed for the hearing; NOW, THEREFORE, BE IT RESOLVED by this City Council as follows: 1. The Program, in the form presented to this Council, is approved for all purposes under the Act. 2. The refinancing of the Apartment Project by refunding of the City's First Mortgage Elderly Housing Revenue Bonds, Series 1987 (Maranatha Place Project); the refinancing of certain taxable debt incurred in connection with the Apartment Project and certain taxable debt previously incurred for improvement to the Nursing Home; and proposed improvements to the Nursing Home, and the financing thereof pursuant to the Act, are hereby approved Resolution No. for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. To accomplish said financing, the City shall issue the Bonds in an aggregate principal amount not to exceed $4,500,000, subject to final approval by this Council of the maturities, interest rates and other terms of the Bonds and the provisions for payment thereof. 3. The Borrowers, Faegre & Benson, as bond counsel, the City Manager, attorneys for the City, and other City officials are authorized to initiate the preparation of a proposed loan agreement and such other documents as may be necessary or appropriate to the Project so that, when and if this Council gives its final approval thereto, the Project may be carried forward expeditiously. 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. CITY OF BROOKLYN CENTER C=wZ Mooting Data 10/25/93 n g cn& Item N..bq P G REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING: WITH RESPECT TO REFINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC., AND CENTER PARK SENIOR APARTMENTS, INC. DEPT. APPROV _q: &' Brad Hoffman, Director of Community Development MANAGER'S REVIEW/RECOnIMENDATION: No comments to supplement this report Comments below /attached SU EWARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION 1. Carry this agenda item over to the next Council meeting (November 8, 1993). i MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE QF MINNESOTA REGULAR SESSION OCTOBER 14, 1993 CALL TQ ORDER The Planning Commission met in regular session and was called to order by Chair Pro Tern Holmes at 7:34 p.m. Chair Pro Tem Mark Holmes, Commissioners Bertil Johnson, Dianne Reem, Debra Hilstrom and Tim Willson. Chairperson Ella Sander and Robert Mickeison were excused from tonight's meeting. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Seeretary Carla Wirth. APPROVAL. OF MINUTES - AUGUST ST 26 9 993 Motion by Commissioner Johnson seconded by Commissioner Hilstrom to approve the minutes of the August 26, 1993, Planning Commission meeting as submitted. Voting in favor; Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against: none. The motion passed. CHAIRPERSONS EXPLANATION Chair Pro Tem Holmes explained that 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 Councfl makes all final decisions in these matters. APPLICATION NO 93012 (RYAN OLM Chair Pro Tem Holmes introduced the first item of business, a request from Ryan Olds for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Roulcvard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93012, attached), Commissioner Reem questioned deliveries made to the back of the parts storage addition. The Secretary pointed out the floor plan for this addition and location of the door. 10 -14 -93 1 i Commissioner Holmes questioned the need for a public hearing since the property already has a Special Use Permit. The Secretary responded an amendment to a Special Use Permit requires a public hearing. He added this process allows the Cit to address potential concerns. Commissioner Holmes questioned the proposed conditions for approval which require a site performance agreement. The Secretary explained any site improvements generally require a performance agreement and supporting financial guarantee to assure completion of the site improvements. He further explained the City's concern is to prevent developers from presenting and receiving approval on an elaborate plan and then not completing the plans as approved. He added the City also requires a one -year maintenance period before the financial guarantee is released. Commissioner Reem asked if a time period requiring completion of landscaping should be considered just in case the Brooklyn Boulevard Study is not completed or there is not enough funding. The Secretary agreed that perhaps the Planning Commission should consider waiving the landscaping requirements for a period of time, such as one year, to encourage the applicant to complete the landscaping work. Commissioner Willson indicated support of requiring a twelve month time limit to assure the landscaping requirements will be addressed even if the Brooklyn Boulevard Study is delayed. He added the Planning Commission could consider an extension, if necessary, at that time. He asked how the parking requirement would be affected if the Brooklyn Boulevard Study results in the loss of some parking spaces. The Secretary agreed the Brooklyn Boulevard Study could result in the Ioss of some parking spaces and the City would not support the loss of green space area. He added that these are matters that would need to be addressed at the time right -of -way would be acquired. Richard Haluptsok, Architect for Ryan Olds, explained there are two reasons for their expansion request; 1) the proposed addition allows them to decrease turn around time when servicing vehicles; and, 2) the customer service area will be relocated from the second-to the first floor. He cxplained the techniques for repairing and maintaining cars has changed and now involves more replacement than repair In response to Commissioner Holmes question, Mr. Haluptsok indicated Mr. Ryan is concerned with the Brooklyn Boulevard study requirements and supports the improved appearance of the entire site. He pointed out the site was completely resurfaced with blacktop this summer and indicated he feels providing appropriate landscaping will provide the key to improved appearance. Chair Pro Tem Holmes questioned the potential for another ingress /egress location. Mr. Haluptsok explained this matter has been discussed but they feel it is too early to make a determination. 1 10 -14 -93 2 PUBLIC CH AR NG (APPLICATION NO. 93012) Chair Pro Tem Holmes opened the meeting for the purpose of a public hearing on request for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard at 8:16 p.m. He inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and he entertained a motion to close the public hearing. CLOSE PUBLIC HEARING Thor was a motion by Commimioncr Hilstrom and seconded by Commissioner Reern to close the public hearing at 8:16 p.m. The motion passed unanimously. Commissioner Willson indicated support for including a time period restriction for submission of a landscaping plan. The Secretary stated it would be appropriate to place a condition of this type. Commissioner Johnson stated he does not think the Brooklyn Boulevard Study will be completed in 12 months and prefers avoiding the necessity of looking at landscaping twice. The Secretary explained the City could consider allowing an extension if the Study has not been completed within 12 months. He added tho City wants to submit roadway changes and configuration to Hennepin County by December of 1993. The Secretary asked if the site performance agreement requirement should be eliminated since no site improvements are being required at this time, or if it should remain in case the Shingle Creek Watershed Management Commission requires site improvements. Commissioner Willson indicated support for maintaining this requirement due to the Watershed's involvement. ACTION BE COMMENDING APPROVAL OF APPLICATION NQ, 9 012 JRYAN OLP-5) Motion by Commissioner Hilstrom and seconded by Commissioner Reem to recommend approval of Application No. 93012 submitted by Ryan ()ids for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard, subject to the following conditions; 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. (Note this condition may be eliminated if no site improvements are required by the Shingle Creek Watershed Management Commission.) 10 -14 -93 3 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be Connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 7. The special use permit is granted to the applicant for the addition proposed by these plans. Any expansion or alteration of the use shall require an amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could he grounds for revocation. 9. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The applicant shall agree, in writing, to comply with Watershed Management regulations prior to the issuance of permits for this project. 10. Additional landscaping shall not be required of the applicant at this time in lieu of the possibility of landscaping enhancements recommended by the Brooklyn Boulevard Enhancement Task Force, The applicant must provide an updated landscaping plan consistent with the Landscape Point System within twelve months from the date of approval, Voting in favor: Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against, none. The motion passed, The Secretary indicated this item will be considered by the City Council at their October 25, 1993, meeting. APPLICATION X10. 9 013 ,CSM CORPORATION} Chair Pro Tem Holmes introduced the next item of business, a request from CSM Corporation for site and building plan approval to construct a 23,250 square foot one- story office building at 3200 County Road 10. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No, 93013, attached), Commissioner Willson expressed concern that the driginal plat was not filed in a timely manner and asked if the timing allows the applicant to record the final plat prior to 10.14 -93 4 4 consideration of this application by the Planning Commission. The Secretary pointed out one of the proposed conditions of approval would require filing of the plat. He added that the applicant will not be able to obtain a building permit until the final plat has been approved and filed with the County, Commissioner Willson suggested this application be tabled to allow the applicant time to file the plat. The Secretary explained it has been the Planning Commission's policy to consider applications such as this with the condition requiring completion of the platting process. The Secretary explained the applicant is in the process of negotiating a lease for this building with the Internal Revenue Service (IRS) and it may take some time to complete. In the meantime, the plat will receive final City approval and be filed and recorded with Hennepin County. He reviewed the platting process and reiterated that a building permit will not be issued until the plat is filed, Chair Pro Tem Holm questioned the parking and landscaping maintenance requirements. The Secretary explained the parking areas could possibly be modified, however, the City would not want to see any landscaping eliminated from the plan. He added CSM manages this property and has done a good job in making sure it is well kept. Commissioner Willson questioned the location of the easement on the northeast side and asked if it will conflict with the building location. The Secretary responded this will be addressed by the City Engineer but that it did not appear to be in conflict with the building location, Bruce Carland, representing CSM Corporation, pointed out the location of the easement and explained they plan to use the existing building footings which were previously approved and do not conflict with the easement. With regard to the future possibility of a CUB or Rainbow Foods in this area, Mr. Carland reported they have never been contacted by either company regarding availability of property. In response to Commissioner Hilstrom's question, Mr. Carland stated the office tower is approximately 90% filled and the two one -story buildings are 75% to 80% occupied. He added the proposed building would be 100% occupied by the IRS on a ten year lease. He explained the IRS is currently located in one of the Earle Brown office buildings, however, it does not meet ADA compliance so they are hopeful they can attract them into the proposed building. Commissioner Willson reiterated his concern regarding the long period of time it has taken to file the plat, He stated he realizes the IRS lease is the economical incentive driving the platting process at this time. He added that this application presents a wonderful opportunity for both the City and CSM Corporation. 10 -14 -93 5 ACT ON RECOMMENDING AP ROVAL OF APPLICATION NO 930(CSM CORPORA110NI Motion by Commissioner Willson and seconded by Commissioner Johnson to recommend approval of Application No, 93013 submitted by CSM Corporation for site and building plan approval to construct a 23,250 square foot one- story office building at 3200 County Road 10, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits, 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. The site performance agreement currently being held for the completion of site improvements shall be continued to comprehend any and all site improvements comprehended by this application, 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in acc ordwice with Chapter 5 of the City ordinances. 6. Underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances, 8. B -6/12 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. A proof of parking agreement acknowledging the need to install up to five additional parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of permits. 10 -14 -93 6 12. Building permits shall not be issued until the plat comprehended under Planning Commission Application No. 90024 has been given final approval by the City council and filed with Hennepin County. Voting in favor: Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against: none, The motion passed. The Secretary indicated this item will be considered by the City Council at their October 25, 1993 meeting. RECESS Chair Pro Tem Holmes declared a recess at 9:15 p.m. The meeting was reconvened at 9:25 p.m. DISCUSSION ITEMS Moratorium and City Council direction to hold rezoning g earing on November 18 1993. The Secretary informed the Planning Commission that the City Council has directed the Planning Commission to hold a public hearing on November 18, 1993 to consider the rezoning of property south of 66th Avenue and north of I -694, between Willow Lane and Highway 252, The Secretary provided an in -depth review of recent Council action resulting in this direction and the short time schedule allowed. He explained the Planning Commission's recommendation should be available for Council consideration at their December 13, 1993 meeting in order to meet the end of January expiration of the moratorium. He added this matter should be handled as quickly as reasonable to avoid delay. Commissioner Hilstrom questioned the possible restriction on commercial development along the River, The Secretary explained that a meeting had been held with persons from the Department of the Interior National Park Service regarding that proposed legislation and they indicated their concern if development is within 340 feet of the ordinary high water mark or within 100 feet of the bluff line. He added he is not sure whether the area under consideration falls within these parameters. The Secretary reported he asked representatives of the National Park Service if the proposed legislation would specifically prohibit commercial development within this area. Thcy $aid it did not and left decisions of this type up to the local zoning authority. He added the National Park Service encourages the acquisition and development of park areas along this area of the River, however, Brooklyn Center has already provided a lot of open public space along the River. 10 -14 -93 7 Tom Kouri, 6416 Willow bane, stated the Scenic River Act includes recommendations which are clear. He reviewed several which emphasize residential and open space land uses, and discourages activities that do not relate or contribute riv r g toth e erfront o could have a detrimental effect. The Secretary commented the area that abuts, or is within the 300 foot area, is consistent with the guidelines contained in the Scenic River Act, Commissioner Willson requested a copy of the Scenic River Act for the Planning Commission's review, Commissioner Willson stated he feels the reasons for denial of the Holiday application are still valid. Commissioner Hilstrom asked staff to provide the Planning Commission with a map indicating the area included within 300 feet of the Mississippi River, The Secretary reviewed overheads of possible zoning configurations as included in the previously completed SEH report as well as the plan recommended for approval at that time by the Planning C ommimion, He requested direction from the Planning CO. mmission regarding the area involved for rezoning and the zoning classification under consideration. He indicated support for zoning property south of 66th Avenue to 65th Avenue between Willow Lane and Highway 252, as C -1 (service /office) even though it would result in down zoning the property and creating some nonconforming uses. A lengthy discussion was held regarding various options of property and zoning configurations as well as existing land uses. The Secretary reviewed each zoning district and allowable uses within each. A general consensus was reached that all industrial zones were undesirable, it was also felt that C -2 was inappropriate since 24 -hour operations are permitted uses. Discussion then turned to residential districts, with the Commission indicating R-4 and R -5 would not be appropriate since they allow two- and three -story buildings and generate increased traffic levels. The Planning Commission then discussed R -1, R -2 and R -3 permitted uses. The Secretary pointed out the courts may feel that rezoning to R -1 results in devaluing the property to the point where it is not economically feasible to develop it. He added a G1 zoning would not deny the reasonable use a the property or devalue it beyond development Commissioner Reem questioned whether property south of 65th Avenue to I694, between Willow Lane and Highway 252, could be rezoned. The Secretary explained it could be included if the Commission so desires. The Planning Commission discussed access options to this area. The Secretary indicated the City would discourage using Willow Lane for access to this property. 10-14-93 14 93 8 Commissioner Reem asserted the Atkins family has the right to sell this property or use it and she felt rezoning the entire area between 46th and 65th Avenues, rather than dividing it into parcels, will enhance the property. Chair Pro Tern Holmes supported the previous Commission recommendation following the SEH study which recommended C -1 in this area. He also indicated support for allowing some flexibility in combining the development of expanded areas with a PUD process. Commissioner Johnson questioned the City's intention for the R -5 property they currently own on the west wide of Willow Lane adjacent to the Atkin's property. The Secretary explained demolition bids arc being obtained and the property will probably be held until it can be included in a plan to redevelop the block. The Secretary reviewed the letter received from Tom Kouri indicating the neighborhood resident's overwhelming approval for the denial of the Holiday Superstation's application, the moratorium period and their desire to play a meaningful role with the City in the formulation of this comprehensive study. The Secretary informed the Planning Commission of the public hearing, mailed notice and publication process involved with this request. He pointed out that a Comprehensive Plan amendment process will also need to be undertaken if the intent is to rezone to something other than the current C -2. Commissioner Willson suggested public hearing notices also be sent to residents who have been in attendance at meetings, regardless of whether or not they are within the required 350 foot area. 1- Kovn urged the Planning Commission to not dismiss the possibility of having a lower uensity residential use, such as R -1, along Willow Lane, He asserted there are a lot of very nice homes next to freeways with berms to screen traffic. He stated neighborhood residents are interested in becoming involved in the process before a decision is made. Rod Snyder, 6408 Willow Lane, stated if people can afford to build away from freeways they will, but a berm such as located along Highway 252 blocks out the freeway traffic. He added the Secretary provided compelling reasons to consider C -1 but he hoped the Commission would not dismiss the potential for R-Itz He asserted the same test to determine a reasonable use would be strong for R -1 since abutting property is R -1. He suggested a realtor and developer be hired to make an assessment of uses for this property. Commissioner Johnson pointed out the City has already hired experts in land use when the SEH Study was completed, and none of the studies have indicated R -1 was a reasonable use. He added the Commission did previously discuss the potential for having townhouses on the east side (facing Willow Lane) and commercial on the west side (facing Highway 252). 10 -14 -93 9 Commissioner Reem added zoning the area west of Willow Lane as residential results in shifting the problem to the next tier of residences. The Secretary pointed out that R -1 would not work based on economics and the costs involved in acquiring property, demolishing and clearing the land, and building new single- family homes on minimum sized lots are prohibitive. Mr. Kouri stated residences along Willow Lane would have a partial view of the River and be very close to the trail way. He added this is a desirable area and he feels people will be willing to build fairly expensive homes in this area. Chair Pro Tern Holmes stated based on the history of this matter and previous studies, he supports rezoning of the area between both and 65th Avenues, from Willow Lane to Highway 252 to C -1. Commissioner Johnson concurred stating he does not feel a rezoning to R -1 would be supported if the action was challenged and went to court. Commissioner Willson stated at this point in time C -1 is the most reasonable zoning and the process of looking at this property will continue depending on projects that are submitted. He indicated support of rezoning the mentioned area to C -1 but does not want to rule out any debate at the public hearing about a residential zoning, The Secretary stated he understands the resident's desire to have residential along Willow Lane, however he did not feet this was a reasonable expectation due to economics. He added the public hearing would be an appropriate time for residents and others to submit compelling arguments to consider another zoning classification. Moved by Commissioner Willson and seconded by Commissioner Reem to direct staff to prepare, published and mailed public hearing notices that the Planning Commission will conduct a hearing on November 18, 1993, to consider the rezoning of the property south of 66th Avenue to 65th Avenue between Willow Lane and Highway 252, from C-2 to C -1. Voting in favor; Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against: none. The motion passed, .OTHER BUSINESS The Secretary reported the next Planning Commission agenda will include a request for Rezoning and Comprehensive Plan amendment, and a request for Preliminary Plat approval involving a Planned Unit Development proposed for Brookdale Chrysler. Commissioner Reem questioned the activity taking place at 65th Avenue and 694. The Secretary explained soil borings were being conducted, 10 -14 -93 10 Commissioner Reem announced the Council will be holding a meeting on October 25, 1993, and one of the topics will be the MTC Park and Ride Lot. The Secretary provided a brief update on this project. Commissioner Reem questioned the sign change at the Holiday Station located at 69th Avenue and Brooklyn Boulevard. The Secretary explained the owner is no longer involved with the Holiday Company and the gas station is now with Mobile. He added the station owner has not moved forward with the previously approved plans for the car wash expansion. Commissioner Hilstrom questioned progress being made with the Wendy's Restaurant. Ile Secretary explained asbestos was discovered during the demolition of the building which resulted in a delay, however, they will be moving forward shortly. Commissioner Reem asked when the next Brooklyn Boulevard Task Force meeting will be held and requested advanced notification. The Secretary indicated he will check with Brad Hoffman to determine the next meeting date. ADJOURNMENT Motion by Commissioner Hilstrom seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 11:13 p.m. Chair Pro Tem Mark Holmes Recorded and transcribed by: Carla 'Wirth TimcSavcr Off Sitc Smrctarial 10 -14 -93 11 Planning Commission ' g sion In formation Sheet Application No.: 93012 Applicant: Robert C. Ryan Location: 6700 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant (Mr. Richard Haluptsok, Architect for Robert C. Ryan) is seeking site and building approval and a special use permit to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard. The property in question is zoned C2 and the sale of motor vehicles at retail is a special use in that zoning district. The subject site is located at the northeast quadrant of Brooklyn Boulevard and I -94. It is surrounded on the north by Brookdale Dodge (formerly Northstar Dodge) ; on the east by Victoria Townhouses and four single family residences facing Grimes Ave.; on the south by the off ramp leading from I -94 to Brooklyn Boulevard; and on the west by Brooklyn Boulevard with Iten Chevrolet located across Brooklyn Boulevard from the site. The proposal calls for an 8 by 20 addition containing a main floor and mezzanine to the westerl of the existing y portion service building and an approximate 30' by 48' addition to the easterly r rear portion of the exist y ( ) ui P b service building. The purpose of the additions are to remodel, relocate and /or P rovide new customer waiting areas, rest room, cashier, employee lounge, locker room and rest room area as well as parts storage. No other alterations or changes are being proposed for this 6.47 acre site. Generally, the City takes the opportunity to assure compliance with current zoning and site requirements when additions are made to existing properties. The last major addition to Ryan Olds was in 1981 when they moved in a used car sales building and made an addition to the then existing new car sales building. Because this site is over five acres, review by the Shingle Creek Watershed Management Commission and compliance with their development regulations is required. Ponding ki and/or control over the rate and water quality of run -off is a concern. The City is also looking at Brooklyn Boulevard enhancements and there is a high g probability that Brooklyn Boulevard ma be widened dened and median and access improvements may Y be made in the relatively near may future which affect this site a Y swell. W i e are therefore reluctant to insist on additional tional improvements mprovements at this time. ACCESS /PARKING Access to the site is unchanged and the additions do not generate a need for any additional parking. The addition to the rear is for parts storage. Expansion of the service bays would conflict with the zoning ordinance provisions that do not allow automotive repair to abut R1, R2 or R3 zoned property, at a property line. The Ryan Olds property does abut both R1 and R3 property along their east property line. That area currently contains an existing screen 10 -14 -93 _1_ Application No. 93012 continued fence. It should be noted that the expansion to the front of the building still leaves minimum 24' wide driving lanes in this area. Also, no parking is eliminated or displaced by the additions. We are not aware of any on site parking deficiencies and, therefore, are recommending no alterations. GRADING /DRAINAGE /UTILITIES No changes are proposed to this site with respect to grading, drainage and utilities. The City Engineer is preparing written comments relating to this proposal. As mentioned previously, Watershed approval is required and compliance with Watershed regulations is expected. The nature of ossi p bly changes in the area may be reason for not requiring major alterations at this time. The applicant and staff will need to pursue this with the Watershed Commission. Compliance with Watershed regulations is expected and we recommend that formal written acknowledgement of this be provided by the applicant prior to the issuance of building permits for this project. LANDSCAPING The applicant has submitted a plan showing existing landscaping on the site and how it meets with the City's landscape point system. This 6.24 acre site requires a total of 415 landscape points. The existing landscaping provides 421.5 points but 390 of those points are because of existing shade trees. Our point system does not allow more than 50% of the total number of points to be in shade trees (see copy of the landscape point system attached). The site is given credit for 242. t 5 mints requiring an additional 172.5 points. In such a case we would normally require additional landscaping made up of coniferous trees, decorative trees and shrubs to meet the point deficit. The Commission may wish to waive this again in light of the Brooklyn Boulevard enhancement study. The area where we would most likely look for additional landscaping would be along the Brooklyn Boulevard greenstrip which may be affected by the Brooklyn Boulevard enhancement study. BUILDING The applicant has provided building elevations showing the addition. They propose to have the addition match the existing building materials. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for this special use permit and notices have been sent. Attached for the Commission's review is a co of section 35 -22 0 containing ntaining the five standards fors special u ermi do use permits. We not find nd an P conflicts with the standards for Y o special use permits given the site lan and proposal submitted P P P by the applicant. . 10 -14 -93 -2- Application No. 93012 continued RECOMMENDATION All together we believe the lans and special use permit appear to b i P P p pp e n order. Approval is, therefore, recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, draining and utility plans are subject to review by the City Engineer prior to the issuance of permits. 3. The site erformance agreement and supporting financial P in an g PP b g amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. (Note this condition may be eliminated if no site improvements are required.) 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. The special use permit is granted to the applicant for the addition proposed by these plans. Any expansion or alteration of these plans shall require an additional amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 9. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The applicant shall agree, in writing, to comply with Watershed Management regulations prior to the issuance of permits for this project. 10. Additional landscaping shall not be required of the applicant, in lieu of the possibility of landscaping enhancements recommended by the Brooklyn Boulevard Enhancement Task Force. 10 -14 -93 -3- Planning Commission Information Sheet Application No: 93013 Applicant: Bruce Carland, on behalf of CSM Corporation Location: 3200 County Road 10 Request: Site and Building Plan Approval The applicant is requesting site and building plan approval for a 23,250 square foot one story office building at 3200 County Road 10. The property is question is zoned ClA and is bounded on the north by single family residential homes: on the east by Honeywell Credit Union and Northway Drive; on the south by County Road 10; and on the west by the five story Brooklyn Crossing office building. Office buildings, including office buildings with no height limitation, are permitted uses in this zoning district. The site in question contains two existing one story office building, one is 7,200 square feet and the other is 8,400 square feet. These two one story office buildings were part of a five building office complex which was approved for this site in 1986 under Planning Commission Application No. 86025. Since the approval of that application, the current owners have proposed a new land configuration and reduced the size of one of the three remaining office building pads from 8,400 square feet to 6,000 square feet. This was comprehended under Planning Commission Application No. 90024 which consisted of a preliminary plat shifting the west property line of this site in order to accommodate some medical usage of the five story Brooklyn Crossing office building and some medical occupancy of the existing one story office buildings on this site. (Note: Medical office space requires a greater parking requirement than does regular office- space -one space for every 150 square feet of gross floor area as opposed to one space for every 200 square feet of gross floor area for non - medical office space). The three northerly one story office buildings approved under Planning Commission Application No. 86025 will now be replaced by a single 23,250 square foot one story office building which is proposed to be built.and house the IRS which is currently located in Brooklyn Center. ACCESS /PARKING The primary access to the site is from a 30' wide driveway located to the south of the proposed new building. This access is a shared access with the five story Brooklyn Crossing office building to the west, as well as the two one story office buildings to the south. Another access to the site from Northway Drive is located easterly of the proposed new building. A driveway around the north side of the new building connects to the parking lot located to the west. Joint access arrangements have been previously executed between these properties providing access between the sites. No access is gained from Brooklyn Boulevard nor from County Road 10. As with past approvals, Hennepin County has no intention of allowing any accesses to these sites from either Brooklyn Boulevard or County Road 10. These type access arrangements have been prohibited since the original approvals for office development of this site going back to 1981. Parking is perhaps the biggest concern with respect to this new development proposal. As indicated previously, in 1990 the applicant proposed to replat the two sites (Brooklyn Crossing five story office building site and the site for the five one story office buildings) to accommodate parking for medical occupancies in the buildings. That plat was not filed, however, the applicants are now proceeding to file that plat. Certain medical space limitations have been filed as deed restrictions to the properties and should continue as they are still in effect today. Parking for the site under consideration must meet these needs as well as the needs for the new 23,000 plus square foot building proposed under this application. A review of the parking formulas for this site indicate that the southwesterly building may have up to 1,000 square feet devoted to medical uses with the remaining 7,400 square feet limited to general office uses. Forty four parking spaces are required on the site for this existing building (1,000 square feet divided by 150 equals 7, and 7,400 square feet divided by 200 equals 37). The southeasterly building has no medical uses and is required to have 36 parking spaces (7,200 square feet divided by 200). Parking for the new 23,250 square foot building is based on the reduced parking formula of GFA divided by GFA times .0005 plus 190 or 115 parking spaces. A total of 195 parking spaces is, therefore, required. The proposed plan shows on site parking for 190 or a shortage of 5 parking spaces. The applicant proposes to offset this by providing a proof of parking plan showing how the site can be modified to provide the required 195 parking spaces. Additional stalls can be realized on the north side of the site by shortening the length of the parking rows west of the new building . The applicant would be required to enter into a proof of parking agreement with the City acknowledging their responsibility to install the required parking spaces upon a determination by the City that they are needed. GRADING /DRAINAGE /UTILITIES The City Engineer is reviewing the submitted plans for grading, drainage and utilities. Generally, the plans are unchanged from that approved in 1986 for the five one story buildings other than altering the location for new utility lines to the building. Drainage and grading are basically the same as they were in 1986. The size of the site under consideration is approximately 4.17 acres. Watershed Commission review is not required because the size of this site is under five acres. The City Engineer is preparing written comments relating to his review of the proposed plans. One thing we have noticed is the property line separating the two properties is in error on the site drawings submitted. The lot line should actually be about 24 feet easterly of where it is shown on the site plans based on the survey and plat drawings submitted. This does not alter the report as the information provided is based on the proper location of the property line. However, the site plans should be changed to indicate the proper location of this property line. 10 -14 -93 -2- LANDSCAPING Landscaping is a continuation of the plans submitted in 1986 but altered to accommodate the new building and its location. Four hundred and forty landscape points are required for this four plus acre site. A Sugar Maple, Red Maple, Little Leaf Linden, and a Flowering Dogwood are proposed to be planted in a grouping along with ten Purple Leaf Sand Cherries along the south side of the building. The plan calls for six Little Leaf Linden along the northside of the building. Planting areas containing a Red Maple surrounded by Purple Leaf Sand Cherries and Pfitzer Junipers are located on either side of the walkway leading from the west side of the building. Four Red Maple g p are located east of the parking lot and a Red Maple, a Little Leaf Linden and a Flowering Dogwood are at the southeast corner of the building close to the east entrance to the site from Northway Drive. BUILDING The building exterior will be a face brick to match the existing buildings with a prefinished metal coping along the top with anodized aluminum window frames and solar bronze glazing. Building accesses are two on south side of building and one each on east and west side of the building. A trash enclosure is to be located at northeast corner of the site. RECOMMENDATION All and all the plans seem to be in order and approval of this application is recommended subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior y g p or to issuance of permits. 3. The site performance agreement currently being held for the completion of site improvements shall be continued to comprehend any and all site improvements comprehended by this application. 4. An outside trash disposal o facilities r Y sand rooftop mechanical equipment p p eq pment shall be appropriately screened from view. 5. The building is to be equipped with automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Under ground irrigation system shall be installed in all g Y landscaped areas to facilitate site maintenance. 10-14-93 -3- 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-6/12 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. A proof of parking agreement acknowledging the need to install up to five additional parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of permits. 12. Building permits shall not issued until the plat comprehended under Planning Commission Application No. 90024 has been given final approval by the City Council and filed with Hennepin County. 10 -14 -93 -4- CITY OF BROOKLYN CENTER Council Meeting Date /('f REQUEST FOR COUNCIL CONSIDERATION Agenda hem Number / /GL * * * * * * * * * * ** ITEM DESCRIPTION: Planning Commission Application No. 93012, submitted by Ryan Olds DEPT. APPROVAL: RONALD A. WARREN, PLANNING AND ZONING SPECIALIST ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * ** * ** * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Planning Commission Application No. 93012 submitted by Ryan Olds is a request for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard. This application was considered by the Planning Commission or October 14, 1993. Attached for the Council's review are minutes and information sheets from that meeting, an area map showing the location of the subject site and site plans. A public hearing was held by the Planning Commission relating to the approval special use permit. Notice of the Council's consideration have also been sent out. Recommendation The Planning Commission recommended approval of this application subject to the conditions and considerations listed in the October 14, 1993 Planning Commission minutes. • S Planning Commission Information Sheet Application No.: 93012 Applicant: Robert C. Ryan Location: 6700 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant (Mr. Richard Haluptsok, Architect for Robert C. Ryan) is seeking site and building approval and a special use permit to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard. The property in question is zoned C2 and the sale of motor vehicles at retail is a special use in that zoning district. The subject site is located at the northeast quadrant of Brooklyn Boulevard and I -94. It is surrounded on the north by Brookdale Dodge (formerly Northstar Dodge) ; on the east by Victoria Townhouses and four single family residences facing Grimes Ave.; on the south by the off ramp leading from I -94 to Brooklyn Boulevard; and on the west by Brooklyn Boulevard with Iten Chevrolet located across Brooklyn Boulevard from the site. The proposal calls for an 8' by 20' addition containing a main floor and mezzanine to the westerly portion of the existing service building and an approximate 30' by 48' addition to the easterly (or rear) portion of the existing service building. The purpose of the additions are to remodel, relocate and /or provide new customer waiting areas, rest room, cashier, employee lounge, locker room and rest room area as well as parts storage. No other alterations or changes are being proposed for this 6.47 acre site. Generally, the City takes the opportunity to assure compliance with current zoning and site requirements when additions are made to existing properties. The last major addition to Ryan Olds was in 1981 when they moved in a used car sales building and made an addition to the then existing new car sales building. Because this site is over five acres, review by the Shingle Creek Watershed Management Commission and compliance with their development regulations is required. Ponding and /or control over the rate and water quality of run -off is a concern. The City is also looking at Brooklyn Boulevard enhancements and there is a high probability that Brooklyn Boulevard may be widened and median and access improvements may be made in the relatively near future which may affect this site as well. We are, therefore, reluctant to insist on additional site improvements at this time. ACCESS /PARKING Access to the site is unchanged and the additions do not generate a need for any additional parking. The addition to the rear is for parts storage. Expansion of the service bays would conflict with the zoning ordinance provisions that do not allow automotive repair to abut Rl, R2 or R3 zoned property, at a property line. The Ryan Olds property does abut both Rl and R3 property along their east property line. That area currently contains an existing screen 10 -14 -93 _1_ r Application No. 93012 continued fence. It should be noted that the expansion to the front of the building still leaves minimum 24' wide driving lanes in this area. Also, no parking is eliminated or displaced by the additions. We are not aware of any on site parking deficiencies and, therefore, are recommending no alterations. GRADING /DRAINAGE /UTILITIES No changes are proposed to this site with respect to grading, drainage and utilities. The City Engineer is preparing written comments relating to this proposal. As mentioned previously, Watershed approval is required and compliance with Watershed regulations is expected. The nature of possibly changes in the area may be reason for not requiring major alterations at this time. The applicant and staff will need to pursue this with the Watershed Commission. Compliance with Watershed regulations is expected and we recommend that formal written acknowledgement of this be provided b the e a licant prior to the i P e ssuan o Y PP P issuance f building permits for this project. LANDSCAPING The applicant has submitted a plan showing existing landscaping on the site and how it meets with the City's landscape point system. This 6.24 acre site requires a total of 415 landscape points. The existing landscaping provides 421.5 points but 390 of those points are because of existing shade trees. Our point system does not allow more than 50% of the total number of points to be in shade trees (see copy of the landscape point system attached). The site is given credit for 242.5 points requiring an additional 172.5 points. In such a case we would normally require additional landscaping made up of coniferous trees, decorative trees and shrubs to meet the point deficit. The Commission may wish to waive this again in light of the Brooklyn Boulevard enhancement study. The area where we would most likely look for additional landscaping would be along the Brooklyn Boulevard greenstrip which may be affected by the Brooklyn Boulevard enhancement study. BUILDING The applicant has provided building elevations showing the addition. They propose to have the addition match the existing building matetlals. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for this special use permit and notices have been sent. Attached for the Commission's review is a copy of section 35 -220 containing the five standards for special use permits. We do not find any conflicts with the standards for special use permits given the site plan and proposal submitted by the applicant. 10 -14 -93 -2- Application No. 93012 continued RECOMMENDATION All together we believe the plans and special use permit appear to be in order. Approval is, therefore, recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, draining and utility plans are subject to review by the City Engineer prior to the issuance of permits. 3. The site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. (Note this condition may be eliminated if no site improvements are required.) 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. The special use permit is granted to the applicant for the addition proposed by these plans. Any expansion or alteration of these plans shall require an additional amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 9. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The applicant shall agree, in writing, to comply with Watershed Management regulations prior to the issuance of permits for this project. 10. Additional landscaping shall not be required of the applicant, in lieu of the possibility of landscaping enhancements recommended by the Brooklyn Boulevard Enhancement Task Force. 10 -14 -93 -3- 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be Connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 7. The special use permit is granted to the applicant for the addition proposed by these plans Any expansion or alteration of the use shall require an amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could he grounds for revocation. 9. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The applicant shall agree, in writing, to comply with Watershed Management regulations prior to the issuance of permits for this project. 10. Additional landscaping shall not be required of the applicant at this time in lieu of the possibility of landscaping enhancements recommended by the Brooklyn Boulevard Enhancement Task Force, The applicant must provide an updated landscaping plan consistent with the Landscape Point System within twelve months from the date of approval, Voting in favor: Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Reem and Willson Voting against, none, The motion passed, The Secretary indicated this item will be considered by the City Council at their October 25, 1993, meeting. _APPLICATION PTO 93013 MM CORPORATION) Chair Pro Tem Holmes introduced thq next item of business a request f rom CS M � q Corporation for site and budding plan approval to construct a 23,250 square foot one- story office building at 3200 County Road 10. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No 93013 attached). Commissioner Willson expressed concern that the original plat was not filed in a timely manner and asked if the timing allows the applicant to record the final plat prior to 10.14 -93 4 .,, ,s - ♦�, ♦ 43 FA e . _ ,�,., ,, • �. ♦ �� � a ♦♦ ♦ _ �....,� ♦ �► / 11111 I N .. •� ♦i �rQ mm �i►. � 1 111111 `•••►�►� �• ��� ��� / /11� �� ,■,11111 11 ,. � : � ♦ ���♦ ♦ ♦��i111111111� .■m ., ♦ ♦ ♦♦ ♦ ♦ � �'�111 1 111111' 1� ► ' � • ., �,�;i �� �'�s ♦ ��'� 1 ji � ..l 111 111 111. 1 1111 ; ► = . �� :� ,,. �„� /II/ �.�III 111 �, � -• ■ � - 1 11111 r � 11 ■�1 �� 111 1111111 11111E 11 .111 1 111111 Ili ���I��� 1111 �� � . • „ 1111 � 1 111111 111111 111 ° • � , *•�' .!` 111111 1111111 �o111 oil � 1111111 �; � ` ► ,. =. =■ 111 ,, ::�� 1� •' ' C . C� 1 1111 1/ �'= /►/�11 „ -,, +� / .:! ..� �� 111 111 • ��/ � � ,� ► i ��`" :: �� 1111 � ". t :11111��Iv � � • 11 1111 � C � /� � ,. : 11 1111111 �� �� � ���.. � � ■c���t ■ � ;� .. � 111 v� I ►♦ �; ♦� ., .. 1 1111. . 111111111 _`` ♦ ♦ ♦ 11111111 11 �. 1111111 `� �� ► .. : �� 11 111111 11 KKE . �_ � "`" Knnnnsk� Knnk [rlcJ<saa '. e'.sr uv Beau' e�e�. nou _ RYAN OLDS 1 � -pr -� r BFi00fQYN CENTER MN �' \c.�e,�uo • e cue �.,�o., ELEVATIONS SCAU 1 /8-- M1v a�*w,a wx cw. •i w � a a.. w A3 arv.a w r KK __._---- - - - - -- - R0t6Yrt ky clank Erkkwm AMchluct6, Inc. _ - - - --' )w /4w M.0 -' - -- 61L319J21Y/mV 5N01 ")11736, 1 '. I CL RYAN OLDS u�c G BROOKLYN CENTER MP I T I dp ^ \ x G. V \ y A ' siTE PLAN SCALE 32-(r Non r" /\ \ i � Pgro W p- 1?IZIt-0t M ��— A 1 o.o.c w w KK Korsunsk7 Krank Erkkb - - - --- 1 Aflhilrus. lac xl —pA.. I. 77.01 61, 119 . M0 '. 1 M ' Obi 1 w 4 uj RYAN OLDS I f k flJ BROOKLYN CENTER MN I EXISTING / LANDSCAPE PLAN SCN_E 1'- 77-0' NORTH ay.. \ / r LANDSCAPE PLANTINGS LANDSCAPE POINTS REQUIRED: Mr f1.1.tr o"°ar t" �/ • K � r �.eu.f iw c♦ s e m us __ _ i f.l.....e t•+c .+s ro.rls EXISTING LANDSCAPE PONTS: nwa•..•{ 1 r if n.A . a< if -- w.w..af .. I .f r ✓ff �— •s�f ra.n. i.c5 I.g.CM 0 -10- 12-41 71.r , / NOTE LANDSCAPE PLANTINGS ARE PLANNED E BE oa. F7n -A REMOVED EO LA RELOCATED W THE AJN AS AS SHOWN SCOPE T % P..,. h ALL SIZE PLANTINGS iWGS ARE TO RERWN DWIJ ON THIS L l EXISTING LANDSCAPE PLAN o� +erg r - r' KK r i ' � ' I � f •1� qW .'' i Sr•Uf{�• f — F• � .'.w'•w�'r ♦ . _._ / W .i 1. I F �FG��i!' "G`#iI -�lYt 1C r _ "n � � 3 q � • .i JG _ t , rr� Y Q D ~' �.ta.•.�. Lw•••� -- ,•., �' � r �iti , 3 C ' , ,. f . • 'i Mt....•.- �. Mme' GMroMw' . MAIN LEVEL FLOOR PLAN MEZZANINE LEVEL FLOOR PLAN Co afJO.4naa . l�.w ; ;Y `I =� OGALl U4'• I' -0' 64ALZ, 1/4' • 1' -0' 4iM� CITY OF BROOKLYN CENTER Council Meeting Date Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 93013, submitted by CSM DEPT. APPROVAL. RONALD A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Planning Commission Application No. 93013 submitted by CSM Corporation is a request for site and building plan approval to construct a 23,250 square foot one -story office building at 3200 County Road 10. This application was considered by the Planning Commissiion on October 14, 1993. Attached for the Council's review are minutes and information sheets from that meeting, an area map showing the location of the subject site and site plans. Recommendation The Planning Commission recommended approval of this application subject to the conditions and considerations listed in the October 14, 1993 Planning Commission minutes. Planning Commission Information Sheet Application No: 93013 Applicant: Bruce Carland, on behalf of CSM Corporation Location: 3200 County Road 10 Request: Site and Building Plan Approval The applicant is requesting site and building plan approval for a 23,250 square foot one story office building at 3200 County Road 10. The property is question is zoned C1A and is bounded on the north by single family residential homes: on the east by Honeywell Credit Union and Northway Drive; on the south by County Road 10; and on the west by the five story Brooklyn Crossing office building. Office buildings, including office buildings with no height limitation, are permitted uses in this zoning district. The site in question contains two existing one story office building, one is 7,200 square feet and the other is 8,400 square feet. These two one story office buildings were part of a five building office complex which was approved for this site in 1986 under Planning Commission Application No. 86025. Since the approval of that application, the current owners have proposed a new land configuration and reduced the size of one of the three remaining office building pads from 8,400 square feet to 6,000 square feet. This was comprehended under Planning Commission Application No. 90024 which consisted of a preliminary plat shifting the west property line of this site in order to accommodate some medical usage of the five story Brooklyn Crossing office building and some medical occupancy of the existing one story office buildings on this site. (Note: Medical office space requires a greater parking requirement than does regular office - space -one space for every 150 square feet of gross floor area as opposed to one space for every 200 square feet of gross floor area for non - medical office space). The three northerly one story office buildings approved under Planning Commission Application No. 86025 will now be replaced by a single 23,250 square foot one story office building which is proposed to be built and house the IRS which is currently located in Brooklyn Center. ACCESS /PARKING The primary access to the site is from a 30' wide driveway located to the south of the proposed new building. This access is a shared access with the five story Brooklyn Crossing office building to the west, as well as the two one story office buildings to the south. Another access to the site from Northway Drive is located easterly of the proposed new building. A driveway around the north side of the new building connects to the parking lot located to the west. Joint access arrangements have been previously executed between these properties providing access between the sites. No access is gained from Brooklyn Boulevard nor from County Road 10. As with past approvals, Hennepin County has no intention of allowing any accesses to these sites from either Brooklyn Boulevard or County Road 10. These type access arrangements have been prohibited since the original approvals for office development of this site going back to 1981. Parking is perhaps the biggest concern with respect to this new development proposal. As indicated previously, in 1990 the applicant proposed to replat the two sites (Brooklyn Crossing five story office building site and the site for the five one story office buildings) to accommodate parking for medical occupancies in the buildings. That plat was not filed, however, the applicants are now proceeding to file that plat. Certain medical space limitations have been filed as deed restrictions to the properties and should continue as they are still in effect today. Parking for the site under consideration must meet these needs as well as the needs for the new 23,000 plus square foot building proposed under this application. A review of the parking formulas for this site indicate that the southwesterly building may have up to 1,000 square feet devoted to medical uses with the remaining 7,400 square feet limited to general office uses. Forty four parking spaces are required on the site for this existing building (1,000 square feet divided by 150 equals 7, and 7,400 square feet divided by 200 equals 37). The southeasterly building has no medical uses and is required to have 36 parking spaces (7,200 square feet divided by 200). Parking for the new 23,250 square foot building is based on the reduced parking formula of GFA divided by GFA times .0005 plus 190 or 115 parking spaces. A total of 195 parking spaces is, therefore, required. The proposed plan shows on site parking for 190 or a shortage of 5 parking spaces. The applicant proposes to offset this by providing a proof of parking plan showing how the site can be modified to provide the required 195 parking spaces. Additional stalls can be realized on the north side of the site by shortening the length of the parking rows west of the new building . The applicant would be required to enter into a proof of parking agreement with the City acknowledging their responsibility to install the required parking spaces upon a determination by the City that they are needed. GRADING /DRAINAGE /UTILITIES The City Engineer is reviewing the submitted plans for grading, drainage and utilities. Generally, the plans are unchanged from that approved in 1986 for the five one story buildings other than altering the location for new utility lines to the building. Drainage and grading are basically the same as they were in 1986. The size of the site under consideration is approximately 4.17 acres. Watershed Commission review is not required because the size of this site is under five acres. The City Engineer is preparing written comments relating to his review of the proposed plans. One thing we have noticed is the property line separating the two properties is in error on the site drawings submitted. The lot line should actually be about 24 feet easterly of where it is shown on the site plans based on the survey and plat drawings submitted. This does not alter the report as the information provided is based on the proper location of the property line. However, the site plans should be changed to indicate the proper location of this property line. 1 10 -14 -93 -2- LANDSCAPING Landscaping is a continuation of the plans submitted in 1986 but altered to accommodate the new building and its location. Four hundred and forty landscape points are required for this four plus acre site. A Sugar Maple, Red Maple, Little Leaf Linden, and a Flowering Dogwood are proposed to be planted in a grouping along with ten Purple Leaf Sand Cherries along the south side of the building. The plan calls for six Little Leaf Linden along the northside of the building. Planting areas containing a Red Maple surrounded by Purple Leaf Sand Cherries and Pfitzer Junipers are located on either side of the walkway leading from the west side of the building. Four Red Maple are located east of the parking lot and a Red Maple, a Little Leaf Linden and a Flowering Dogwood are at the southeast corner of the building close to the east entrance to the site from Northway Drive. BUILDING The building exterior will be a face brick to match the existing buildings with a prefinished metal coping along the top with anodized aluminum window frames and solar bronze glazing. Building accesses are two on south side of building and one each on east and west side of the building. A trash enclosure is to be located at northeast corner of the site. RECOMMENDATION All and all the plans seem to be in order and approval of this application is recommended subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to issuance of permits. 3. The site performance agreement currently being held for the completion of site improvements shall be continued to comprehend any and all site improvements comprehended by this application. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Under ground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10 -14 -93 -3- 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the i City Ordinances. 8. B -6/12 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. A proof of parking agreement acknowledging the need to install up to five additional parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of permits. 12. Building permits shall not issued until the plat comprehended under Planning Commission Application No. 90024 has been given final approval by the City Council and filed with Hennepin County. 10 -14 -93 -4- AC1' ON RECOMMENDING APP ROVAL OF APPLICATIO NO 933013 (CSM CORPORATION) Motion by Commissioner Willson and seconded by Commissioner Johnson to recommend approval of Application No. 93013 submitted by C5M Corporation for site and building plan approval to construct a 23,250 square foot one- story office building at 3200 County Road 10, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. The site performance agreement currently being held for the completion of site improvements shall be continued to comprehend any and all site improvements comprehended by this application. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in ac :urdwice with Chapter 5 of the City ordinances. 6. Underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B -6/12 curb and all kin in areas. r vided a rou nd par and drive gut shall be o arou P g 8 8u P 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into,an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permim r o parking a greement acknowled the need to install u five additional 11. A proof of ar n a regime P P g g &� g P to parking spaces on the site shall be executed and fled with the title to the property prior to the issuance of permits, 10 -14-93 6 12. Building permits shall not be issued until the plat comprehended under Planning Commission Application No. 90024 has been given final approval by the City council and filed with Hennepin County. Voting in favor: Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against: none, The motion passed. The Secretary indicated this item will be considered by the City Council at their October 25, 1993, meeting. RECESS Chair Pro Tem Holmes declared a recess at 9:15 p.m. The meeting was reconvened at 9:25 p.m. DISCUSSION ITEM A Moratorium and City Council diregtion to hold rezoning November 1993. The Secretary informed the Planning Commission that the City Council has directed the Planning Commission to hold a public hearing on November 18, 1993 to consider the rezoning of property south of 66th Avenue and north of I -694, between WHIow Lane and Highway 252, The Secretary provided an in -depth review of recent Council action resulting in this direction and the short time schedule allowed. He explained the Planning Commission's recommendation should be available for Council consideration at their Dcccmber 13, 1993, meeting in order to meet the end of January expiration of the moratorium. He added this matter should be handled as quickly as reasonable to avoid delay. Commissioner Hilstrom questioned the possible restriction on commercial development along the River. The Secretary explained that a meeting had been held with persons from the Department of the Interior National Park Service regarding that proposed legislation and they indicated their concern if development is within Sa0 feet of the ordinary high water mark or within 100 feet of the bluff line. He added he is not sure whether the area under consideration falls within these parameters.. The Secretary reported he asked representatives of the National Park Service if the proposed legislation would specifically prohibit commercial development within this area. They said it did not and left decisions of this type up to the local zoning authority. He added the National Park Service encourages the acquisition and development of park areas along this area of the River, however, Brooklyn Center has already provided a lot of open public space along the River. 10 -14 -93 7 n CPO wffA mm mm SO - ON W . ON m also VA nil so ,� !•:11+� SEEN ONEE ME AC i l wm �� :111 '• �'� '�� ski ♦ , �� 11111 X111 OEM ♦� ♦� ♦ ♦��■ � ,$�� /t SIC 1/ ■■■® � 1111 'iG�� : �►� O .. ON NO ate■• �.. UMVAU VIE w t•v _ _ (� 1' III• \1 BROOKLYN CROSSING 3RD ADDITION R. T. DOC. NO. oo.not- iron monument t7 '- Bearings sno.n are based A upon -1-0 datum. 60 G 60 120 18 n %1 ; 8� =` "; _ ne1• W2rE 97 89 SCALE IN FEET 1 1 3' 6 Lfl z i 7 1 K L IMMUND pr•ho Eh,I ... in, Stur-,ing Ly; Il BLOCK N87- ...... cz _ Cur re net tan 91 3I S8 09-E W I S 56- IAO� KNON ALL MCM S TRE3Z P-1— Th., O(fi• P,1R . • ..... . • of f--.' d—lib.d or ...... ........ I. [n• I —, M.—p— 31.1. .. :o I. to .Ir ...... ..... to U. ,*1 11.... I o Ill. r ecord I. .(f— of the -f' h, 2, . ,Y ' -': "!,Ii. n fare ADDITION: Ih. I— , Fu.. — h. , — . ... .... .... .. t o o th . C. 111 11111,11, o .... . oil; IR., to. _' OF I, 11 ... C.ht Prl- nip, 1• 1.- 11m ! h ::!Q A f th ., ... ... A . .. 1I. OF p to d ...... t.1 — d I Lot • 1, 1*11 M ADDITIO .. .. dio. 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STATE OF WIMIESOTA PROPERTY TAX AND P-11 T—Y. V,,d COU-1 or 'ry th., ... , 1. f.11 (.1 .11 1... 4 In I, ri I h—by —t b a 2—cral partner of ffic• P.I. ---h— to,. _ d., of a•h.if or A_4 P___hfp " ':P —'Y. — 4., or—. If SURIEY DIVISION. KE:N I: O'Connor. P ..... i. Co.. I ...... 1 1. ...N. STAY. 3— )$1 1 1 1 1 1 .1. . ... .... ........ .. STATE 01 .1-1-A C--Y or ...crt. t I,. f­ thl, d.y If 11 b, D ., . C...., . ..... ­ Co..,, I ...... r t o T-n .... ... ... ror.tion. on O%T�TLII; I 1.11Y. N—Mll I. .... b Y r I fy t th 1— 11.1 of RICO: ADVITIOP .. f-I .aria 1 .EC UT.AR d., eon , *, I C. I I , SINOGN op, YNO152'' f` - �, as ii.n D ABBOTT AVE 'NO - - -- -- - Y Y• M Y'1 Y '>; �� ZENITH AVE NO I- - pp pp b r: 11 • P6yi ��i �[ �i, il� � to 4 i l �l I e �► h' F 8 al d Fc `�� Nj4 . ^yr lsz q a N.N.bO. I.R.S. I..r,lrr 1^°t ,�. °I�,. O.dflcntlM .. - �•o°r.. °. ol.v�.a or .. ' °'• ~ ^ °r .BROOKLYN CROSSING �.;�;; °�:;' " "'°" °^° "'° """ ° "" CSM Corporation OFFICE PARK �• tM1• by Q} tM "t• •} --t° ',.. cn•caa er - -�_ ru1 ra+n�+rns • s<, r.'t w O.1• ]3W COUNTY PO. 10, E^OONLYN CENTER. uN 0.1. N•q. NO. 011-41111 1111.-1300 y% ❑❑ I • II. ni I1 \\ ' 0 0A , n r - Q _D m – D - Ty C � er A BBOTT AVE N O - ol O ! 1 - �'- ` ``, `1 "° 4 .— SS s 0 1 T � �No � ;1�'�3a I �•�� � �4Y �I�t l Z;l. � � ZENITH - AVE NO IA r' YI� YI �� 6YitG N ,4JLJ �' E � 34C • Y .. 1r . P 1.R S. - �.00rt tea• o�•oot•a oy a• �rw•. •y C"ck BY ---y-- 01�•ct h. l,, l•b th. trot I BROOKLYN CROSSING •../.. an l O . .pi ^C SM Corporation P CM<k108y OI L PARK `^�•� t�� by di M• •tal. 01 Ylm•.oto l• .IAFt>I� R—• 1f 111300 O.1• 3300 COUNTY PO. 10, BPOONLYN C-T-, 4111 b m i r_ a r I ' 0 0 r � . Y ' z In o i m z z > r � i m C c I i r C � n m - a ' n r � I i a oi. on'�a iw�a'a`.lyy BROOKLYN CROSSING irwi C SM Corporation cM°..eey OFFICE PARK 0.1. 33M COUNTY RO, 10, BROOK". C-Tm 134 W. R.y H.. —4 f. ill Mi.I • Si. 111 3.f f �211i1111 If i �.��f°0 N AY NO X52 cs Sj NNG 6t y oaI iii 1 1� to 2 I 1 — {� �; f ► z� i Z cn • D ��� � 7 � •, c e. != 1 U D � l;;.l {E g; — ABBOTT AVE 'NO -4 lu )m r fir. Z IP s° x q g. A z 3 R 7 I MF i g • = i } #- ZENITH - AVE NO Ell C _ N LL c , -. EP PFt t (fiY e5l y aE a po � NwUbro L iurury roar rNY Pwq .MCl OCa NOn a _� Mt °0 qY J r r.�r ..V. �.Im �uW trWl 1w aWY - -�• BROOKLYN CROSSING :,,...r.a C SM Corporation .tM.0 9Y OFFICE PARK the a.. St the I10. 0 wn..ara D.r. Del. ]]00 COUNTY N0. 10, ONOOKLYN CENTEP, MN Mq.NO. tEgr i.nMOr41 MO.I•tr. I.W. YN /rN4 -IY11 l /rr�rf00 I. ST �1GNW PY NO -- - ao I • iin`X1 rn ! ,- cn or yam 1 ABBOTT AVE 'NO ff 24' m Z _ --- L . ���, J ' , • �� a �`' ; $ x s � I II g c .i ;���3�° I / /�• F QyO..f. �� • ZY� LET � � � n. R /L §5� iF xS �fp o g I.1i� -.5� �T1 ZENITH'AVENO qj a Ctva�.a..Otl 8 1 u� [� Fl Zia F a i. �0. t I Is 0 t_• — � �_l. 4 I � . "`� � IIIIIIII''II �9 a � 414dy� R� �� k� g$ � � r � - 3 Y ' I ' P•vl.bn. �y']') c I<•r tiyY ttwt 1Na DIDM1 .rat. °' •D•cl Nc°tlon a acto '.(1. r•oDrT rD• Ir•p°r•0 0y n• a uWV wy _ °•wney BROOKLYN CROSSING r.pUt.in, s rvlad, t w tear I °. ° wy C0•ck•A By OFFICE PARK ' "•'°"' ""' "'^" " °'° ---= C SM Corporation 0.1• P•O NO. /rtf1� "Np1W PO1 � • l)rl� p•1Y 3300 COUNTY P0. 10, BROOKLYN CENTER, MN , I ( I I I I m I i z I I � I IIIIIIIIIII I � ! i r 7 m I D O m 0 z W O I N 3 m O I I I.R.S. .,ruy r�a1,M1 u..n.armmia '�.r., -d Sl ot ia. �o,u BROOKLYN CROSSING ....t a C SA1COrpOratlOn c n..k.aer OFFICE PARK rn. w.. er rn. nm* If uxw.•r. 1111 1M/aW 11iN • Sl. /a J, lM III• IIOO COUNTY AD. 10, 9R001(tVN CENTER, MM � /1• R•0 -R•• /ILN4r)I) 12111IlOp CITY OF BROOKLYN CENTER Council Meeting Date Octob 25, er 1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 DEPT. APPROVAL: 0Z—" x Brad Hoffman, ector of Community Development Manager MANAGER'S REVIEW/RECOMMENDATION: . No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25t hday of October , 1993 at 7 :15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an interim Ordinance for the Purpose of Protecting the Planning Process and Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development g p on all Land South of 66th Avenue and North of I -694 Lying Between Willow Lane and Highway 252. g Y Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City's Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01. In connection with the consideration of an application for rezoning and permits for development of a portion of the property affected by this ordinance, City staff, consultants, Planning Commission, the Northeast Neighborhood Advisory Group and the City Council reviewed the existing and potential development in the area. As a result of that review process, the Council determined that the current land use controls did not adequately address various land use concerns in the area. Among these concerns were inadequate or inappropriate buffering of nearby residential uses, nonconforming uses, zoning ordinances which were not consistent with the City's Comprehensive Land Use Plan, insufficient or hazardous traffic circulation, changes in land use and roadways which occurred since current zoning controls were adopted, and adjacent or nearby land uses or potential uses which were not compatible with permitted uses or special uses in the affected area. 1.02. The Council determined that there was a need for further studies to be conducted so that the City could adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety and welfare. The Council directed that such studies be undertaken. 1.03. Studies and amendments to the City code which were considered in connection with earlier reviews of the official controls applicable to the affected area were not acted upon by the City Council. CLL58949 BR291 -43 1.04. As a result of consideration of an application for a special use permit for a filling station and car wash on a portion of the property affected by this ordinance, the Council has determined that the current zoning of the affected area is not, or may not be, appropriate or sufficient to protect the public health, safety or welfare for a number of reasons. These reasons include, but are not limited to, the following: a. The proposed use would have unacceptably adverse impacts on surrounding uses because of 24 hour activity, noise, lights, glare and traffic. b . Such adverse impacts cannot be adequately mitigated by site design or improvements. c. Many of these adverse impacts would result from permitted uses as well as special uses under current zoning. 1.05. A hearing has been scheduled for the purpose of considering amendment of the Comprehensive Plan and zoning code. 1.06. The Council has therefore determined that there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such hearing is held, and any modifications to the City's Comprehensive Plan and zoning and land use regulations are effective. Section 2. Determination 2.01. This interim ordinance shall apply to all property south of 66th Avenue and north of I -694 between Willow Lane and Highway 252 (the subject area). 2.02. During the period this interim ordinance is in effect, no property within the subject area may be developed, redeveloped, nor shall any site plan approvals, rezonings, licenses (other than renewals), plattings or replattings, land divisions or consolidations, special use permits or building permits be issued by the City for any use. 2.03. This ordinance shall remain in effect until or such earlier date as may be adopted by the City Council, provided that if the consideration and adoption of amendments to the City's Comprehensive Plan and zoning code are not effective by the end of such period, this ordinance may be extended for such additional periods as are deemed necessary by the City Council and as are permitted by law. Section 3. Applicability 3.01. This ordinance applies to any application for site plan approvals, rezonings, licenses, plattings or replattings, land divisions or CLL58949 BR291 -43 2 consolidations, special use permits or building permits that have not received preliminary approval by the City Council before the effective date of this ordinance. Section 4. Effective Date 4.01. This ordinance shall become effective after adoption and upon thirty P P Y (30) days following its legal publication. Adopted this day of 1993. Mayor Deputy City Clerk Date of Publication: Effective Date: CLL58949 BR291 -43 3 i CITY OF BROOKLYN CENTER cmmeil Mediing Date _ 0aaber 25 1993 Agenda Item Number ✓ � � • REQUEST FOR COUNCIL CONSIDERATION * kk* kkk: k*: k7k* k* I: ** k� kkkKkKKk*** �ckkk# �cIck�c: KkKk* 7kkk: kk* klc**: kK# kAc *k�cyc *k *tKKk #Yttk *k ITEM DESCRIPTION: DISCUSSION ITEM: RFP FOR CITY ATTORNEY DEPT. APPROVAL: Geralyn . Barone, Personnel Coordinator MANAGER'S REVIEW/RECONUAENDATION: . a No comments to supplement this report Comments below /attached SUNEWARY EXPLANATION: (supplemental sheets attached Yes Attached for discussion at the city council's request is a draft Request for Proposals (RFP) for city attorney (civil law services). Pursuant to Section 6.02, Subd. 3. (a) of the Brooklyn Center city charter, the appointment and removal of the city attorney shall be at the discretion of the city council. RECOMMENDED CITY COUNCIL ACTION: Review /discuss /amend the draft RFP for city attorney and direct staff on desired plan of action. s D SECTION I. REQUEST FOR PROPOSALS The City of Brooklyn Center is accepting proposals for legal services for civil law cases for the City. Included in this RFP are the following: 1. A more detailed description of the services to be provided. 2. An outline of proposal requirements. Submitted proposals will be reviewed by a committee whose members will consist of representatives from those City of Brooklyn Center departments with personnel who regularly interact with the city attorney. This committee will make recommendations to the city manager. The city manager will review the committee's recommendations and will recommend to the city council no more than three firms as finalists for city council consideration. In order to ensure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts to the City staff or council members regarding these proposals SECTION II. INSTRUCTIONS TO PROPOSERS A. Proposals should be submitted to Sharon Knutson, Deputy City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Proposals must be received no later than 4:30 p.m. on B. All proposals submitted must provide information as indicated in this request. Any other information that the proposer wishes to include for evaluation and consideration by the City as part of the proposal may also be included. SECTION III. REQUIRED CONTENTS FOR PROPOSALS A. Firm Background 1. Name of firm 2. Address(es), phone number(s), and FAX number(s) of the firm 3. Brief history of the firm 4. Number of attorneys by their specialties -1- 5. Number of paralegals by their specialties 6. Number and position titles of support personnel 7. Description of office organization (organizational chart) 8. Flow chart of work process for municipal civil law work B. Attorney Qualifications 1. Identify each attorney, paralegal, and support personnel who will be supplying services for which the City will be billed. 2. For each person identified, please state: (a) their relevant academic training and degrees (b) a description of their prior experience in civil law matters and an estimate of the hours or percentage of their work in this area during the past four years (c) number of years with your firm, position title(s) and years in these positions, and areas of responsibility with your firm (d) other background or experience which may be helpful in evaluating your proposal 3. A description of the proposed allocation of work between the attorney(s) and support personnel identified (i.e., who will be the primary city attorney and what work will be handled by junior partners, associates, or paralegals). 4. Current principal responsibilities for individual designated as primary city attorney including a statement indicating future availability. 5. A description of the availability of and identification of experienced backup attorneys in the case of illness, turnover, or other loss of personnel. C., Firm Qualifications 1. The names and telephone numbers of three client references whom the City may contact. If your firm has represented any municipalities or governmental agencies during the last four years, state the name of that municipality or agency and the name, title, and telephone number of a reference at that municipality or agency whom the City may contact. If your firm has represented such an entity but does not wish the City to contact that entity, list the name of the municipality or agency, and state your reasons why no contact is requested. -2- D 2. A statement of how the workload of Brooklyn Center would be accommodated and what kind of priority it would be given. 3. Statement of total 1992 billings related to municipal civil law services and percentage of municipal civil law services to total billings. D. Fees 1. Your proposal for the dollar amount of fixed and /or hourly fees and costs your firm will charge for providing the legal services for civil law matters to the City of Brooklyn Center covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney, paralegal, and support personnel. Also state separately the rate for any firm cost items to be billed (e.g., photocopying). 2. The City of Brooklyn Center requests monthly billing statements which: (a) itemize the date of services (b) identify the attorney, paralegal, and /or support personnel providing the services (c) list time spent (d) provide a detailed description of the services performed (e) state the fees for those services (f) organize billing on the basis of activity and contact (g) summarize monthly (and annually) costs by type of activity If another billing format will be proposed, please describe that format and provide a sample. SECTION IV. CIVIL LAW SERVICES DESCRIPTION The services and qualifications that are required for Brooklyn Center civil law services include, but are not limited to, the following areas: A. Handling of a variety of legal activity in general obligation bonds, revenue bonds, tax increment bonds, tax exempt bonds, and other bonding and financial processes. B. General municipal laws and charters. C. General state and federal laws relating to municipal government. D. Zoning, housing, and economic development activities including development, redevelopment, enforcement, and property and real estate law. -3- D E. Laws relating to human resources including employment law, labor law, and workers' compensation. F. Ordinance and resolution development and interpretation. G. Contract law. H. Environmental law. I. The primary city attorney or a qualified backup from the firm must attend and participate in city council and department head meetings. I Trial activity. K. Location of a FAX machine at your firm's office. L. The primary city attorney for the City must have a minimum of at least five years experience in the municipal law field. SECTION V. PROPOSAL EVALUATION AND CONTRACT AWARD A. The City intends to award a contract to the proposer evaluated to be best qualified to perform the work for the City, cost, and other factors considered. B. Based upon the evaluation, the city manager will recommend to the city council the selection of the firms judged to be the most responsive and responsible proposers. The actual selection of the firm and contract award will be made by the city council. C. The City shall not be liable for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation of the proposal, preparation of a cost proposal or final contract negotiations. D. The City of Brooklyn Center reserves the right to reject any and all proposals or to request additional information from all proposers. SECTION VI. CONTRACT EXECUTION A. Contract Negotiations Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer to whom the contract is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to -4- M V, discontinue negotiations, select another proposer or reject all the proposals. Upon completion of negotiations agreeable to the City and the proposer, a contract shall be executed. B. Contract Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval, or implementation of the proposal or contract shall participate in any decisions which affects his or her direct or indirect personal or financial interest. 2. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or council member, or for any City employee or council member to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonably prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public. 3. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. The firm shall not accept any client or project which places it in a conflict of interest with its representation of the City of Brooklyn Center. If such a conflict of interest is subsequently discovered, the City shall be promptly notified. SECTION VII. CITY INFORMATION A. City Organization The City of Brooklyn Center was incorporated in 1911 and is a charter city. It has a council /manager form of government. The City provides a full array of municipal services and general administrative functions. 1. City Council. The Brooklyn Center city council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures, and other business of the City. The city council, composed of four members and the mayor, is the legislative and policy making body of the City. The mayor, who presides over the city council meetings, is elected at large. All council members are also elected at large. Council members and the mayor are elected for four -year terms. -5- o � Set forth in the following table is information pertaining to the city council: Term Expires Mayor Todd Paulson December 31, 1994 Councilmember Celia Scott December 31, 1994 Councilmember Dave Rosene December 31, 1994 Councilmember Barb Kalligher December 31, 1996 Councilmember Kristen Mann December 31, 1996 2. City Manager. The city manager is the chief executive and administrative officer of the City. The city manager reviews and coordinates all matters coming before the city council. He is responsible for the implementation of council direction and the coordination and management of City departments on a daily basis. 3. City Staff. The city manager implements council direction through the department heads of seven City departments. -6- �v v MONTHLY \LEGAL CITY OF BROOKLYN CENTER MONTHLY ALLOCATION OF CITY ATTORNEY'S FEES HOLMES & GRAVEN JULY 1993 FUND AND PROGRAM ACCOUNT CODE AMOUNT PERCENT GENERAL FUND: Legal Counsel (Retainer) 1210 -4312 1,183.00 22.17% Civil Matters 1211 -4312 3,749.13 70.24% Andover Landfill 1211 -4312 405.11 7.59% Labor Matters 1213 -4312 0.00 0.00% Charter Commission 1021 -4310 0.00 0.00% --- - - - - -- - - - - - -- Total General Fund 5,337.24 100.00% --- - - - - -- - - - - - -- Economic Development Authority (See Attached) 0.00 0.00% --- - - - - -- - - - - - -- Enterprise Funds Humboldt Liquor Store 7014 -4312 0.00 0.00% Boulevard Liquor Store 7024 -4312 0.00 0.00% Northbrook Liquor Store 7034 -4312 0.00 0.00% Centerbrook Golf Course 7051 -4312 0.00 0.00% Water 7181 -4312 0.00 0.00% Sewer 3 1 2 0.00 0.00% TOTAL ENTERPRISE « tea !I� 0.00 0.00% SEP 0 9 1993 --- - - - - -- TOTAL CITY ATTORNEY'S MONTHkX V T * f?l<< . '1Y N CENTER 5,337.24 100.00% OF FINANCE APPROVED FOR PAYMENT, DIRECTOR OF FINANCE: U4 HOLMES & GRAVEN ooaoTEosn eo Pillsbur Center, Minneapolis, Minnesota s40u Telephone 612/337-9300 . _ � v CL�ENT SUMMARY CITY OF BROOKLYN CENTER e�-kugust 19, 1993 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430-2199 � FED. I D� 41-1225694 _________________________________________________________________________ Matter Ser*ices Disb Total 3 Retainer �, 183.0O 0.00 1, 1B� OO 4 Administration 1'754.0O 0. "'s 2,OB4.1B _ 13 Engineering and Pyblic Works ' 648.O0 1 1. OO 641 OO 11 Finance 45.00 O.00 4 16 Planning and Inspection �95.0O 0. C'O �Z�5OD � - police Departmentlu General 1650� OOO 165�O 21 Joslyn Site - Enviromental 2 O 25.O0 24 Miscellaneous Claims 20. 00 O. 0O 20. 00 1O6 Sale of Excess Freeway Parcels 7O. DO 5. 95 1/5 5 � 109 Andover Landfill - Contribution 388.5O 16.61 405. 11 110 Cady Addition Plat Opinion '243. ,- 0.00 243. 00 111 Acq.usition of Propertg at Frpewao 155. 00 O.DO 155.130 Blvd & 694 � ______-_____________-__________________________-_______-_____________-___ � Client 8R291 Totals: $4,983. 50 $353. 74 $5, 337. 24 ` Ydmclam. under penalt mlaw ' that this accoun claim or demand b just and correct and that nopari � xfh has been paid. . ` HO0MES & GRAVEN Co^nTooso mn Pillsbur Center, Minneapolis, Minneso »54" Telephone 612/337-9300 � Ay0ust z9, 1993 � [NVOICE �TTY OF BROOKLYN CENTER I�R291:3 �301 SHINGLE CREEK PKWY 3RO0KLYN CENTER MN 5543O-2199 Re� �etainer � r All Legal Serv�ces Rendsr�� T�rn,gh 31 z993 As +�ollo�s � ` ' 06/29/93 Reviem agend� material� an� attond 6�O council meeting , O7/12/93 Reviem agenda materials and atten� 4.�O council meeting O7/23/93 Review agenda manorials 1 2O . 07/26/93 Attend council. meeting 4�0 Total Serv1ces� � ' � � �� HOLMEG& GRAVEN naAaTsoon � wm Pillsbur Center, Minneapolis, Minnesota swu � Ta°,h"" 612/337-9300 . � 4ugust 1�. 1993 INVOICE # 426�B �:' age 2 CITY OF BROOKLYN CENTER 2 R291 4 6 SHINGLE CREEK PKWY �ROOKLYN CENTER MN 55430-c"2199 He� Adminishratiun � � � Fur All LegaI Services �enuered Through July 31. 1�93 �s Folloms� 06/29/�3 Work an b:dget an�lgsis/ ph:ne ca�l 2.5O With G Barone re sam* C Phone call with Q. Barone' research 0�O . veteran's 9reference issues 07/O1/93 Researcj Vetprsns Preference *ct, O�O �hetxer it applies t part-time . emplo�ees ��� O7/O1/93 Phone J Splinter re 2�O � disahiIitg discrimin�t�on �uesti:n/ � re arch r* same/ ohone ca]l uith council member Kalliger re same � 07/06/93 lntraoffice conferance re personnel D 5O records and policg issues U7/O6/ Reviem law and office conference re 1 e5 personnel records O7/C6/93 Prepare for meeting on personnel 215 records/ office conference with 0 Barone re same/ attend staff meeting 07/07/93 Research whether illiteracg is a 1OO Jisabilitg under ang human rights/disabilitg acts 07/08/93 Researcn whether iIliteracg is 20 Jisabilitg fur p:rpo-3es o ang � HRA/Disa6ilities Act � O7/09/93 Research illiterarg as disabilitq O�2O under HRA D7/O9/93 Draft and transmit opinion 'letter on 1 15 question relating to discrimination on the basis o+ handicap 07/12/93 Phone call with R W�rren/ retrieve ' 0.2O memo frnm f le 07/19/93 Phone call with J Splinter re need to 0 85 hold bond election on general election day; check lam And phone � call to Splintpr ID^,/,+ HOL&YES & GRAVEN cexoronso 47m Pillsbur Center, Minneapolis, Minnesota ouv Telephone 612/337-9300 August i9, 199'-:� INVOICE 9 42608 Page 4 CITY OF BROOKLYN CENTER 8R291:10 6301 SHINGLE CREEK PMY BROOKLYN CENTER MN 55430-2199 Re: Engineering and P^/biic works For All Legal Services Rendareo Througn Jul.> 31, 1991 As Follums� � 06/28/93 Phone call with S Knapp, office 1 3O � conference re oota vractices an d open meeting 1 i t � ng am issues o� s orm pond property a cquis iti on; ff � . / o jce conference re same/ check law re same e . O7/01/93 Phone call with M Maluneg re O. 25 enforcement of subdivision agreement against assigns or ounsr 07/15/93 Phone call with Bud Sturm re Status 1.3cj and strategy of wetland case/ memos re same, title work 07/15/93 Phone call with 8 Storm re JCMJ 0.20 property 07/16/93 Intraoffice cnnferenc, re title work 8.25 ' and acquisition of etl� d � n area 07/16/93 Phone call with S Knapp re Lane 0.40 agreement/ phone call with Old Republic Title 07/19/93 Intraoffice conference re status/ 0.50 phone call with V Paichin re � wetland appraisal and strategy � 07/19/93 Draft agreement with Ernst 0.50 07/20/93 Phone call with S Knapp re Ernst O 5O � agreement/ revise agreement/ order title commitment 07/21/93 Phone call with M Maloney re claiw 0. 25 against JrLveyag contractor 07/26/93 Work on review of proposed contract 0.60 with MTC on liability 07/28/93 Phone calls with S Thompson and S 0.65 —~ Knapp of MTC rp bus stop agreement Total Services: 6.4O HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone 612/337-9300 � AUguSt 1?, 1 INVOIICE "r -1:2760,:3' 4 -i'Y OF BROOKLYN' CEN ' R--: ) I Cj 3 01 SHINGLE CREEK PiKOY' DROOKLYN CENTER t,N A Disburse(aent;.i -As Fa x 1'� 0 a m. as n t s 00 0 C, T1 f: � � � HOLMES & GRAVEN cu^nTEaso � 47m Pillsbur Center, Minneapolis, Minnesota o54o �"�p�" 612/337-9300 � . � August 19, 190-: lNYOICE # 42608 Page 6 � CITY OF BROOKLYN CENTER W291:11 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430-219� Re: Finance For All Legal Services Rendered Thro July j1. 19% As Follows 07/O6/93 Fhone call from A Parker re sett1ament 0.25 Of storm sewer changas with MT; O7107193 Phone call with C Hanson re MIC and 0, 2O storm sewer bill Total Services: V 45 � ' HOLME8& GR6V}Ipw ooAoToaEo mo Pillsbur Center, Minneapolis, Minnesota s^02 Telephone 612/337-9300 4ugust z9, z993 INVOICE ' �age 7 !'ITY OF 8ROOKLYN CENTER, BR291�16 63D1 61AINgLE CREEK PKWY BROOKLYN CENTER MN 55430 Planning and Inspection Fur 4ll Legal Services Rendsreo Through J:l3 31. 1993 �s Follows� 07/07/93 �hune �all �tth R Warren re C�rdi:al 1 �5 and tow truc nances/ n/.epare amended op nicn let�er/ phone caL� wi Hoffmz:in re same ' 37/19/93 Revieu Planning om/:ission m i/,utes �5O R em I W contract. phune c�ll w�tk J6O . �rad re same n��' Total Bervzc�s� �Z�5 ' � � � p..,.° ^ ' H@L&XES& GRAVEN uoyaTEaso wo Pillsbur Center, Minneapolis, Minn o54o Telephone 612/337-9300 August 19, !Y93 INVOICE # 42603 Page 8 CITY OF BROOKLYN CENTER �R�91�2O 6301 SHINGLE CREEK PKWY � SROOKLYN CENTER MN 55430-2199 Re: Police Department General Sor All Legal Services Rendereo Through July 31. 1993 As Follows: 06/24/93 ` Continue research and call Liquor 1.15 Control Division on eligibility of corporation for mu1tiple. lfcenses YOWL Services: L. 65 � ' HOLMES & GRAVEN nouaToaoo mo Pillsbur Center, Minneapo Minnesota 55wo Telephone 612/337-9300 August 19, 1993 INVOlCE # 42608 Page 9 CITY OF BROOKLYN CENTER 8R291:21 6301 SHINGLE CREEK PKWY 8ROOKLYW CENTER MN 55430-2199 Re: Joslyn Site — Enviromental Fo' 0Il Legal Services Renoered Through July 31, 1993 As Foiluws: 07/27/93 Phone call from J Splinter re Joslyn `} 25 site transfer and mater trqatment sewage rates amendment rota1 Services: l25 / � �� . HOLMES & GRAVEN oaAoronco *m Pillsbur Center, Minneapolis, Minnesota 55402 Telephone 612/337-9300 August 19, 199 ! !NVOICE # 42603 Page 1O CITY OF BROOKLYN CENTER 8R291:24 6301 SHINGLE CREEK PKW� BROOKLYN CENTER MN 55430-2199 Re: Miscellaneous Claims For All Legal Services Rendered Through Julg 31, 1991 As Follows 07/23/93 Review correspondence on Sorensen 0.20 claim , Total Services: 0.20 ' ` � - . . HOLMES & GRAVEN oaAoTsaso aw Pillsbur Center, Minneapolis, Minnesota swu Telephone 612/337-9300 August 19, 1993 INVOICE # 42609 page 11 CITY OF BROOKLYN CENTER 8R291:106 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430-2199 Re: Sale of Excess Freeway Parcels For All Legal Services Rendered Througn julg 31. 1993 As Follows: 07/18/93 Reminder Letter to W Trvran, letter un 0 R Kruse/ letter to S Rice re nruse and Hegyi parcols/ update s'tatus report ' 07/26/93 Phone call with S Rice re Kruse 0 �� closing ' -- Tota1 Services� D �� For All Disbursements As Follows: 06/14/93 HENNEPIW COUNTY PUBLIC RECORDS — Copy 1 DO expense 06/15/93 State deed tax l 65 07/20/93 Hennepin County Treasurer — State deed 3.31) tax Total Disbursements: s5.95 � ��� . ` HOLME8& GRAVEN oo»orcouo wn Pillsbur Center, Minneapolis, Minnesota 55402 Telephon 612/337-9300 August 19, 1993 lNVOICE # 42608 Page 12 CITY OF BROOKLYN CENTER ER291:108 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430-2199 Re: Andover Landrill — Concribution For All Leqal Services Rendered Througn July 31. 1992 As Fo1loms� 06/28/93 Office conference re status of settlement negotiations/ phone call with J Splinter re same ()7/14/93 lntraoffice conference re shtt1ement 0.50 ' documents/ review same 07/14/93 Office conference and phone call with 0.75 J Splinter re settlement offer/ review settlement ayreemen, 07/14/93 Phone call with David McDonalJ's 0 75 atturn*; for E, Andover Landfill Plaintiffs Trust/ conference uitti C. LeFevere re Settlement & Release terms; review proposed Settlement And Release 07/16/93 Phone call with David McDonalu of S. W-10 Andover Landfill Plaintiffs Trust � re Settlement and Release Agreement 07/19/93 Prepare letter and settlement �OO agreement to be messengered to Citg Hall Tonal Services: 3.7(} For All Disbursements As Folloms� Photocopies 2.00 Long Distance Phone 0.96 Messenger Services 12.9O Postage 0.75 [otal Disbursements: $16.61 HOLME8& GRAVEN ca^aTeaEm cm Pillsbur Center, Minneapolis, Minnesota 55402 Telephone 612/337-9300 August 19, 1993 INVOICE # 4260B Fage 13 CITY OF BROOKLYN CENTER 8R291:110 6301 SHINGLE CREEK FKW 8ROOKLYN CENTER MN 55430-2199 Re: Cady Addition Plat opinion Vor All Legal Services Rendered Through Jui; 30 1901 As Fulloms: 07/09/93 Phune c0I witn M Maloney re plat 0.45 opinion/ open fiIei office conference re same 07/12/93 Review RPns and plat/ draft' opinion 1.40 ^ 07/13/93 Review plat opinions/ office 0.50 conference wi0 C Aocklitz / 07/19/93 Phone call with B Hoffman re status u� 0-2.5 . plat opinion � Total Services: 2.613 � } � � � ^Cn"n'/�en Or Next Paor° ' HOLMES& GRAVEN mo^scanon 47m Pillsbur Center, Minneapolis, Minnesota nao Telephone 612/337-9300 Auqost 19, 1993 INVOICE b 426W Page 14 CITY OF BROOKLYN CENTER BR291:A1 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430-2199 Re: Acgusition of Property at Freemaj 8lv& & 694 �{ \ °,1 \ For All Legal Services Rendered Through juig 31. 1992 As FolIows� 07/21/93 Intraoff ice conference re status of J S(} title work, innurance, and acquisition ^ 07/22/93 Phone caIl with 8 Storm re status and 0.50 wetland issue �w~ ' 07/23/93 Review eng ineer 's report re met lan'� `� 0� ' issue 07/29/93 Phone call with Mnrm's offWn <} 25 Tota1 Servicesi L 55 ' �� CITY OF BROOKLYN CENTER Council Melling Date �' .� /, . Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER DEPT. APPROVAL: Charles Hansen, Finance Director MANAGER'S REVIEW/RECO NpATION: No comments to supplement this report Comments below /attached SUNDIARY EXPLANATION: (supplemental sheets attached ) The City recently received a check from the Lions Club of Brooklyn Center totaling $1,500. The Club asked that its gift be used for the "Entertainment in the Parks" recreation program. The attached resolution would acknowledge the gift with appreciation and designate its use. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER -------------------------------------------------- WHEREAS, the Lions Club of Brooklyn Center has presented the City a gift of one thousand five hundred dollars ($1,500) and has designated that it be used for the "Entertainment in the Parks" recreation program; and WHEREAS, the City Council is appreciative of the gift and commends the Lions Club of Brooklyn Center for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to acknowledge the gift with gratitude and appropriate the gift to the "Entertainment in the Parks" recreation program in the amount of $1,500. 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. CITY OF BROOKLYN CENTER Council Meeting Date October 25 1993 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR THE PURCHASE OF TWO ERGONOMICALLY DESIGNED CHAIRS DEPT. APPROVAL: Geralyn R. arone, Personnel Coordinator MANAGER'S REVIEW/RECOM WENDATION. ' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • The city ouncil is being asked to approve the purchase of two ergonomically designed chairs for tY g PP P g Y g employees who have worker's compensation claims filed with the City related to injuries and /or pain related to performing job duties at their computer workstations. As the council is already aware, the City's employee safety committee is very concerned about the increase in the number of employee concerns and worker's compensation claims related to repetitive motion injuries, soft tissue injuries and back problems caused by inappropriate workstations for computer users. The council has already given preliminary consideration to upgrading workstations throughout city offices and is awaiting a more detailed proposal from city staff. However, due to the immediate needs of the affected employees and at the recommendation of the safety committee, the council is being asked to approve purchase of these chairs now in order to reduce any future liability the City would have related to the worker's compensation claims. The employees involved in this request are the assessing technician and data entry operator (finance department); both employees are heavy computer users. The cost of each adjustable chair is approximately $500. RECOMMENDED CITY COUNCIL ACTION Approve A Resolution Amending the 1993 General Fund Budget for the Purchase of Two Ergonomically Designed Chairs. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR THE PURCHASE OF TWO ERGONOMICALLY DESIGNED CHAIRS WHEREAS, the City of Brooklyn Center Employee Safety Committee has endorsed the philosophy of purchasing ergonomically designed equipment for employees who are experiencing health problems due to the nature of their workstations; and WHEREAS, ergonomically designed chairs at a cost of $500 each are requested for the assessing technician and data entry operator (finance department) to help alleviate medical problems aggravated by their workstations; and WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: Decrease the appropriation for the Unallocated Department Contingency account (Unit 182, Object No. 4995) $ 1,000.00 Increase the appropriation for the Unallocated Department Office Furnishings and Equipment account (Unit 180, Object No. 4551) $ 1,000.00 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. CITY OF BROOKLYN CENTER Council Meeting Date 0927/93 Agenda Item Number C 0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR IMPROVEMENT PROJECT NO. 1993 -25, STORM SEWER REPAIRS AT 69TH AVENUE NORTH AND JAMES AVENUE NORTH, AND ALLOCATING FUNDS THEREFOR DEPT. APPROVAL: Sy Knapp, ector of Public Works MANAGER'S REVIEW /RECOMMENDATION: - No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached YES ) Street and Utility Dept. personnel have indicated the need for replacement and repair to the City's storm drainage system at two locations; near 1120 -69th Ave. and at 5533 James Ave. These recommended replacements and repairs are beyond the scope of normal maintenance that city forces usually perform. The existing 18" clay the storm sewer at 1120 -69th Ave. has been damaged over the years by the invasion of roots from a large tree nearby. Although the tree has recently been removed, the roots remain in the open joints, and the pipe clogs easily. It is recommended that an approximately 80 foot long segment of the pipe be replaced at this time. Also, it is recommended that a manhole be constructed over an existing 18" diameter storm drainage line near 5533 James Avenue North. The excessive distance ( ±700 feet) between the existing manholes on this line makes it impossible for the Public Works Dept. personnel to jet -clean this line with City - owned equipment. Construction of a manhole approximately midway between the existing manholes will allow city personnel to maintain this storm drainage line by normal methods. The City Engineer has received the following proposal for the above - described storm sewer work: Bidder Bid Metro Utilities, Inc. $ 8,180.00 • The Engineer's Estimate for the work was $8,080.00, or $100 less than was proposed by Metro. It noted that three local, familiar utility contractors were originally solicited for quotes for this work. Metro was the only firm which responded; the other her two firms indicated that they were simply too busy at this time of year to honestly take on more work. Staff recommends acceptance of the proposal of Metro Utilities, Inc. for the following reasons: 1) the difference between their bid and the Engineer's Estimate is not significant, 2) it has been recommended that the work be done as soon as possible, and we are running out of time in this construction season, and 3) Metro Utilities, Inc. has satisfactorily completed work of this type in Brooklyn Center recently, and maintain a good working relationship with City staff. RECOMMENDED CITY COUNCIL ACTION A resolution which accepts the proposal of Metro Utilities, Inc., for Improvement Project 1993 -25, Storm Sewer Repairs at 69th Ave. No. and James Ave. No., is attached for consideration. • Ne, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR IMPROVEMENT PROJECT NO. 1993 -25, STORM SEWER REPAIRS AT 69TH AVENUE NORTH AND JAMES AVENUE NORTH, AND ALLOCATING FUNDS THEREFOR WHEREAS, the City Engineer has reported to the City Council of the need for storm sewer repairs and replacements; and WHEREAS, the City does not possess the materials or equipment necessary to perform the repairs and replacements; and WHEREAS, proposals for Improvement Project No. 1993 -25 were received, opened, and tabulated by the City Engineer, on the lst day f October, 1993 Y , and said proposals were as follows: Bidder Bid Metro Utilities Inc. $8,180.00 WHEREAS, it appears that Metro Utilities, Inc. of Plymouth, Minnesota, has provided the only proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1993 -25, Storm Sewer Repairs at 69th Avenue North and James Avenue North, is hereby established. 2. The proposal as submitted by Metro Utilities, Inc. of Plymouth, Minnesota is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, for the amount of $8,180.00, with Metro Utilities, Inc. in the name of the City of Brooklyn Center, for Improvement Project No. 1993 -25. 3. All costs relating to this project shall be charged to the Public Utility Storm Drainage Fund. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Council Meeting Date 10/25/ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT UNDER CONTRACT 1991 -I, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE NORTH SOIL CORRECTIONS, PHASE 1 DEPT. APPROVAL: Sy app, D' for of Public Works MANAGER'S REVIEW /RECOnAIEENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Improvement Project No. 1990 -10, 69th Avenue North Soil Corrections, Phase 1, has been completed b Ames Construction Inc. This P Y � P ortion of the 69th Avenue street reconstruction project specifically addressed the soil corrections necessary in the Palmer Lake Basin, and the creation /restoration of wetland areas. The City Council accepted Ames' proposal per Resolution No. 91 -197 and a contract was subsequently executed. The actual value of work performed equals the original contract value plus approved change orders. Staff recommends acceptance of the work performed and authorization to make final payment to Ames Construction, Inc. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Ames Construction, Inc. . j 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT UNDER CONTRACT 1991 -I, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE NORTH SOIL CORRECTIONS, PHASE I WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Ames Construction, Inc. has satisfactorily completed the following improvement in accordance with said contract: 69TH AVENUE NORTH SOIL CORRECTIONS, PHASE I, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1991 -I 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: As Amended Per Approved As Bid Change Orders Final Amount Original Contract $614,937.30 $758,458.49 $758,458.49 2. The actual value of work performed equals the original contract value plus approved change orders. 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 $758,458.49. 4. The project costs and revenues for Improvement Project No. 1990 -10, 69th Avenue North Soil Corrections, Phase I are amended according to the following schedule: As Amended Per Approved Project Costs As Bid Change Orders As Final Contract $614,937.30 $758,458.49 $758,458.49 Contingency 92.240.00 37.922.92 -0- Subtotal Construction $707,177.30 $796,381.41 $758,458.49 Professional Services 90,000.00 169,500.00 170,000.00 Staff Engineering (2%) 14,143.55 15,927.63 15,169.17 Admin (2%) 14.143.55 15.927.63 15.169.17 Total Est. Project Costs $825,464.40 $997,736.67 $958,796.83 RESOLUTION NO. As Amended Per Approved Project Revenues As Bid Change Orders As Final Local State Aid Fund No. 1911 $ 13,587.10 $112.933.25 $ 73.993.41 Regular State Aid Fund No. 1496 $811,877.30 $884,803.42 $884,803.42 Total Est. Project Revenues $825,464.40 $997,736.67 $958,796.83 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. CITY OF BROOKLYN CENTER Council Meetin Date 10/25/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT UNDER CONTRACT 1992 -B, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE NORTH RECONSTRUCTION, PHASE II DEPT. APPROVAL: Sy Knapp, irector o Public Works MANAGER'S REVIEW/RECOMMENDATION: Alr No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Improvement Project No. 1990 -10, 69th Avenue North Soil Reconstruction, Phase II, has been completed by S.M. Hentges & Sons. This portion of the 69th Avenue project involved the reconstruction of the street, utilities and traffic signals between Brooklyn Boulevard. and West Palmer Lake Drive. The City Council accepted S.M. Hentges' proposal per Resolution No. 92 -80 and a contract was subsequently executed. The value of work actually performed is $2,865.53 less than the original contract value plus approved change orders, due to a minor overestimation of quantities. Staff recommends acceptance of the work performed and authorization to make final payment to S.M. Hentges & Sons. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to S.M. Hentges & Sons. • l 7 zE Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT UNDER CONTRACT 1992 -B, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE NORTH RECONSTRUCTION, PHASE II WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, S.M. Hentges & Sons has satisfactorily completed the followign improvement in accordance with said contract: 69TH AVENUE NORTH RECONSTRUCTION, PHASE II IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -B 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 scheduled: As Amended Per Approved As Bid Change Orders Final Amount Original Contract $1,499,942.80 $1,608,187.84 $1,605,322.31 2. The actual value of work performed is $2,865.53 less than the original contract value plus approved change orders, due to a minor overestimation 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 $1,605,322.31. 4. The project costs and revenues for Improvement Project No. 1990 -10, 69th Avenue North Reconstruction, Phase II are amended according to the following schedule: RESOLUTION NO. As Amended Per Approved Project Costs As Bid Change Orders As Final Contract $1,499,942.80 $1,608,187.84 $1,605,322.31 Contingency 224.991.42 80.409.39 -0- Subtotal Construction $1,724,934.22 $1,688,597.23 $1,605,322.31 Private Utility Relocations 258,109.00 258,109.00 258,109.00 Professional Services - Project Concept 184,200.00 184,200.00 184,126.81 Design & Cosst. 271,000.00 271,000.00 290,856.38 Material Testing 17,603.36 16,711.95 4,463.33 Staff Engineering (2%) 34,498.68 33,771.94 32,106.45 Legal, Admin. (2%) 34,498.68 33,771.94 32,106.45 - -- 65.903.42 Total Estimated Project Costs $2,524,843.94 $2,486.162.06 $2,472,994.15 Project Revenues State Aid Bond Fund $1,006,296.54 $1,006,296.54 $1,006,296.54 Regular State Aid Fund No. 1496 103,581.36 153,526.72 151,148.37 Local State Aid Fund No. 2900/2911 566,755.97 449,633.83 465,437.18 Public Util. Water Fund 264,511.53 321,366.61 318,759.96 Public Util. Sanitary Sewer Fund 377,823.54 349,463.36 346,627.34 Special Assessments 150,000.00 150,000.00 128,849.76 Hennepin County 55.875.00 55,875.00 55.875.00 Total Estimated Project Revenues $2,524,843.94 $2,486,162.06 $2,472,994.15 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: CITY OF BROOKLYN CENTER Council Meeting Date 10/25/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING REVISED COST ESTIMATES, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE CONSTRUCTION DEPT. APPROVAL: Sy Knapp, Direct r of Public Works MANAGER'S REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No • The Council has periodically reviewed the overall costs of the 69th Avenue project, and amended the estimated cost of the total improvement project accordingly. With the completion of right of way acquisition, and phases one and two of roadway construction, it is appropriate to review this cost and establish a better estimate of the overall cost of the project. The October, 1993 estimate of the overall cost of the project is $7,232,100, compared to $7,645,920 in December, 1992. This overall reduction is primarily due to a reduction in the amount reserved for contingencies. With the completion of the bulk of the road and utility work, the contingency reserve now applies only to phase three road and watermain construction, and the various landscaping projects. RECOMMENDED CITY COUNCIL ACTION A resolution amending the cost estimate for improvement project 1990 -10, 69th Avenue construction, is attached for Council consideration. r 1411 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING REVISED COST ESTIMATES, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE CONSTRUCTION WHEREAS, City Council resolution number 90 -66 ordered improvement project 1990 -10, the reconstruction of 69th Avenue North from Noble Avenue North to Shingle Creek Parkway; and WHEREAS, resolution number 91 -160 estimated the total cost of the project as of June, 1991 to be $7,669,780, and resolution number 92 -286 estimated the cost as of December, 1992 to be $7,645,920; and WHEREAS, more detailed information now available allows for a more realistic estimate of cost. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the estimated cost of improvement project 1990 -10 is hereby amended according to the following schedule: June, 1991 Dec, 1992 Oct, 1993 Estimate Estimate Estimate PART I - ROADWAY COSTS A. STREET CONSTRUCTION COSTS Roadway construction, including storm drainage $2,528,400 $2,273,000 $2,215,155.87 surcharge, basic landscaping, wetland mitigation, and compensating storage PHASE l - Soil Correction and Wetland Mitigation 675,000 758,458.49 PHASE 11- Road Construction 948,000 980,555.96 PHASE 111- Road in Palmer Lake Area 650,000 476,141.42 Special landscaping and fencing 200,000 210,000 $218,622.65 Phase 1 20,000 20,000.00 Phase ll 164,600 173,222.65 Phase 111 25,400 25,400.00 Traffic signals at France Avenue 95,000 80,500 80,500.00 Private utility relocation and street lighting 350,000 258,109 258,109.00 Irrigation system N/I 131,000 49,525.60 SUBTOTAL, CONSTRUCTION COSTS $3,173,400 $2,952,609 $2,821,913.12 Resolution No. B. ENGINEERING AND OTHER COSTS RELATING TO STREET IMPROVEMENTS Consultant costs - design 280,000 400,900 $359,209.96 Project concept 184,200 184,126.81 Phase l 35,000 35,000.00 Phase II 127,000 80,383.09 Phase III N/I 8,800 8,800.00 Landscaping - Phase II 34,900 39,900.06 Landscaping - Phase III N/I 11,000 11,000.00 Consultant costs - construction 230,000 336,990 $368,872.98 Phase I 134,500 135,000.00 Phase II 80,490 111,872.98 Phase III N/I 85,000 85,000.00 Landscaping - Phase II 32,000 32,000.00 Landscaping - Phase III 5,000 5,000.00 Staff costs - engineering (2 %) 56,500 59,100 53,063.45 Legal and administrative costs (2 %) 56,500 59,100 53,063.45 Testing, etc. (1 -1/2 %) 37,900 20,000 4,463.33 Bonding costs 28,000 59,466 59,466.00 Archaeological services 20,000 10,232 10,232.00 Capitalized interest 65,903.42 SUBTOTAL, ENGINEERING COSTS $708,900 $945,788 $974,274.60 C. RIGHT OF WAY ACQUISITION Direct Payments to Owners a. Acquisition 2,000,000 1,993,103 $1,995,603.00 Residential 1,778,103 1,778,103.00 Commercial 215,000 217,500.00 b. Relocation 500,000 440,270 $440,270.00 Residential 339,360 339,360.00 Commercial 100,910 100,910.00 Professional Services 156,000 202,232 $202,232.34 a. Evergreen Land Services (Acquisitions) 80,000 70,305 70,304.90 b. Conworth Inc (Relocation) 40,000 39,508 39,507.50 c. Holmes and Graven (Legal) 30,000 52,032 52,031.99 d. Maintenance & Security 6,000 8,635 8,635.49 e. Appraisals N/I 15,013 15,012.96 f. Board of Commissioners (Condemnation) N/I 16,740 16,739.50 Building Demolition 20,000 15,271 15,271.39 Building Resale (130,000) (136,263) (136,262.99) Resolution No. Other Costs 39,380 36,429 $36,428.93 a. Taxes & Titles 24,380 27,373 27,372.93 b. Miscellaneous (Utilities, Survey, Testing, 15,000 9,056 9,056.00 Supplies, Well Sealing, Other) NET SUBTOTAL, RIGHT OF WAY COSTS $2,585,380 $2,551,042 $2,553,542.67 D. CONTINGENCY 388,200 389,840 89,368.63 GRAND TOTAL, ROADWAY COSTS $6,855,880 $6,839,280 $6,439,099.02 REVENUE SUMMARY: ROADWAY State Aid Funds: Unspecified $3,750,880 $2,357,572 MSA #1496 2,038,521.27 MSA #2911/2900 1,270,563 1,182,711.92 MSA #2912 (Bonds) 2,955,000 3,000,000 3,000,000.00 Water Utility Fund 550 550.00 Sanitary Sewer Utility Fund 200 200.00 Storm Drainage Utility Fund 4,520 32,391.07 Hennepin County 55,875 55,875.00 Special Assessments 150,000 150,000 128,849.76 $6,855,880 $6,839,280 $6,439,099.02 PART II - CITY UTILITY IMPROVEMENTS A. WATER MAIN IMPROVEMENTS Construction costs $304,700 $329,000 $368,027.14 PHASE 11 252,000 260,664.65 PHASE 111 77,000 107,362.49 Consultant costs - engineering 48,400 32,850 47,118.73 Staff costs - engineering (2 %) 6,100 6,600 7,682.63 Legal and administrative costs (2 %) 6,100 6,600 7,682.63 SUBTOTAL, WATER $365,300 $375,050 $430,511.13 B. SANITARY SEWER IMPROVEMENTS Construction costs $285,400 $315,000 $283,601.70 Consultant costs - engineering 45,600 30,660 51,481.58 Staff costs - engineering (2 %) 5,700 6,300 5,672.03 Legal and administrative costs (2 %) 5,700 6,300 5,672.03 SUBTOTAL, SANITARY SEWER $342,400 $358,260 $346,427.35 C. CONTINGENCY 106,200 73,330 16,104.37 Resolution No_ GRAND TOTAL, UTILITY COSTS $813,900 $806,640 $793,042.85 REVENUE SUMMARY: UTILITIES Water Utility Fund 420,100 412,555 $446,615.50 Sanitary Sewer Utility Fund 393,800 394,085 346,427.35 $813,900 $806,640 $793,042.85 GRAND TOTAL PROJECT COSTS. ROAD AND PUBLIC UTILITIES $7,669,780 $7,645,920 $7,232,141.87 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded b member and upon vote being taken thereon Y � t � , following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 1 Agenda Item Number ( " 7 �► REQUEST FOR COUNCIL CONSIDERATION U ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL TO CONDUCT TOPOGRAPHIC SURVEY OF 73RD AVENUE NORTH, PROPOSED IMPROVEMENT PROJECT NO. 1994 -07 DEPT. APPROVAL: / I '/ 0�xw/ Sy Knapp, Director of Public Works A=, MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached YES ) • On October 12, 1993, the City Council authorized staff to solicit proposals for the provision of topographic survey information necessary for the evaluation of the feasibility of street, utility and sidewalk improvements along 73rd Avenue North, between Humboldt Avenue and T.H. 252. Accordingly, the City Engineer has received proposals from the following qualified land surveyors: Firm Proposal Amount MSA Consulting Engineers $2,200 Westwood Professional Services, Inc. $3,200 Cherrier Land Surveyors, Inc. $3,214 The lowest proposal submitted is that of MSA Consulting Engineers, of St. Paul, for the amount of $2,200.00. MSA has a significant amount of recent, local experience in this field, and has worked with the City of Brooklyn Center on previous improvement projects, and accordingly, staff recommends acceptance of the proposal from MSA Consulting Engineers. NOTE: The costs attributable to the hiring of this surveyor shall be split between the Cities of Brooklyn Park and Brooklyn Center. RECOMMENDED CITY COUNCIL ACTION A resolution which accepts the proposal of MSA Consulting Engineers for the provision of topographical survey information relevant to 73rd Ave. No. is attached for consideration. /y Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO CONDUCT TOPOGRAPHIC SURVEY OF 73RD AVENUE NORTH, PROPOSED IMPROVEMENT PROJECT NO.1994 -07 WHEREAS, by Resolution No. 93 -174 adopted on October 12, 1993, the City Council authorized the solicitation for proposals for the provision of topographic survey information for the portion of 73rd Avenue North, between Humboldt Avenue North and T.H. 252; and WHEREAS, proposals for the necessary surveying services were received, opened, and tabulated by the City Engineer, on the 19th day of October, 1993, and said proposals were as follows: Firm Bid MSA Consulting Engineers, Inc. $2,200 Westwood Professional Services, Inc. $3,200 Cherrier Land Surveyors, Inc. $3,214 WHEREAS, it appears that MSA Consulting Engineers, Inc. of St. Paul, , Minnesota, has rovided the lowest responsible proposal. P P P P NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal as submitted by MSA Consulting Engineers, Inc. of St. Paul Minnesota is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $2,200, with MSA Consulting Engineers, Inc. in the name of the City of Brooklyn Center, for Improvement Project No. 1994 -07. 2. The costs relating to these services shall be split evenly between the Cities of Brooklyn Park and Brooklyn Center. 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. CITY OF BROOKLYN CENTER Council Meeting Date 10/2 + 93 Agenda Item Number / 17 REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sj 41 Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. RECOMMENDED CITY COUNCIL ACTION Approve licenses. Licenses to be approved by the City Council on October 25, 1993: * MECHANICAL SYSTEMS Condon Total Comfort, Inc. 11 Blackburn St, Box 104 Cronstrom's Heating and A/C 7201 West Lake St. C G Deans Heating & A/C 2597 309th Ave. NW Building Official .e,k_ RENTAL DWELLINGS Initial: White Pine Mgmt. 6501 Brooklyn Blvd. Charles W. Adams 5315 Dupont Ave. N. Timothy C. Damberger 2118 Ericon Drive Orval and Marya Hage 7215 Girard Ave. N. Renewal: Thomas B. Egan 5239 -41 Drew Ave. N. Melvin and Mildred Jampsa 5619 Hillsview Road Robert Messersmith 5338 Queen Ave. N. Byron and Nancy Mach 4708 -12 Twin Lake Ave. N. (ll D�Y�4�C Paula H. Brodin 1600 55th Ave. N. ICJ Director of � Community Development GENERAL APPROVAL: Sharon Knutson, Deputy City Clerk a