Loading...
HomeMy WebLinkAbout1989 07-10 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JULY 10, 1989 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of 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. 6. Approval of Minutes: *a. June 26, 1989 - Regular Session 7. Final Plat Approval: a. SuperAmerica Addition *1. Approval of Plat with Conditions *2. Approval of Subdivision Agreement 8. Resolutions: a. Accepting Work Performed under Improvement Project No. 1989 -14 (Landscape Improvements on France Avenue and Lakebreeze Avenue) *b. Accepting Work Performed under Improvement Project No. 1988 - 17 (Sidewalk Installation on o Humb ldt Avenue at 69th Avenue) *c. Accepting Work Performed under Improvement Project No. 1989 -11 (Installation of 4 DIP Water Main at Garden City Park) d. Amending the 1989 General Fund Budget, and Accepting Bid and Awarding Contract for Heating System Improvements at Municipal Garage, ra a Improvement Pro' g p Project 1989 -04, Contract 1989D *e. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 7/10/89) CITY COUNCIL AGENDA -2- July 10, 1989 THE FOLLOWING RESOLUTIONS RELATE TO IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE f. Approving Agreement with Commercial Partners /Brookdale g. Approving Plans and Specifications and Ordering Advertisement for Bids, Improvement Project No. 1988- 24, Brookdale Square Traffic Signals (MSA Project No. 109 - 109 -24) h. Establishing Project, Approving Plans and Specifications and Ordering Advertisement for Bids, Improvement Project No. 1989 -18, Geometric Improvements on Shingle Creek Parkway at Brookdale Square Entrance (MSA Project No. 109 - 109 -25) i. Establishing Project, Approving Plans and Specifications and Ordering Advertisement for Bids, Improvement Project No. 1989 -19, On -Site Improvements to Brookdale Square Entrance 9. Public Hearing: (7:30 p.m.) a. Amending Development District Boundary Lines -Staff recommends opening the hearing and tabling it to the September 25, 1989, meeting. 10. Discussion Item: a. Purchase of Police Department Portable Radios and Handgun Replacement Program 11. Temporary On -Sale Intoxicating Liquor License for St. Alphonsus Fun Fair *12. Licenses 13. Adjournment 14. Tour of Civic Center Building MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 26, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, City Attorney Charlie LeFevere, Assistant Finance Director Charlie Hansen, HRG Administrator Tom Bublitz, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Ted Willard of the Brooklyn Center Prayer Breakfast Committee. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Paulson requested item 10d be removed. PERFORMANCE BOND RELEASE - HOLIDAY INN 2200 FREEWAY BOULEVARD There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to release the performance bond for Holiday Inn, 2200 Freeway Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO 89 -118 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1989 SEALCOATING PROGRAM PROJECT NO. 1989 -09, CONTRACT 1989 -C The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -119 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND AUTHORIZING PURCHASE OF A LASERJET PRINTER FOR ENGINEERING DIVISION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 6/26/89 _1_ r RESOLUTION NO. 89 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION MAKING NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR WEST RIVER ROAD BETWEEN INTERSTATE HIGHWAY 694 AND 73RD AVENUE NORTH (BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1988 -18) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION N0. 89 -121 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING RATES FOR RECYCLING SERVICES AND RECYCLING CONTAINER CHARGE FOR THE CITY OF BROOKLYN CENTER'S CURBSIDE RECYCLING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -122 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DOMESTIC ASSAULT INTERVENTION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brookdale East Cinema 5801 John Martin Drive Days Inn 1501 Freeway Boulevard Ground Round, Inc. 2545 County Road 10 Holiday Inn 2200 Freeway Boulevard La Casita Restaurant 2101 Freeway Boulevard Snyder Brothers Drug #18 1296 Brookdale Center T. Wright's 5800 Shingle Creek Pkwy. AMUSEMENT DEVICE - VENDOR D.V.M. Inc. d /b /a Dahlco 119 State Street Theisen Vending Co. 3804 Nicollet Ave. N. ITINERANT FOOD ESTABLISHMENT St. Alphonsus Fun Fair 7025 Halifax Ave. N. MECHANICAL SYSTEMS Blaine Heating, Air Cond. & Electric 13562 Central Ave. NE Erickson Heating & A/C 8823 Zealand Ave. N. Midwest Equipment Co., Inc. 300 West University 6/26/89 -2- Preferred Mechanical Services, Inc. 712 W. 77 1/2 St. T. G. S. Mechanical Inc. 50 Choctaw Circle RENTAL DWELLINGS Initial: Vinh & Ha Ly 6007 Brooklyn Blvd. Kathleen Matt 5621 Camden Ave. N. Jim Johnson 4201 Lakeside Ave. #216 James L. Erland 4207 Lakeside Ave. #223 William & Nancy Dahlquist 4700 -04 Lakeview Ave. N. Neil & Susan Grindheim 801 Woodbine Lane Capital Property Management 3506 Woodbine Lane Renewal: Lang - Nelson Associates Chalet Court Apts. Sheehy Management Company Shingle Creek Tower Irvin & Ruth Schloff 4819 Azelia Ave. N. Howard & Harriet Oien 5809 Brooklyn Blvd. Douglas & Kathleen Williams 5107 Drew Ave. N. Carlin Shefveland 5308 Emerson Ave. N. B. F. Dabrowski 5001 Ewing Ave. N. Michael L. Goodwin 5134 Ewing Ave. N. James & Agatha Eckman 5350 Irving Ave. N. Randy Elam 4200 Lakebreeze Ave. N. James & Bobbie Simons 4210 Lakebreeze Ave. N. Michael & Jane Danielson 4216 Lakebreeze Ave. N. John & Elizabeth Hass 4201 Lakeside Ave. #306 Joseph A. McFadden 4201 Lakeside Ave. #316 Thomas W. Kotila 5430 Morgan Ave. N. Tracy Rice 6907 Morgan Ave. N. Norwest Bank Minnesota 7002 Quail Circle W. Richard & Elfreda Ploof 5319 Queen Ave. N. Robert Baltuff 5930 Xerxes Ave. N. Agnes L. Janssen 1425 55th Ave. N. Bobby & Sally Robson 1107 57th Ave. N. Edward Doll 1201 57th Ave. N. Merle G. Biggs 3910 65th Ave. N. Joseph & Madeleine Roche 824 69th Ave. N. Dennis & Karen Peterson 4811 69th Ave. N. Myrna L. Hubert 5300 70th Circle N. The motion passed unanimously. OPEN FORUM Mayor Nyquist noted he had received a request from Jean Hammerlund, 6437 Unity Avenue North. Ms. Hammerlund stated she was present this evening to discuss the proposed route change for the 5D MTC bus. She turned in a petition signed by the neighborhood and stated she is concerned that the street would not withstand the extra traffic if the bus were rerouted. The Director of Planning and Inspection entered the meeting at 7:07 p.m. 6/26/89 -3- 3 The City Manager stated since the time that MTC made its route changes known to the neighborhood, they have met with members of the staff and have changed the proposed routes again. He noted these new route changes would mean even less traffic on Unity Avenue North & 65th Avenue North than there is currently running on these streets. The HRG Administrator left the meeting at 7:14 p.m. PRESENTATION - FRED PETERSON PEACEMAKER CENTER Mayor Nyquist briefly outlined the history of the Peacemaker Center noting it was approximately five years old. He then recognized Fred Peterson. Mr. Peterson spoke briefly regarding the issues the Peacemaker Center deals with and noted they work with youth and families at risk. He explained there are ten members on the board for the Peacemaker Center and went on to explain how the board envisions the program operating. He explained the board would like to form diagnostic teams which would include such people as clinical social workers, school representatives, practicing psychotherapists, members of the police department, and special interest /issues people. The City Attorney entered the meeting at 7:28 p.m. Councilmember Cohen inquired if the Peacemaker Center is seeking the Council's support. Mayor Nyquist stated he had asked Mr. Peterson to speak this evening to update the Council on what is happening with the Peacemaker Center and noted if any of the Council has any misgivings regarding the Peacemaker Center and the program, he would like to hear their feelings now. Councilmember Cohen stated he feels the past program has been very productive and felt since the program was used as a part of the All- America City application, the City should continue its support of the program. PRESENTATION - ANNUAL AUDITED FINANCIAL REPORT The City Manager noted Ed Robinson and Randy Mattson of Deloitte, Haskins & Sells are present this evening to speak regarding the annual audit. Mr. Robinson stated the annual audit went quite well and noted nothing came to the attention of the auditors that would cast doubt upon the procedures or staff of the City of Brooklyn Center. He noted it is his firm's responsibility to test the financial statements and express their opinion on these statements. Mr. Mattson briefly reviewed a few of the reports which were completed following the audit and explained a few of the recommendations which were made. He noted overall the changes which were recommended were housekeeping type recommendations. The Finance Director stated he has reviewed the reports with representatives of Deloitte, Haskins & Sells and noted staff will be coming back with a more detailed report during the budgeting session. He stated he would like to recognize the Assistant Finance Director for his work in preparing the financial audit. MAYORAL APPOINTMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to appoint Ms. Molly Malecki as Chairperson to the Planning Commission. The motion passed unanimously. 6/26/89 -4- 1 y APPROVAL OF MINUTES - JUNE 1 1989 - STRATEGIC PLANNING SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the June 1, 1989, meeting. The motion passed unanimously. APPROVAL OF MINUTES - JUNE 12 1989 - REGULAR SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to approve the minutes of the June 12, 1989, City Council meeting. The motion passed. Councilmembers Scott and Pedlar abstained from the vote. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Proposed Cost Distribution for Twin Lakes /Ryan Lake Outlet Modifications. The Director of Public Works briefly reviewed the flood plain area surrounding Twin Lakes /Ryan Lake. He noted the engineering study describes a system of improvements that can be made which will. 1. Somewhat lower the maximum high water level in these lakes. 2. Substantially reduce the length of time during which the lake levels remain high following a heavy runoff. 3. Maintain the same "run -out elevation" to assure that the lake levels during normal and dry periods are no lower than they are with the present outfall system. The Director of Public Works explained the total cost of the project is $154,600. He noted of that total, $153,900 is to be apportioned to the six cities within that branch of the watershed. He noted those cities are Brooklyn Center, Brooklyn Park, Crystal, Minneapolis, New Hope, and Robbinsdale. He stated the City of Brooklyn Center would also pay an additional $700 for construction of the proposed weir at France Avenue North because this is a local improvement which benefits the City of Brooklyn Center. He explained this would be a 1990 improvement. RESOLUTION NO 89 -123 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED COST DISTRIBUTION FOR TWIN LAKES /RYAN LAKE OUTLET MODIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 06/26/89). Councilmember Paulson inquired what process is used to notify people that the cost of the tree removal will be taken from special assessments. The Director of Public Works briefly reviewed the process which is used for ordering tree removal and assessing the costs. RESOLUTION NO 89 -124 Member Todd Paulson introduced the following resolution and moved its adoption: 6/26/89 -5- r , RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 06/26/89) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Execute a Joint Powers Agreement to Form the North Metro Mayors Association (NMMA). He explained this resolution, and the one which follows it on the agenda, make minor housekeeping changes and a name change to the Joint Powers Agreement which was signed with the Northern Mayors Association. He explained the name change is necessary to avoid confusion with northern Minnesota mayors and organizations. RESOLUTION NO. 89 -125 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT TO FORM THE NORTH METRO MAYORS ASSOCIATION (NMMA) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT TO FORM THE NORTH METRO DEVELOPMENT ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land Considered under Planning Commission Application No. 89009. He noted this item was first read on May 22, 1989, published in the City's official newspaper on May 31, 1989, and a public hearing was held on June 12, 1989. He stated further action regarding the ordinance was tabled at the June 12, 1989, meeting due to the lack of a required number of Councilmembers voting. He explained this item requires a 4/5's vote of the Council for passage. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to remove the tabling action on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land Considered under Planning Commission Application No. 89009. The motion passed unanimously. ORDINANCE N0. 89 -14 Member Philip Cohen introduced the following ordinance and moved its adoption: • 6/26/89 -6- AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND CONSIDERED UNDER PLANNING COMMISSION APPLICATION NO. 89009 The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 89016 SUBMITTED BY SHERMAN BOOSALIS INTERESTS INC REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 4,760 SQ. FT. ADDITION TO THE COMMERCIAL BUILDING AT 5939 JOHN MARTIN DRIVE FOR THE PURPOSE OF ESTABLISHING AN ETHAN ALLEN FURNITURE STORE IN THE BUILDING The City Manager noted this item was recommended for approval by the Planning Commission at its June 15, 1989, meeting. Councilmember Paulson left the table at 8:09 p.m. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one through three of the June 15, 1989, minutes and information sheet. He briefly went on to review the site and the proposed use of the building. He then reviewed the exterior treatment which is proposed for the building and the nine conditions which were recommended for approval of this application. Mayor Nyquist stated Councilmember Paulson has a conflict of interest regarding this application and will not be participating in any discussion or vote pertaining to this item. Mayor Nyquist inquired if the market has changed so much that it will allow this business to succeed when the other one failed. The Director of Planning and Inspection explained when the previous business opened, it hit a particularly downtime for construction of new homes. He stated this may be part of the reason the business failed. Mayor Nyquist then recognized Tim Mannie, representing the applicant, who stated the location of the first store was rather ill conceived because it was not in a retail area and it was off the beaten path. He stated he and the applicant feel this new location will work quite well because of Target and the other retail businesses in the area. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve Planning Commission Application No. 89016 submitted by Sherman Boosalis Interests, Inc. 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. 6/26/89 -7- 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. 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. B612 curb and gutter shall be provided around all parking and driving areas. 8. The plans shall be revised, prior to the issuance of permits to indicate: a) 250 watt bulbs on the light pole east of the northeast corner of the building so as to reduce light intensity at the property line to 10 foot candles. 9. The applicant is directed to work with staff on a mutually acceptable tint to the stuccato board treatment around the west, south and east sides of the building to be compatible with the brick treatment. The motion passed unanimously. Councilmember Paulson returned to the table at 8:11 p.m. PUBLIC HEARING - PROPOSED ALLEY IMPROVEMENTS Mayor Nyquist stated he would like to hear a brief overview of all four projects and then the Council would -take a short recess. He noted after the recess the public hearings would be opened individually for each project. The Director of Public Works stated these are the last four alleys within the City of Brooklyn Center which have not been improved. He noted originally there were 19 alleys within the City and went on to review the status of all alleys. He then briefly highlighted certain areas of the improvement policy pertaining to alleys. The Director of Public Works stated the Council is requested to also make a decision whether bituminous or concrete should be installed for each alley. He noted while bituminous is less expensive than concrete, it is more difficult to control the grades to allow for proper drainage when bituminous is used. He stated much of the concern regarding these alley improvements is to the cost of the special assessments and noted there is a deferred special assessment policy which has been approved by the Council. He briefly reviewed this policy for the Council. 6/26/89 -8- RECESS The Brooklyn Center City Council recessed at 8:43 p.m. and reconvened at 8:55 p.m. PUBLIC HEARING - ALLEY IMPROVEMENTS (CONTINUED) The Director of Public Works stated the Council may wish to consider each of the resolutions immediately following the closing of the public hearing on the improvement or may wish to complete all hearings before considering the adoption of any or all of the resolutions. He noted before voting on the resolution, the Council should, by motion, agree on which type of surfacing (concrete or bituminous) will be installed if the resolution is adopted. He added because each of these proceedings were officially initiated by City Council action, a 4/5's vote is required by Minnesota Statutes to order the improvement. He noted the vote on each resolution must be taken as a "roll call" vote. PUBLIC HEARING ON PROPOSED ALLEY IMPROVEMENT PROJECT NO 1989-08 (PAVING ALLEY BETWEEN FREMONT AVENUE AND GIRARD AVENUE FROM 55TH AVENUE TO 57TH AVENUE) The Director of Public Works briefly reviewed slides which showed the condition of the existing alley and indicated this alley is very flat. He knows this proposed improvement includes installation of a storm sewer for better drainage. He went on to briefly review the petition responses noting 27% of the people responding were in support of the improvement, 60% were in opposition of the improvement, and 13% of the property owners did not reply to the petition. He went on to review the costs of the project noting the differences between bituminous and concrete. The Director of Public Works stated his office did receive one letter from Alden and June Scofield of 5543 Fremont Avenue North. He noted the Scofields are very much opposed to the improvement. The Director of Public Works went on to explain the staff's definition of direct and indirect access to the alley. He stated a lot is considered to have direct access to the alley if the entrance to the garage abuts the alley. Councilmember Cohen inquired if there was a reason why bituminous was not the first choice of pavement for this alley. The Director of Public Works explained the grade in this alley is very flat. He noted concrete would be the best choice for pavement in this alley because you can more accurately control the grade when using concrete. He noted bituminous could be used but there would be more puddles. He noted eventually the puddles would cause deterioration of the bituminous. Councilmember Pedlar inquired if there would be a property value increase after the alleys are improved. The Director of Public Works stated the City must be able to demonstrate that the market value would increase, by at least the amount of the assessment, in order to be able to levy the special assessment. Councilmember Pedlar stated he noticed on the slides there were several homes where there is not an improved driveway or apron. He asked if the City requires this when the alley improvement is done. The Director of Public Works stated the City cannot require the property owner to put in a new driveway, however, an apron type area would be installed to prevent damage to the alley paving. 6/26/89 -9- r I Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed alley improvement project No. 1989 -08. He recognized Tom Ryan, 5550 Girard Avenue North. Mr. Ryan inquired why the assessment has been divided into two tiers of direct and indirect access for special assessments and also what the City's course of action would be if someone changes from indirect to direct access after the alley has been installed. The Director of Public Works stated the policy was changed to two tiers because those property owners who have direct access onto the alley would be benefiting more from the alley improvement than those who have indirect access. He stated if a property owner were to change from indirect access to direct access after the alley improvement, the City would not be able to go back and levy an additional amount. He noted this is not allowed under State law. Mayor Nyquist recognized Steve Smith, 5630 Girard Avenue North. Mr. Smith stated his driveway has access to Girard Avenue North, but he also has access to the alley by removing a section of his fence. He stated he felt his property should be considered an indirect access property. The City Manager indicated there were a few properties within these projects similar to Mr. Smith's case. He noted at the time of the special assessment hearing, the Council would have to make a decision as to what type of access Mr. Smith has to the alley. Mayor Nyquist recognized Louie Larson, 5620 Girard Avenue North. Mr. Larson stated he opposes the alley improvement because he does not have any access onto the alley. He stated he would be forced to take money from his retirement fund to pay for this improvement, and he does not believe that is fair because he would not gain any benefit from the project. Mr. Larson also stated he was concerned that by paving the alley, it would turn it into a raceway. The Director of Public Works stated a newly paved alley tends to be an invitation to speeding for a limited period of time. He explained State legislation has allowed communities to adopt a policy which allows City's to post a ten mile per hour limit in alleys. He noted by posting the alleys at ten miles per hour, it gives the police department something to work with for enforcement. Mayor Nyquist then recognized Larry Stanchfield, 5625 Fremont Avenue North. Mr. Stanchfield inquired how the asphalt would be repaired or redone in the future. The Director of Public Works stated when bituminous is installed, the grade set is very tight, and it is near to impossible to allow enough room to allow for an overlay. He noted the City would be limited to thin sealcoating layers. He noted in order to fully repair it in the future, they would have to tear out all the bituminous and relay it. Mayor Nyquist recognized Steve Tobago, 5636 Girard Avenue North. Mr. Tobago stated it appears that sooner or later this alley will have to be improved, and he feels the improvement should be done now when it is still somewhat less expensive than it will be in the future. Mayor Nyquist recognized the resident at 1313 57th Avenue North. He stated he has one of the unimproved driveways which Councilmember Pedlar inquired about. He noted his driveway is unimproved because a contractor has told him it is impossible to install a driveway at this time because of the water drainage problem. He stated he is very much in favor of this alley improvement. 0 6/26/89 -10- Mayor Nyquist inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on proposed alley improvement project No. 1989- 08wet. The motion passed unanimously. PUBLIC HEARING ON PROPOSED ALLEY IMPROVEMENT PROJECT NO 1989-15 (PAVING ALLEY BETWEEN GIRARD AVENUE AND HUMBOLDT AVENUE FROM 54TH AVENUE TO 55TH AVENUE The Director of Public Works briefly reviewed slides which show the condition of the alley in this area. He noted staff is also recommending installation of a storm sewer in this alley. He then went on to review the results of the petition noting that 50% of the property owners supported the improvement, 28% opposed the improvement, and 22% did not reply to the petition. The Director of Public Works then reviewed the costs of the improvement for both bituminous and concrete. The Director of Public Works stated he has received no written correspondence pertaining to this improvement. Councilmember Scott inquired if staff is recommending bituminous or concrete for this alley. The Director of Public Works stated this alley is also quite flat but not as critical as alley No. 1. He stated, however, staff preference is concrete paving for this alley. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed alley improvement project No. 1989 -15. He recognized Clifford Kuykendall, 5417 Girard Avenue North. Mr. Kuykendall stated he is in favor of paving the alley and noted he has lived there for 11 years and feels this paving should have been done 11 years ago. Mayor Nyquist then recognized g ized Cheryl Hetrick, 5408 Humboldt Avenue North. Ms. Hetrick stated she is very much in favor of the alley improvement because the present alley is very sloppy in the spring and fall. She noted, however, she is concerned with the possibility of speeding once the alley is improved. Mayor Nyquist recognized Dean Jacobs, 5453 Girard Avenue North. Mr. Jacobs stated he is in favor of the alley improvement, however, he is opposed to using concrete because of the expense. He stated he does not fully understand the issue of bituminous versus concrete. He stated he also does not understand the savings if all of the alleys are completed at one time versus doing individual alleys. The Director of Public Works stated he believes if three or four of the alleys are completed at one time versus one alley, there will be a 10 -15% savings for bituminous and a 15 -20% savings for concrete. He explained that the concrete contractor would need special tools and equipment to do the alleys and, therefore, the cost would be less if all the alleys needing concrete were completed at one time. Mayor Nyquist inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. 6/26/89 -11- I - I ' I There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing on proposed alley improvement project No. 1989 -15. The motion passed unanimously. The Director of Public Works stated staff has tried to be very conservative and would expect the actual cost to be lower than the estimates which are shown. PUBLISH HEARING ON PROPOSED ALLEY IMPROVEMENT PROJECT NO 1989-16 (PAVING ALLEY BETWEEN EMERSON AVENUE AND FREMONT AVENUE FROM 53RD AVENUE TO 54TH AVENUE The Director of Public Works briefly reviewed slides which show the condition of this alley and noted staff is also recommending installation of a storm sewer in this alley. He then went on to review the results of the petition noting that 58% of the property owners supported the improvement, 13% opposed the improvement, and 29% did not reply to the petition. He then went on to review the cost for bituminous and concrete improvements. He added staff is also recommending concrete for this alley. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed alley improvement project No. 1989 -16. He recognized Margarete Rosenow, 5357 Emerson Avenue North. Ms. Rosenow stated when she applied for a building permit for her new garage, she was told she would not be allowed to build the garage facing 64th Avenue North. She stated she was told the garage had to be built facing the alley. She explained it is difficult for her to drive into her garage without using her neighbor's driveway. She indicated the neighbor does not like Ms. Rosenow to use her driveway and, therefore, she does not park in her garage. She stated she feels she should not be charged for direct access because she cannot use her garage. The Director of Public Works stated staff would be willing to meet with Ms. Rosenow and work with her to possibly create a better access to her garage. He noted a final determination for the type of assessment does not occur this evening. Mayor Nyquist inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on proposed alley improvement project No. 1989 -16. The motion passed unanimously. PUBLIC HEARING ON PROPOSED ALLEY IMPROVEMENT PROJECT NO. PAVING ALLEY BETWEEN LAKEVIEW AVENUE AND TWIN LAKE AVENUE FROM LAKEBREEZE AVENUE TO LAKESIDE AVENUE) The Director of Public Works briefly reviewed the slides which show the condition of this alley. He noted in this particular alley there is a definite grade and installation of bituminous would be possible. He noted this alley is a dead -end, and it may not be necessary to pave the entire area. He went on to review the results of the petition noting 18% of the property owners supported the improvement, 46% opposed the improvement, and 36% did not reply to the petition. He then reviewed the cost of the improvement for bituminous and concrete. He stated staff would recommend paving only part of the alley and grading the alley extension. Councilmember Scott inquired what the cost of the improvement would be if only that part of the alley which is used is paved. The 6/26/89 -12- I Director of Public Works stated the improvement would only be approximately two - thirds of the cost of what was originally estimated. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed alley improvement project No. 1989 -17. Mayor Nyquist recognized Diane Schake, 4740 Twin Lake Avenue North. Ms. Schake stated she is in favor of the improvement, but she agrees with the staff that only the portion of the alley being used should be improved. She inquired if arrangements would be made to allow parking on the street during this improvement. The Director of Public Works responded affirmatively. Mayor Nyquist recognized Dave Weiss, 3735 Lakeview Avenue North. Mr. Weiss stated he is opposed to the improvement because he does not have direct access to the alley. He stated he feels the cost is prohibitive, and it has already been stated there is good drainage and no need for concrete paving to improve the drainage. He added he feels the improvement would only make the speeding problem worse. Mayor Nyquist recognized Betty Enge, 4752 Twin Lake Avenue North. Ms. Enge stated she can enter the garage for this property from two areas and was wondering how she was classified for the assessment. The City Manager stated staff and Council would have to review this property prior to the special assessment hearing. Mayor Nyquist inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded b Councilmember uncilmember Scott to close the public hearing on proposed alley improvement project No. 1989 -17. The motion passed unanimously. Mayor Nyquist asked the Council what type of paving they would recommend if the improvements were approved. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to install concrete paving in project Nos. 1989 -08, 1989 -15, and 1989 -16; and to install bituminous for project No. 1989 -17. The motion passed unanimously. Councilmember Cohen stated he drove along the alley referred to in project No. 1989 -08 and noted the alley is very wet. There was a motion by Councilmember Cohen and seconded by Mayor Nyquist to approve the alley improvement for project No. 1989 -08. Councilmember Paulson stated staff has completed a very thorough process for reviewing these alleys and making their recommendations. He stated if he were to make a decision based on the numbers of those property owners interested, he would have to say yes in some cases and no in others. Councilmember Pedlar stated he agrees the alleys do need improvement, but he feels it is unjust to lay the cost of this improvement on the senior citizens living in the area. 6/26/89 -13- Councilmember Paulson stated he would like to amend the previous motion to include all the projects. Councilmember Scott stated she has been through these types of hearings in the past, and she noted how greatly deteriorated the alleys have become since the last time they were discussed for improvement. She stated she hopes the residents realize this problem will not go away but it will get worse. She explained she went back to the records she kept in 1977 when these alleys were last discussed and noted the cost change has been astronomical since the last consideration. She noted this cost will continue to rise. Mayor Nyquist stated he did not believe it was a question of whether the property owners wanted the improvement or not but whether they wanted to pay for it or not. Councilmember Cohen stated he does not believe allowing an alley to stay open and unpaved for this long a time does not lend itself to Brooklyn Center being the urbanized area it promotes itself as being. He stated he believes it is not fair to the rest of the taxpayers in the City who must pay for the maintenance of these alleys year after year. The Director of Public Works pointed out the cost of improving these alleys has more than doubled since 1977. Councilmember Cohen stated when an alley is paved, the property lines are more defined and look neater. He stated it is best to maintain your property value by maintaining your property. Councilmember Cohen and Mayor Nyquist agreed to withdraw the motion to allow for further discussion of the other alley improvements. Mayor Nyquist inquired if there were any questions or comments pertaining to alley improvement project No. 1989 -15. There were no questions or comments. Mayor Nyquist inquired if there were any questions or comments pertaining to alley improvement project No. 1989 -15. The Director of Public Works stated the questions raised pertaining to direct and indirect access for assessments would be deferred until the assessment hearing. Mayor Nyquist inquired if there were any questions or comments pertaining to alley improvement project No. 1989 -17. Councilmember Scott stated she does not see a need to pave the far end of this alley and added she felt it would be more economically feasible to pave only the part which is being used. The Director of Public Works stated he would suggest vacating the unused portion of this alley and only maintaining the utility easements. Mayor Nyquist stated if there were no further questions or comments, he would entertain a motion for improvements on all four alleys. Councilmember Pedlar stated he did not understand why all four projects would be thrown into a heap. He stated the projects were reviewed individually, and he felt they should be voted on individually. Councilmember Scott stated it appears there is some agreement involving improvement project No. 1989 -16 and maybe the Council should start there. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve improvement project No. 1989 -16 using concrete pavement. A discussion then ensued regarding how this would affect Councilmember Paulson's earlier motion to handle all resolutions by one motion. I 6/26/89 -14- Councilmember Paulson made a motion to amend Councilmember Scott's motion to include improvement project Nos. 1989 -16, 1989 -17, and 1989 -08 for consideration. Councilmember Cohen seconded the amendment. The amendment passed unanimously. RESOLUTION NO 89 -127 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -08 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION N0. 89 -128 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -15 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -129 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -16 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -17 The motion for the _adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Councilmember Cohen left the table at 10:54 p.m. and returned at 10 :57 p.m. DISCUSSION ITEMS BROOKLYN CENTER TRANSPORTATION The City Manager explained the Human Rights and Resources Commission has been researching the transportation issue as it affects the Brooklyn Center community. He stated the commission has reached a point in which it requests further direction from the Council before proceeding on this project. Councilmember Scott stated she has spoke with many senior citizens who feel the City is not getting their money's worth from participation in the Five City 6/26/89 -15- Senior Transportation Program. The Personnel Coordinator stated this issue was also reviewed from the single parent family aspect. A discussion then ensued regarding the Hopkins Hop-A-Ride Program and how a similar type program may operate in Brooklyn Center. Councilmember Pedlar noted North Memorial Hospital will be starting a senior transportation program but added it would probably be for medical trips and not shopping. He noted staff and the Human Rights and Resources Commission may want to investigate this program. The Personnel Coordinator stated the Human Rights and Resources Commission does not wish to duplicate something that is already in existence. She stated presently the Human Rights and Resources Commission feels a self- contained program, with the exception of North Memorial Hospital, may work well in Brooklyn Center. Councilmember Paulson suggested adding North Hennepin Community College and the Vo-Tech in Brooklyn Park to the exceptions. The Personnel Coordinator stated she would have this area reviewed. There was a motion by Councilmember Scott and seconded by Councilmember Paulson directing the Human Rights and Resources Commission to draft a proposal for the Regional Transit Board for a transportation project. The motion passed unanimously. DISCUSSION OF APPOINTMENTS TO OPENINGS ON THE TOURISM BUREAU BOARD AND CABLE TV BOARD The City Manager stated he has received calls from both organizations requesting the City to appoint members to their boards. He noted it is not required that the member be an elected official, but he would request that a member of the Council be on the cable TV board. Councilmember Cohen pointed out with the amount of tax dollars being received from the tourism bureau, he felt the board member from Brooklyn Center should be an elected official. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to appoint Mayor Nyquist to the North Metro Convention and Tourism Bureau. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to appoint Councilmember Paulson as the board member to Northwest Community TV. The motion passed unanimously. DISCUSSION OF FEASIBILITY OF COUNCIL "WORK SESSION" The City Manager stated he would like to recommend the Council schedule a special work session meeting in July to hold an executive session to discuss the bargaining process and also to hold a tour of the City hall and community center. He stated he would like to tentatively schedule the meeting for July 17, 1989, at 7 p.m. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to tentatively set a work session meeting for July 17, 1989, at 7 p.m. The motion passed unanimously. Councilmember Cohen stated he would like to suggest the law firm put on a seminar for members of the advisory commissions and Council regarding the open meeting law and planning commission duties. The City Manager stated the 6/26/89 -16- s► ' Director of Planning and Inspection is working with Holmes and Graven to prepare a short seminar for the advisory commissions and councilmembers. DISCUSSION OF DRAFT OF SPECIAL USE PERMIT FOR STORING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS The City Manager noted the councilmembers received a copy of the proposed draft ordinance regarding requirements for special home occupations involving the parking of certain vehicles. He noted this draft ordinance is still valid except for the weight classification section. He stated staff still feels the special use permit would not be the appropriate way to approach this issue because it would be difficult for the Council to be consistent. He noted the Council could not use public support or opposition in making its judgment to allow or deny a vehicle. Councilmember Pedlar inquired what is being done for enforcement since the ordinance went into effect. The City Manager stated warnings have been issued, but staff is avoiding issuing tickets. Councilmember Pedlar stated he thought the City was going to issue warning tags so Council could get a better idea of the number of vehicles out there. The Director of Planning and Inspection stated it is not necessary to issue warning tags to determine the number of vehicles in the City. He noted his office currently has a list and the City can easily be surveyed for more vehicles. Councilmember Pedlar stated he felt it was time something was done regarding this issue. He stated he felt the Council should either throw out the ordinance or make it work. Mayor Nyquist stated he did not totally agree with the ordinance language but felt it is the best that can be done, and he noted doing nothing at all with the ordinance is worse yet. The City Manager stated staff could send out a notice of the ordinance instead of notice of violation. Councilmember Cohen stated he thought it would be best if staff started with the obvious vehicles and allow time to work with the more sensitive ones. There was a motion by Councilmember Scott and seconded by Councilmember Cohen directing staff to start issuing letters of notification regarding the ordinance. The motion passed unanimously. OTHER BUSINESS The City Manager stated the Chamber of Commerce has requested the City to pay for additional detour signage for the period when the Shingle Creek Parkway ramps are closed. He noted the Chamber of Commerce quoted a price for the additional signage, but he did not feel this was a correct price. He stated he would notify the Council later with the price for these signs. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:46 p.m. City Clerk Mayor 6/26/89 -17- CITY OF BROOKLYN CENTER Council Meeting Date 7/10/89 Agenda Item Number — 7a, / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: SUPERAMERICA ADDITION - APPROVAL OF PLAT, WITH CONDITIONS DEPT. APPROVAL: SY KVI *PP D I RECTOR OF PUBLIC WO MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) Explanation SuperAmerica, Incorporated and Miles and Shirley Fiterman seek approval of the final plat of the SuperAmerica Addition. Previous Council Action The Council on June 12, 1989, approved the preliminary plat, subject to the conditions outlined on the attached memorandum. As noted in that memorandum, all conditions but three -have been met. Staff Recommendation This plat is recommended for approval, subject to the three remaining conditions. The status of these conditions, is: • A Subdivision Agreement that is satisfactory to all parties has been negotiated and awaits execution. • Installation and inspection of monumentation need not be complete at the time of approval of the final plat but, according to the Subdivision Agreement, must be complete within thirty days of approval. • The cross access and cross parking agreements that are satisfactory to all parties have been negotiated and await execution. • � � July 5. 1989 n�~ TO: Sy FROM: Diane SUBJ: Status of SuperHnorioa Hddn I spoke with Charlie LoFevere and with David Newnan (for Fiternano/5H)' 1 > Cross access/parking agreement: Charlie has reviewed draft except legal descriptions; it is acceptable. Newman has not yet received legols. Has not yet been executed. 2) Vacation of easement: ordinance was approved` filing is in process. 3) Subdivision agreement: is out getting signatures. Will probably not be fully executed in time for the Council meeting. Charlie has not yet received from Newman a current abstract of the property' He apparently is having trouble getting information and/or documents from SuparHmerica in a timely fashion. Charlie 1s a bit disturbed about the number of loose ends, and thinks it "might make sense" to delay approval of the final plat' Newman will get bock to me July G with a better reading on when we might -' expect this information/documentation. ~- ` CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 I ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: July 10, 1989 RE: Final Plat - SuperAmerica Addition Conditions adopted for the preliminary plat by the City Council, at its June 12 meeting, are as follows: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The cross access and cross parking agreement covering the two lots shall be executed by the property owners and filed with the titles to the properties at the County prior to the issuance of building permits. 4. Partial vacation of the utility easement straddling the common property line shall be subject to normal ordinance procedure and shall be accomplished prior to the issuance of building permits for the shopping center. 5. Property monuments for the plat shall be installed and inspected prior to release of the site peformance guarantee. 6. The applicant shall enter into a subdivision agreement with the City stipulating the payment of special assessments for public improvements and the responsibility for subdivision improvements. Said subdivision agreement shall be executed prior to final plat approval. 1986 ALL-Ali[RKA OiY Conditions 1, 2, and 4 have been met. Conditions 3 and 6 have been met in principle, i.e., all parties have agreed to the draft of the agreements, but the documents have not yet been executed. Accordingly, I recommend approval of the final plat, subject to the following conditions: 1. The Subdivision Agreement shall be executed within 10 days. 2. The cross access and cross parking agreements shall be executed and filed with the titles to the properties before issuance of building permits. 3. Property monuments for the plat shall be installed and inspected prior to the release of the site performance guarantee. Respectfully submitted, 1 s Sy napp Director of Public Works cc: SuperAmerica Subdivision CITY OF BROOKLYN CENTER FINAL PLAT /RLS APPROVAL APPLICATION Please Print Clearly or Type Name of Proposed Plat /RLS SuperAmerica Street Address of Property Legal Description of Property (attached additional sheets, if necessary) Lot 1, Block 1, Shell's Brooklyn Center Addition, Lots 1 and 2 Shnpner�; Additinn Owner Name See Attached Phone No Address Owner's Representative See Attached Phone No Address (DO NOT WRITE BELOW THIS LINE) WATERSHED COMMISSION APPROVAL Shingle Creek Watershed West Mississippi Watershed Watershed Approval Date PRELIMINARY PLAT /RLS APPROVAL Planning Commission Application No 89014 Approval Date May 25, 1989 Planning Commission Recommendation: Approval with conditions City Council Action Approval with conditions City Council Approval Date June 12, 1989 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CITY COUNCIL ACTION ON FINAL PLAT /RLS APPLICATION SUBMITTED June 26,_1989 RECEIVED BY Sy Knapp (Date) RESUBMITTED RECEIVED BY (Date) Dates of Council Consideration: July 10, 1989 Approved Denied this day of 19 the following conditions: FORMS: Platapp.p FINAL PLAT /RLS APPROVAL PROCEDURE Before the city authorizes the release of the executed final plat the following procedure will be followed: 1. If the Owner or Applicant is unfamiliar with the final Plat /RLS approval process, prospective Owners /Applicants should arrange an informational meeting with Engineering Department staff to discuss submittal requirements and to become familiar with applicable ordinance and policy provisions. 2. At least 15 days prior to the council meeting the Owner or Owner's Representative submits the Final Plat /RLS Approval Application. Two copies of the proposed Final Plat/RLS must be attached to the application. 3. The Owner delivers 2 copies of the proposed Final Plat /RLS and a current (updated within 30 days of submittal) abstract of the property or registered property abstract to the City Attorney, Charles LeFevere, with the firm of Holmes & Graven, 470 Pillsbury Center, Minneapolis, Minnesota 55402, Telephone No. 337 -9215. 4. The City Engineer sends a print of the Final Plat /RLS to the City Attorney, reviews the document, hookup, ent re aces an agreements (developer, utility h k prepares Y g P Y easements, etc.) specified in Preliminary Plat /RLS approval conditions and submits the Final Plat /RLS to City Council for approval. i 5. The City Council acts on the Final Plat /RLS Approval Application and specifies conditions of approval. 6. The City Attorney reviews the Final Plat /RLS, the Abstract, any special agreements. He then prepares the Title Opinion and returns the Abstract to g P P P the Owner. 7. The City Engineer receives favorable Title Opinion from the City Attorney and sends the Owner the required agreements for execution. 8. The Owner delivers executed copies of the required agreements, two Final Plat /RLS mylars (1 labeled "City Copy "), and 1 - 200 scale mylar to the City Engineer. 9. The City Engineer confirms that all of the required documents have been executed and delivered, circulates the agreements and mylars for City signatures, prepares the documents needed for recording the Final Plat /RLS at Hennepin County and notifies the Owner that the Final Plat /RLS has been executed by the City may be picked up and taken to Hennepin County for recording. I NOTE: The procedure outlined above completes the Final Plat /RLS approval process required by the City of Brooklyn Center. Hennepin County has additional requirements for processing a Final Plat /RLS. If the Owner is not familiar with the County's requirements or with the filing process, we strongly recommend that the Owner delegate Plat /RLS recording to the Land Surveyor that prepared the Final Plat /RLS. FORMS: Platapp.p f , Legal Owner Representative Lot 1, Block 1 SuperAmerica Stations Bill Ferris, same Shell's Brooklyn Center 1240 West 98th Street as owner Bloomington, MN 55431 Also David Newman, Attn: Bill Ferris see below 887 -6157 Lot 1, Block 1 Ashland Oil Bill Ferris, same Shoppers Addition 1240 West 98th Street as owner Bloomington, MN 55431 Also David Newman, Attn: Bill Ferris see below 887 -6157 Lot 2, Block 1 Miles & Shirley Fiterman David Newman, Attorney Shoppers Addition 5217 Wayzata Blvd. 6401 University Ave. N.E. #212 #205 St. Louis Park, MN 55416 Fridley, MN 55432 546 -4600 571 -3850 CITY OF BROOKLYN CENTER Council Meeting Date 7/10/89 Agenda Item Number LL �-- REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: SUPERAMERICA ADDITION - APPROVAL OF SUBDIVISION AGREEMENT DEPT. APPROVAL: * * * * * * * * * * * ** N *�. DIRECTOR OF PUBLIC MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Explanation The attached Subdivision Agreement between SuperAmerica, Miles and Shirley Fiterman, and the City of Brooklyn Center specifies: • the reapplication of the unpaid portions of special assessments levied against the SuperAmerica Subdivision; • the utility connections and hookup charges; and • the other responsibilities of the Owner: a cross access and cross parking agreement; installation of survey monumentation; execution of a utility maintenance and inspection agreement; separate performance agreements for each owner; provision for construction in the future of additional parking spaces; and payment of SAC charges. All parties involved have agreed to the form of the Agreement, and it awaits execution. Staff Recommendation I recommend approval of this Subdivision Agreement. CITY OF BROOKLYN CENTER Council Meeting Date 7/10/89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: SUPERAMERICA ADDITION - APPROVAL OF SUBDIVISION AGREEMENT *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: * * * * * * * * ** KNAP * * DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Explanation • The attached Subdivision Agreement between SuperAmerica, Miles and Shirley Fiterman, and the City of Brooklyn Center specifies: • the reapplication of the unpaid portions of special assessments levied against the SuperAmerica Subdivision; • the utility connections and hookup charges; and • the other responsibilities of the Owner: a cross access and cross parking agreement; installation of survey monumentation; execution of a utility maintenance and inspection agreement; separate performance agreements for each owner; provision for construction in the future of additional parking spaces; and payment of SAC charges. All parties involved have agreed to the form of the Agreement, and it awaits execution. Staff Recommendation I recommend approval of this Subdivision Agreement. • CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 June 28, 1989 Mr. David P. Newman Herrick & Newman 6401 University Ave. N.E., Suite 205 Fridley, MN 55432 Re: Final Plat and Subdivision Agreement SuperAmerica Addition Dear Mr. Newman: Enclosed are three copies of the final subdivision agreement, SuperAmerica Addition, for execution. Please forward two executed copies to me at your earliest convenience. Note that Exhibit C, the utility agreement, must also be executed. I am expecting the final plat to be reviewed by the City Council at its July 10, 1989 meeting. Sincerely, S Knapp Director of Public Works Enclosure JR SUBDIVISION AGREEMENT THIS AGREEMENT, Made and entered into the day and year set forth hereinafter, by and between SuperAmerica, Inc., a Kentucky corporation and Miles and Shirley Fiterman, husband and wife, hereinafter collectively called the "Owner ", and the CITY OF BROOKLYN CENTER, a municipal corporation in the State of Minnesota, hereinafter called the "City ", WITNESSETH: WHEREAS, the Owner of all of Shell's Brooklyn Center Addition and all of Shoppers Addition, which are located in Section 36, Township 119, Range 21, in the City of Brooklyn Center, Hennepin County, State of Minnesota, wishes to resubdivide the property as part of a new plat, hereinafter called the "Subdivision "; and WHEREAS, Section 15 -109 of the Brooklyn Center City Ordinances requires the Owner to enter into agreement with the City to provide for the construction of improvements required to provide service to the Subdivision, and to provide for a method of payment for such improvements: NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DIVISION 1 - APPLICATION OF THIS AGREEMENT 1.1 That the provisions of this agreement shall apply to all portions of the Subdivision. All references to portions or tracts within the Subdivision shall be deemed to apply to all portions or tracts of the Subdivision, unless the context in which such reference is used clearly indicates it applies to only specified portions or tracts. 1.2 The provisions of this agreement shall run with the land and shall bind the Owner, its heirs, executors, and assigns. DIVISION 2 - UNPAID CURRENT ASSESSMENTS 2.1 That Exhibit A, attached hereto, summarizes the unpaid portions of current special assessments which have been levied against the Subdivision for improvement projects previously completed by the City. That the Owner hereby acknowledges the benefits received from these projects. That these assessments will be apportioned to the various tracts of the Subdivision as summarized in the attached Exhibit A. DIVISION 3 - FUTURE UTILITIES CONNECTIONS AND HOOKUP CHARGES 3.1 That Exhibit B, attached hereto, summarizes the utility connections and hookup charges which will be made to the various tracts within the Subdivision as they are developed. That the Owner hereby acknowledges the benefits received from these connections and hookups and that the Owner will be responsible for the payment thereof in accordance with established City policies. DIVISION 4 - OTHER RESPONSIBILITIES OF THE OWNER 4.1 In conjunction with the submittal of a Master Development Plan during the platting procedure, the Owner shall submit for review and approval b PP Y the City Attorney a cross access and cross parking agreement covering the two lots. This agreement shall be executed by the property owners, and shall be filed with the titles to the properties at the county prior to the issuance of building permits. This agreement shall include necessary restrictive covenants supplemental to the proposed Plan. Said restrictive covenants shall designate financial responsibility for operation and maintenance of the facilities. 4.2 That said restrictive covenants required in paragraph 4.1 above shall be filed with the Registrar of Titles, Hennepin County, Minnesota, prior to the issuance of building permits for the development of the Subdivision. 4.3 That the Owner shall provide for installation of survey monuments as comprehended under Chapter 15 of the Brooklyn C C' Ordinances. p rook yn enter City Ordi nc s. Said monumentation shall consist of installation of cast iron monuments at all block corners and cast iron or steel pipes or rods at all interior lot corners, points of deflection of block lines, and points of deflection of lot lines. The Owner shall provide a financial guarantee in the amount of $2,500.00 to guarantee said monumentation shall be installed within 30 days of approval of the final plat by the Brooklyn Center City Council. Said financial guarantee shall be provided in conjunction with those improvements considered necessa ry under paragraph 4.5. 4.4 That, upon installation of lateral water mains and /or lateral sanitary sewer mains within the Subdivision, the Owner shall provide an as- built survey, accurately depicting the location of said utilities. In addition, the Owner shall execute a Water and Sewer Main and Fire Hydrant Maintenance and Inspection Agreement, included herewith as Exhibit C, for all utility installations, both existing and proposed. 4.5 That each Owner will also be required to enter into a separate Q P financial performance agreement included herewith as Exhibit D, and provide a separate financial performance guarantee to assure that all other on -site improvements within the Subdivision will be constructed, developed, and maintained in conformance with the plans, specifications, and standards as required b the City's zonin a es as approved b th e Q and platting ordinances, and Y Y g P g � PP Y City Council on June 12, 1989, through Planning Commission Application No. 89013. That the Owner, in executing said financial performance agreement, acknowledges the conditions under which said guarantee has been provided and will be released. 4.6 That the Owner, at the direction of the City, shall construct additional future parking spaces in Lot 2, as required to provide for expanding parking needs. The future parking spaces shall be installed in accordance with the provisions of the site plans approved under Planning Commission Application No. 89013. 4.7 That the decision to construct said improvements under paragraph 4.6 may be made by the City Council if the Owner fails to provide said improvements. 4.8 That the Owner will be required to pay SAC charges as determined by the Metropolitan Waste Control Commission. DIVISION 5 - MISCELLANEOUS PROVISIONS 5.1 That the Owner agrees to pay to the City reasonable legal, engineering, and administrative fees, to be fixed by the court, in the event that suit or action is brought to enforce the terms of this agreement. 5.2 That the following exhibits, attached hereto, are made a part hereof by this reference: Exhibit E - proposed plat (P.C. Application No. 89014) Exhibit F - proposed site plan (P.C. Application No. 89013) 5.3 That, in the event of presently unforeseen circumstances brought about by causes beyond the control of the Owner or the City, which makes the development of the Subdivision impractical or impossible, this agreement may be voided. Majority vote of the City Council shall be required for recognition that such unforeseen circumstances in fact exist, such action to void this agreement shall not be taken if, in the judgement of the Council, irreparable damage to the City and the public interest would result from such action. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 19 GRANTOR: SUPERAMERICA, INC. and MILES AND SHIRLEY FITERMAN By: Its By: Its STATE OF COUNTY OF On this day of 19_, before me, a Notary Public within and for said County, personally appeared to me ersonall known, who, being P y g by me duly sworn he did say that he is the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires GRANTEE: CITY OF BROOKLYN CENTER BY Its Mayor BY Its City Manager WITNESSED: STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this day of before me a Notary Public within and for said County, personally appeared and to me personally known who, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notary Public My commission expires CITY OF BROOKLYN CENTER BY Its Mayor BY Its City Manager WITNESSED: STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of before me a Notary Public within and for said County, personally appeared and , to me personally known who, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notary Public My commission expires STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of before me a Notary Public within and for said County, personally appeared and Mayor to me personally known who, being by me duly sworn they City Manager did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notary Public My commission expires EXHIBIT A UNPAID CURRENT ASSESSMENTS Following is a summary of the unpaid portions of current assessments to the parcels included in this agreement. ----------------------------------------------------------------------- 1989 PAYMENTS (principle and interest certified to Hennepin County for collection with 1989 taxes) Shoppers Addition Lot 1 Block 1 — $26.62 (SuperAmerica Addition Lot 1 Block 1) Shoppers Addition Lot 2 Block I — 88.34 (SuperAmerica Addition Lot 2 Block 1) ----------------------------------------------------------------------- REMAINING PAYMENTS: After payment of 1989 principle and interest charges there will be no outstanding assessments to be apportioned. ----------------------------------------------------------------------- SUMMARY OF SPECIAL ASSESSMENTS: Balance After Property 1989 Tax Description _ S. A.-# Assessment Descr Total Payment ------------- - - - - -- - - - - - -- -------------------------- - - - - -- ---- - - - - -- Lot 1 Block 1 $0.00 $0.00 Shell's BC Addition Lot 1 Block 1 04450A Water Improvt 68A 20 $1,112.85 $0.00 Shopper's Addition 04682A Curb & Gutter 69A -15 $375.29 $0.00 04685A Storm Sewer 69A -20 $492.82 $0.00 $1,980.96 $0.00 Lot 2 Block 1 04447A Sanitary Lateral 68A $989.96 $0.00 Shopper's Addition 04450A Water Improvt 68A 20 $3,165.32 $0.00 04682A Curb & Gutter 69A -15 $917.41 $0.00 04685A Storm Sewer 69A -20 $1,635.94 $0.00 $6,708.63 $0.00 ------------- - - - - -- - - - - - -- -------------- - - - - -- ----- - - - - -- ---- - - - - -- EXHIBIT B UTILITY CONNECTIONS AND HOOKUP CHARGES Responsibility for Utilitv Service Connections The Subdivider shall be responsible for installation of all water service connections, sanitary sewer service connections, and storm sewer connections to existing utility mains and service stubs as may be required to provide service to the lots in the Subdivision. Hookup Charges 1. The water hookup charge rate is $8.75 per 100 square feet. This is subject to an annual adjustment based on the change in the Consumer Price Index for Minneapolis /St. Paul. The hookup charge is estimated to be: Shell's Brooklyn Center Addition Lot 1 Block 1: ---------------------------------------------- Total area subject to assessment 37,800 s.f. Less credit for units levied in 1964 20,250 s.f. Total area subject to assessment 17,550 s.f. x $0.0875 per s.f. Total water hookup charge $ 1,535.63 2. The hookup charges may be levied as a special assessment for a period of fifteen (15) years at an annual interest rate determined by the City Council when the levy is adopted. 3. The hookup charge is based on the rate for 1989. The hookup rate may be increased in future years. The final amount of the hookup charge will be established at the time the hookup agreement is executed by the owner. 4. The hookup charge for this Subdivision will be apportioned as below: SuperAmerica Addition Lot 1 Block 1 $1,535.63 Lot 2 Block 1 $ -0- Exhibit C EASEMENT AND AGREEMENT FOR MAINTENANCE AND INSPECTION OF UTILITY AND STORM DRAINAGE SYSTEMS THIS EASEMENT /AGREEMENT is entered into this day of , between the City of Brooklyn Center, a municipal corporation under the laws of Minnesota, hereinafter referred to as the CITY, and SUPERAMERICA/MILES AND SHIRLEY FITERMAN, hereinafter referred to as the OWNER. It is intended that the term OWNER shall apply to subsequent or part owners. WHEREAS, the OWNER holds title to certain property within the City of Brooklyn Center, County of Hennepin, State of Minnesota, described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the above described property is served by a water system which may include but not be limited to lateral mains, valves, fire hydrants and other appurtenant facilities; some or all of which system is constructed upon said property described above; and WHEREAS the OWNER is responsible for the inspection, maintenance P P repair and proper operation of said water system; and WHEREAS, failure to inspect, maintain, repair or properly operate said water system could result in loss of water, contamination or damage to this or other CITY systems or to other private properties; and WHEREAS, the above described property is served by a sanitary sewer system which may include but not be limited to lateral mains, manholes, cleanouts and other appurtenant facilities; some or all of which system is constructed upon said private property described above; and 1 WHEREAS, the OWNER is responsible for the inspection, maintenance, repair and proper operation of said sanitary sewer system; and WHEREAS, failure to inspect, maintain, repair or properly operate said sanitary sewer system could result in infiltration, flooding, pollution or damage to this or other CITY systems, or to other private properties; and WHEREAS, the above described property is served by a storm drainage system which may include but not be limited to storm sewer mains, storm water retention ponds and other appurtenant facilities; some or all of which system is constructed upon said private property; and WHEREAS, the OWNER is responsible for the inspection, maintenance, repair and proper operation of said storm drainage system in compliance with the standards established by the West Mississippi Watershed Management Commission and with CITY standards; and WHEREAS, failure to inspect, maintain, repair or properly operate said storm drainage system in accordance with said standards could result in flooding, pollution or damage to this or other City systems, or to other private properties; and WHEREAS, it is necessary that the CITY have control over and access to any utility and storm drain system specified above for purposes of inspection, maintenance, repair and proper operation. THEREFORE, IT IS AGREED between the parties hereto: 1. The CITY shall have access to each of the above - described systems, shown in Exhibit B, for the purpose of inspection, maintenance, repair and proper operation whenever the Director of Public Works, in the exercise of reasonable discretion, shall determine that such access is necessary. 2 2. Whenever inspection, maintenance, repair or proper operation is necessary, the CITY may, upon request of the OWNER, or on its own volition after reasonable (under the circumstances) notice to the OWNER, perform such work as is necessary, and the OWNER shall reimburse the CITY for the cost of labor, materials and equipment used in the work, plus a fixed charge of forty percent (40 %) of said costs as reimbursement for the proportionate cost of insurance, PERA contributions, vacations, sick leave, clerical, and other miscellaneous costs. 3. The OWNER agrees to indemnify and hold the CITY harmless from any claim for damages or other relief arising out of or in connection with any work done by the CITY on any of the above- described systems, unless arising out of the negligence or wrongful act of the CITY or its agents. 4. Notwithstanding anything in this Easement /Agreement to the contrary, this Easement /Agreement shall only be applicable to those lines, pipes and other parts of the water system, sanitary sewer system and storm drainage system described in this Easement/ Agreement and shown on Exhibit B that are located solely on the property owned by the OWNER and legally described on the attached Exhibit A and that are used solely and exclusively by the OWNER. 3 IN TESTIMONY WHEREOF, the Owner has caused these presents to be executed the day and year first above written. Owner Owner STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of before me personally appeared to me known to be the person(s) described in and who executed the foregoing and acknowledged that he executed the same as free act and deed. Notary Public State Deed Tax Due Hereon $ Torrens /Abstract Property 4 CITY OF BROOKLYN CENTER BY Its Mayor BY Its City Manager WITNESSED: STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of before me a Notary Public within and for said County, personally appeared and to me personally known who, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notary Public My commission expires 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All of Shell's Brooklyn Center Addition and all of Shoppers Addition, Hennepin County, Minnesota EXHIBIT • I �) wNrr.11Y PRELIMINARY PLAT OF: Wi z, SUPERAMERICA R ti � 7. x [ : .[+ r `_. ra. �'.[ d �•'.. -w �lrr:. «r :.'n.w. : «:i w :c �`ri.r."� �-.[r t �l_ µi e, 7 � ,.•1�� N.. [ .+r. Y«.•. w. °.xnln..w. «[wu • �.pppprLTM • • • N N. N r••••• w rN•NN I_r, r.lx r•.•. «N / I f 4N11P f • f it 73 W rw •'•"'r - xN 1 Mid INN MM �� }: +f••. I I !; - M. Nr [w il r•... • 1. Irl�� M N •MwM 1 • t L' 1 _� , • Ir' r A w... t- 1 1 I rl. w[ „ "' I Mlw •N IVI fi . •t,, . ° ^ 1 - 'r• .. . 1 :. r«« wr•N«r .. F 1--- --1, -AVENtiE— 'a [.- N• ,. LOCATION MAP 16 t� n•' rnurr•ou1 - I.gr�•r..... .N.r `::j•.r x.Y � �1 ' /I 'r •1 b «^. '• I % /• •I. : of •�• / • r ^ f n .,: •- ' r [ T �� - - e• "a c _ •� .3 f\\ •'t'"'S' n }V Jam+ . % J .' «• O • ,pl 6 A N' wrYl . a �x'�: r. 4' ;� `•q, �- s . /�♦ JT. Et `f . �•, / �•[-•• •11 --' n ( • /: .; \ r «... � f • 1. r ` 1 � C •�t • • \ • � CJ1 � / '� + •e' ��• 1 r• s•MY Ii �Y.1� ,Ir �� �u•T:[ x: 1"' 1 • .� r ."•r.` ' • • 1 ' s >; �\ _ / i NA ��� 1 . i ; S II i. C.I• [-+ _.�_- _ -. - -_ l � , J,��a L.�....r ,` � • e �\, �• ` c. / " .d At � O , [. nr , 1 � 1 • 'f�l Y•-•I •r '" 1 '[` 1':. f `•� 1 1 I L 1[' �� ,f ' - I 1 •- l 4 1 \ 1 1 r I I , I� 1 .::•• �:N"'... � -,`� •� r '� \ ra.11. IL' 10, I[✓ 1 1 , L 1.4172°aer 1 1 I 1 1 K I s - _ I I 1•eiONY ,I ' •s o 1 r :� ----° I 1 � i 1 i � 1 •I - •j-.I � 1 �fj I [ e7 pei[ •r. _ enlcic,• E 1 •! { 1 1 1 I 1 1 1 1 1 1 I 1 f�� -. •: t� +.r 4.rr. , � � + . 1u 1 ..' N jl 11 i[• �.[' :[ I ',' [ n o. '+u... \.N�1•'. f . •� V - •• -- [ i �: ' I ' ' R f ____ -- r �w_y 'Moro • hi �I'}' �i ' ql•. !' , f t • _u i !� I I i I [ � [ _ ___ SL9'IERAhf€fd' T! 1 • ' ,, -r [ +” .:� �i 17� y 1 1 l + ,il T }�'; f+ a [ t 1,•a IL J 1•t r r � � - ;:CCCr ✓;�1 /7: L' � N4LR7, t X..: T ; (: + "'.[` r++' n � 1 �. ' tl 7 i . IP � -` IJ i f -gip I r yl \i f [ � � ! t.f�• �� / 1 1 , : \ CNF i � � � � I � i �� E'l� }) r� 11 ti N '�,�` y�![ �I �• 1 T . � � •r s ' t , 1 .y�..�t►. � 1 `� �:: �eo0.r' [r + '�!YJ k ..i i ` !1 F [ ( '� ) Y N _ � �f1' �Q 1'� 11 f• [ ♦ : - i% f l �. P • - Y ' _ �. �P ��„` 1 ` • •S �� 1 ' i T7 + M 1� Y,J �r 1'r 1 4 _ � - � s ll tt�x .✓'d l ' /.1 }.1 .L'•1: ' I 1.�. .••.•cm 1 i6. ; +afA; l �. f _. •.,:- - - - - - - - - - -- - •+ ; • w.[.' . {•.. .a`:. �p}TP f r , SNAOPYNG CENTER \ . r." rr•r• �tv tI! [ ,y•: t1� /� Irai,, '•'• ` 1 I \ , „•1! �dw °$'° ' . r t 1 �T Q t. gi pZ O. I ul�. V 1 - > z 1 woorr cuw 1 1 ` \ nY[ g., d •[ ;4 l`, t rj�� i! M .. •J�ir\• _ rLl `` q41 b B4zoera r \ i .•- •sr.__ \` � . - �Y1 - � - I' - � � , // // C I :�(b •` roe I' / �' r "I�w� �' s' `li[w s' r "' /•' u L eee[a'a }•w /41 1 �.4. PLAT «[.. x436 48 N[A�/ r• s .. I �.' • r '_'' (1 R, L `i\� 1 i':13. I ti i'f: .[I �N[N... �•. � . ,... - f RA1;T F �,• �/ TRAt i f ! ��f� TR^•CT ; A ; I 1 \\[•I r 111. rxb uw w nNar. [rl« r y Qyr ►. wwxrlY. n •r. y. n..w rl [... r Mw.N••1 / 1 1 Ir• N• N Iwr w MII M. MNr •r 1•Ir w a•MI r« «w[ MNM M«r M•••Nr A x•rl••[• Mrr [ ' , � , t• „ rTr .... ti Y �° ••• Y I«II IM. I,I M x rrM•[I YN « 1[M xN x n+ W w.• M Yx M. Y (( - ., r "WI � N:� NNr« ♦. rN. .'•r[Yr N «•rY.' /l • I iYNl..f:.IrMI. , • SunJc ■.ond 6nrvcpluq' ■nc. 1 nrrrrr n•wl NI[wN °xM M•r •••• N rwrNb w M,M• MNI.IxI «w[. « •1 l•r « ♦ [ :�} r ,I :l.IYJ! �•[. • 1.1. 1•.� w 1.1 MN lr M N y.rl . x 1. IM[.. WNx [wNM 1"•:•1''• Ypli rxryrr•�ww•[lYM 1 YMY ^. 11[11 •1•r Iw• 4. w: MY IraNrr . M•.N 1 wl ° Y11x1 EXHIBIT B -2 V KEY NOTES: NOTES: -• •- ••^ O eorc. clue• •rrr. $fe Pa. l.1 A /1 CONC. nIM MAwO• • 0te •wr. O a <ne _V. OqN rAwwM •NOww VOII ewrw4 ara •r• `.• U roll Ur0u1. •/l Part. tA/1 i•ICtegNO < AT /w rlAlo01 O i<a DR Ir aer, 0.19 • TY ►. iNRU fi /1 ! all O tent. We •Ntu /w O t•' r,�w [1 MI • w.N. A /MI, O 'I lar ATJACN IKAw 11. f• /1 ® TOM Anlq•CN OrN00/ ..A, to /.\ r CO»C. .l <• < •e •.we ® A rAlwllre . At 0'M . r • - ' - `/ w.w.ft •e! Pl/0 .. t, J/1 $ •/1 O1 CONCNl II /glwALR ^ +• ^'�� ..'� CJ C.1 APNer To c"O. O Owl[r ARIA (- r « �' i s : • Y ®CMCN •A•N O N.C. IANKINO •rAC/ ♦r It' -0 © 00flwrAigw 1 N0C0 Rl ' /.\ wart row N•NOOR - 7.7 ew<ci Y.i•� . nt. NrO,1AN< — ._..�+ -' i ••. �� \-.• 1!f Pl T, r .N V ae a •YSOMO ORMCK w � O •Netw rl•Mrtt • M. •CNlf N/• INA t0•Ye1 ' •• ••-•"• ft! Ot T1fNr 10/1 M TewN• rlraACN G ! r a rlly n•ft$ e 661h AVENUE NORTH t w PAY Iat•rNON! © e,p-NOM urr• 0 fMAw•IONNCII I ' �- �� _- r... +� ^ ^••r O $Ira•reweeA rNAet•r1 aINN ew core SAO, •:ff r »r core. ••/{•)r$Pare ilrt Y rrw tAl I . r• /rr rN At Dal- ' I AO•a• e•J , "� 'Ni (nta lNOelet f•r '� ��' ' 7111 I <I •.• urr.<aC fexwra _ tF Agrfl 010'0. N 4004110" CO ter � •.•, _ -�� 1• YNO! 0 0 /r ORAO/ rANwO N01 {1 /N[ Ow 7Nt rIAN, rOf A <{ rr C ,• -~ ~~' O try roil$ iii, v •1 O /tP ION rNl$ •• w..• r -. w 101 P, It.... 0'•//' try • - • sir �r:• ...i - r ONif AO(0. 10.•0 _ _ ff.1r J .r. �.•- •'- .r -• - -•- • l l T om_ -- } ...»•r ... O Ra 01N1w. 1•.•00 •'. .,- ."'- -- 1 t0, 1 - y''.• -•�•._ . , O • T i .. ,......•,. +��. ( i.r IS Y 00 6A R- .0� t _ 1' 11' - $ r NC UNIT. NrwN•1n 1 \ 1 fir • IT 1e � ANO•I ••Oil • all /NT. It , •r •M 1. TAt'•/ 11111 1 . 8 44 0 ', �"' •^" 1 1 f,.c�w rl r <`'�' r 1 of + r .s • � nn . reNN•eNrr tawl '�' r t •a ."' it* reeer2NT1 -,\ _011 Nk ,�y r � •- � T•wer 1+pt r •r. ef•.r \ • ° a t '! \ l } 1 ► a - 11 -FIT ' ; • . ...• 1 rw.<Nr . r Ar nr I AF- � r r o r•cu• ... ( 1 1 > �. r � • --L«r ur r weal r { wr w Z ur r 1 - -- � •• -- rr ++� 1 0 ; 1 , $Y��1 � ' 1 � $waN•r<RgA •rugrni°NN i r fr.r f f..r 11+1. ••IAr .••swT• I 11 1 1 i .• r.oe. ur..a , T f w •r w+ r fr+ "r wr � � • I` a 1 1 1 1 � 1 ( � a - � 1 ; � ww•��....u.. I 1 \ • r o rwonNn tr,R '.. ' I NNo" CO. to i 1 a 1•r �, r n� - 1 �w.r •nA .4q..r --- noa. Un<•.•C •MM -- ----- - n f --- ` teer Q Ax -- tiM.. _._ __ _- — __ �_ -_ __ -- -_ — __ .- - -•. Lr1 a irw I O Oj SITE PLAN • - •. ..� r ti N.T...arc. e--r • .. nNn wlarnow rP. ••n ......• eHt• tlr Ctrnn THAT TwVlIN. 1rt4 , platAn -.1le U w•1nu•At °•r SITE I 1 4 •�' suerw /r, n•NU •Nwn u•o• wsw»er w Z nr ie�n� SUPERAMERICA aw < P.TH o�xr.uf ECCNej a.- w 'r� ..- urHiul•T „tttT.TfPr 6513 WEST RIVER ROAD •• BROOKLY N CENTER. MINNESOTA' r.. EXHIBIT D ` DEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN PERFORMANCE AGREEMEN File No. This Agreement is entered into by hereinafter called the Developer and the City of Brooklyn Center, a municipal Corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of and in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set forth, upon the real estate described as follows: The Work shall consist of the improvements described in the Development Plans, in the aforesaid Approval to P ( include any approved subsequent amendments) and shall be in compliance with all applicable Statutes, Codes and Ordinances of the City. COMPLETION DATE The undersigned Developer agrees that the said Work shall be completed in its entirety on or before the day of 19 , and no extension of time shall be valid un- less the same shall be approved in writing by the City Manager. Said extension of time shall be valid whether approved by the City Manager before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder shall in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It shall be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANC The Performance Agreement, in its entirety, shall remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the work. Any work not meeting such standard shall not be deemed complete hereunder. Notice of the date of Actual Completion shall be given to the Developer by the Director of Planning and Inspection of the City. FINANCIAL GUARANTEE I The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Managerof the City, in the amount of $ . Such Financial Guarantee shall continue in full force and effect until the City Council shall have by motion approved and accepted all of the Work undertaken to be done, and shall thereby have released the Surety and /or Developer from any further liability; provided however, that the City Council may b motion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. Such Financial Guarantee shall be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the following provisions which shall be deemed to be incorporated in such Financial Guarantee and made a part thereof. NOTICE The City shall be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within 10 days after such notice to it, the surety shall notify the City in writing of its in- tention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured. said time not to exceed 60 days unless approved by the City. (over please) REMEDIES FOR BREACH ' At any time after the Completion date and any extensions thereof, or during the Maintenanc Period, if any of the work is deemed incomplete, the City Council may proceed in any one or mar of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies here- under shall be in addition to any other remedies available to the City. 1) C ompletion by the City The City, after notice, may proceed to have the Work done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such Work the Surety and /or the Developer shall promptly pay the City the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond, it shall be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2) Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and /or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3) Deposit of Finacial Guarantee In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, in- cluding any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinbefore specified, and the balance shall be returned to the Surety. This money shall be deposited with the City within 10 days after written demand therefor, and if the Surety fails to make the required deposit within 10 days, the City shall have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. b) Funds on Deposit In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee im- mediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then pro- ceed to complete the Work, reimburse itself for the cost of completion as de- fined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement shall be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement shall be made in any such bond, but no corporate surety shall assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee shall be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this day of lg Witness Witness Subscribed and sworn to before me this day of lg Zoning Official P/I Form No. 23 Rev. 6 -77 EXHIBIT E i C f � r9• r,•„ wx•vuN �� PRELIMINARY PLAT OF SUPERAMERICA ._..x� w•" N w �- ,__.N_.,...., 1 i �,...; «.« xx w.N,, a. •._ ».. r'.'ii.N'", '. . "- �- ii:r�"W.. s-. nlr ...,.. rrr. W � ' exw itx ��11,, {N •+.uN •`ter x � �N� r.). W.x...«. rri. - � /r , C:1 r _I" r •. nu. 1 C uxnR x 1 �: •.{.N {I , ;� .N ii' =ii %, n i.. ,_! + �-: ; {��3: I / '' n {. ��� il�.,w. • { M.xx .h rr,l)r« ' y a { .I� •� r ,� / � l . �/ ' �UrP. M �ir. i M„r •wxrr 4 a. rrlx.)' r • ' & H -- — AVENUE= 6....' Tr . ►E N. LOCATION MAP , ° .r•ll ," F J —+�• 1 .a 7I CE P.-T 10 •°,.,s.t r -` ' N By02'a J2YAl _l r0 J �„•- r a al..' _ 6TH 4 a ,zx�� • M `.1�. ai° „...ra \ , i �' �+ �• .� �” •r / 1.:Ilt PiL'i "�'' pS ' } ' x . •," , ..'' - v M. / \ • r `. S '�' � a�• •r,l,r. i .. •u -'n (e,i �" \ ""• ' `` • 1 j. 1 /\ 1 f B,µ, 1\ N a / --�-- 'S� �,i 1 ••r••oc � 11 F 1 1 _ n r ., •'•� «,• ��. ,•Q / \ � lr \ � - _...` , / i H 68' �/ � 1 •� , r i ' r{ 11 i.• II (,.1' __.�_ - _ ._ \ .J, F � _ 4...wV- r + • O 1 � r r_._I / hi r' I9 '' 1 . T'� • , , � ) , 1 i I'IT '�I I' �..p - `-' j x. ,``.: � ?') ' x ro `•\ • � 1 Vi i. �" 7 4 aw - �: • I , Pr'7t nP � ( •r , •' 1 'a` Il' r _� .r .:. `�`\ \ I � r : i °• ( 1 ' 1 1 1 1 1 N 1 f 1 1 .i , I 1 r-- • I _ .. 1` � it �., 1 1 I 1 �rar ✓ ? 1 �I 1 I i a 1 � I ____ C.:"'x.. .... . -.• "` \ �[� f ; y' - i, r • ,. 61.731 89.11. , .1 • `{• r �J_ IL I lO i i 1111 1.4172a ce I 1 1 1 1 1 1 I 1 1•BtbR L ; .._.. 1 1 i 1 I I 1•,i - T't � ,I, 1 1 Y• � I' �� I ., - 'riGO�.` . t l � ��' .r 'r'' � ! 1 ♦ 1 •\ 1 � "� rr waif .•� - \ � I r'� i 4. ,.. y , _ !• � 3 I ' I 1 1 i i i 1 1 1 1 { 1 1 1 1 1 1 1 ��' j .. •. Ir �' . .' ' 1 1 '' I a.J � � 1 l i i -.. -- a �, 1 a, (J c 1 , 1 1 1 1 1 Vlfo; q.�y t 1.' 1 r sr I F[ t K ,il. li A { l - 1 � u • �`�� +1 1 r'..lal. 1 P jJ;: _�! ti:: r :• -• • +, d •'CL r t. -Y', {�R••! .t:i. fR Tf1':1 i �`1 � ti � ,�, 1 t:` a �'Wi + - ! 1 [!�j ���'�'ifF4`+1 #k�. Ki ip\N1� ,1 ..1 }re �s�li 1 l,:� ' a' _ .,� ,.� �i 11• i • t .d +' .i.;.l'7, �,: �_ ,b --- - 11 � � ij 11 rw.me ``,; `�.. . . y" � `• . yt �?;,'�17,,1 , f. - � ' M i_ _ _ _ _ _ -- --- - - - - • t , . IJ � � � +y CENTER 1 •' \ A' 1g = '' \\ 1 \ , .` Cf� r - _ _ _ _ -' Ns'Oi lo'r aa•A1 t - 6 I 1 r � -/a — y ,�, • °• g It t o%W� 71'. I a,,.' }•.... i ,n i y U. Q �1'� I ' , .+ I `' • , I a 1 • . 2 2 t +l I, �I'{p. • � u w. N�• .)\2 b942otra �.. uoam <w �\ 1 u8n S 1 i t^I \ rr / / / I • / ms • • / • /�• —N —rl- �" •� A li n ' \ \ \ e so / r ' 65216 PLAT :631.65 MEAS. / / - - - ix. • 1 •r ' •, I 1 1 ` ,� ...:i• • a)r.jx.WO.. `• a w �,•' \ ( f t � �\crc tilt Ynrr va+Mx• rx+ W{x•Nn i � flu, x,« r ,i iN w, « ru.). .h. ru.....rN) {rr•.• Nrwr.1 • 1 `_ ►.Y^ {••"� x wr « � rNN �,n i., an w Nt ww i..._ twxNN W,x. M)•.•1 w wNw� 1 .. ,. .:.�. {., r i .� r, ' �')� ))r. r,. x {r .r) «.{ ...r. N NN . «. r. ^`+'7 � . —fi I . x. "m {+ �'G� «•. - �, (yuuJe !_und burva`)'inp, ■nc. . M)rq x r,r n t x •xrl «. x IwU N rN.M Mr I"Y).+rl rwr. r " W , Nr• / wrN1 r•11)N .'w l ' � ,'i7.41 lws.,.. �.♦ Ili N. N. • NNI +.1 IMx r Nu.)r Ix. " «' " Ip•) l W"urw•r Irw••r IxM • • «.'+ 11'11 Mrri - WO••rV1Y1. xx •NIY 1 11Y�N {I EXHIBIT cr KEY NOTES: NOTES: » - ••...,• -,.» O CONC. two • TTI. a[t Col. a" /1 CONC• rYW MLANDo ; God, O � ` •` w `•• c rOR LAYOUT. [t[ D[fa. fi /1 ![ t[KT. MMY. [WM ►ARRMO lIM1VIN IOR fNTRI! ilT[: it O • t' IUII OtrTN IT. DRIY[ • TY ►. t TNRY fl /1 l all IWCLUOYJo • AT I~ Itlnlgt� / JI t[! 0l7. a/1 rr alai. wt aNeLTU �.. --•�' ,,,•�•±•!�„ O wWu was - w olr. iv/ rRloor .AARtW AwAI u O a I • w .w.IlCN .#—. w AACM or I ..M {• 11 AL `_ ,• «�• •••• w, i r w O Y{T AT [ACX NN.Al{ OTAC'•"��� 177 M ® • PA I N1 fIACl/ AT W. r. O D [' COIIC. wl [,[ wl •.wl O CONCAITI fWiwa I w.r «•» r. r • w. Y. t! a 011 a. • / 1, / / [ a a / 1 � O CON[TWCiION NWT NI CONC. O ORl /N AA[A • • «N,• •�• ~ter w ® CATCN •AW ;�..•.• O M.C. PARKING a1At! AT 17'•0• © OttlAYATNIN [ AlCO Rl MT. MYORANT /w� A1YI IOA N1MN:1I • Ow[CTION L.' tta 0[i. i7 • /l a /a af[ . • pRD[IO NTaAp{ i •-r. • �� O aWCR ILANT!•- TTr, aCA[IMtO TR.I CLO dwe • 7• [ V•NT t1ACAa K! N 1T01Y I• /1 r AAMWO tlTOACN Q ® 66th AVENUE NORTN —� a a W AT ► rntrllow{ ©eoNOeN$WD wT• • ". —Good" O a1N'[RA YfAICA 7RADtAN1 $ION OY CO•C►Ap ,' � « ��u. • `, • i «. r/ CONC. tAat D[tt i1 /1 TNRY t•/1 - IT rINAL Ott• 1 wI .wt 7NJMIMO IILa {MOW IrIlO.�M —AAA • �_•�•�• O AAaA'LIOMT w / CO . ... O {.Rr C OrL 1.N.NA1I{� MTl$ R[O'0. IN AOOITION TO RaT \,.» i`.Y •r,• r:.'.' YNOaRO t [TOAAO! TAN[• MOtlt Ml ON iN! NAM. NOT ALL 1•rA , C -� •' O {IT MT {O MAY $a Yt[O FOR TWa N Y 40[0, 17.000 GAL t'.t$' PLAN. [• Ir •• •r.; a .., »�rw. • rt :r ►AIYMY YNl4$[O, 1 ` 0.00 L __ ,.Ir• J ±» ^� ��� "" 4 A R1oulAR, w.oeo t. �y•�+., 1 1 L rnw _ f T AI aAIR..,..,.a A � —� — M� 1 111 J ANOrr Aaow • m aN1, n lir.iulntrr• .� � ' ' ® +__ -�.J• �rv� --"� .r • un l,n ll,C1{ + '.', •� /' •fit 'I Nr�.bl rrr,C$1 AT r.y PROrtATY LANI _ Y'M t!0 rIMN•lR1T uM C - , w = I l y •\ \\ .:�K%�J•� -11 •- .�' - .\. y, �. - __ � 11 II. 1.[If 1 \` _ _ ' w e' \ - ... 1` r - 4 I yr 4 a rw.mor.r.•r.r OI.M —�F _ Y __ o ...c..•I..•.« (r'''Jf• 1 0• y�, =� 1 .r VIM" � I _ ._ � �_ ,rl I � � 7 1 • 1 W Y [+ 1 1 �,L ► I L. _ _ It 1 M I W1lAAU[AIC4 tTAT10NIflONI - -- _ _- 4 I • ; rI {r.r l DnT. —4 Iu10.wr' • b•r trI if •rf N•• • • � � I 1 ,� t 1 �_ __- r.r A.A - n•�..- _ _ IF. I r� Oa0003 uol�WS eam a t•i' Nr.r Tlvr - •� / ` �, ____ rnDDr ar IaMN$ __ _ _ __ _ LiNt 1 I I M 1 1 •rommlr•AN.a .ArA t c.A1 • r»- t ua • r »• I I I I I ! F 1 I 1 i ^ 1 inAw.l .1 t I `..9114., it r nAn� 1 I 1 �.��.����_����� ..��_�_��_ �� i � �InDOIWnwIi,L t�•4y •� �»• �.��� ����_��� .1 w....H ((N x O SITE PLMN »�...«•.+�+L w.. .^,,, TIM CAia •uQ11T•• I IN /Af[V CIATIIY NI{ INATTrLAN,loIC. Ia171 -AIM IICAilON.O•rfIO.T WA{/AIrAA /0 a1 V1 � OAA —$1. •IrRY MAn.q DAnyr,l,w,yrnll.y n[ O[ Yn0 /• nV OY1<T tV r1r VIf10N ANO 11,'A{ p = Nwlrr TNAr unA OU{r $ICnnneD AncwrtwT S ITE PLAN II VC ~ .``-. SUPERAMERICA IINOUfNiLAW {O /TMa1TA /I Of ' 4 545 WEST RIVER ROAD * BROOKLYN CENTER, MINNESOTA' I Yw CITY OF BROOKLYN CENTER Council Meeting Date 7/10/89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPRQVEMENT PROJECT 1989 -14 (LANDSCAPE IMPROVEMENTS ON FRANCE AVENUE AND LAKEBREEZE AVENUE) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP IRECTOR OF PUBLIC WO MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Landscape improvements in the area of Minnesota Tile Sketchbook /Dale Tile were ordered by the City Council on May 22, 1989 by Resolution No. 89 -92. The proposal of Mickman Brothers Nurseries Inc. in the amount of $10,635.00 was accepted. The work has been completed and a request for payment has been received. Council Action Required A resolution is provided for the acceptance of the work performed under Improvement Project 1989 -14 and directing final payment be made on said improvement. ffa Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT 1989 -14 (LANDSCAPE IMPROVEMENTS ON FRANCE AVENUE AND LAKEBREEZE AVENUE) WHEREAS, pursuant to the written Contract for Improvement Project 1988 -14 and signed with the City of Brooklyn Center, Minnesota, Mickman Brothers Nurseries Inc. has satisfactorily completed the following improvement in accordance with said contract: LANDSCAPE IMPROVEMENTS ON FRANCE AVENUE AND LAKEBREEZE AVENUE IMPROVEMENT PROJECT NO. 1989 -14 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 Approved Final Amount . Original Contract $10,635.00 $10,585.00 2. The value of work performed is less than the original contract amount by $50.00 due to a deleted item of the planned 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 $10,585.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 7/10/89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT 1988 -17 (SIDEWALK INSTALLATION ON HUMBOLDT AVENUE AT 69TH AVENUE) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: ******* * * * * SY KNAPP *4* DleRECTOR OF PUBLIC WO ****** * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report ^ Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Sidewalk installation on Humboldt Avenue at 69th Avenue was ordered by the City Council on October 24, 1988 by Resolution No. 88 -176. The proposal of Schmidt Curb Co., Inc. in the amount of $3,962.50 was accepted. The work has been completed and a request for payment has been received. Council Action Required A resolution is provided for the acceptance of the work performed under Improvement Project- 1988 -17 and directing final payment be made on said improvement. I L 6 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT 1988 -17 (SIDEWALK INSTALLATION ON HUMBOLDT AVENUE AT 69TH AVENUE) WHEREAS, pursuant to the written Contract for Improvement Project 1988 -17 and signed with the City of Brooklyn Center, Minnesota, Schmidt Curb Co., Inc. has satisfactorily completed the following improvement in accordance with said Contract. SIDEWALK INSTALLATION ON HUMBOLDT AVENUE AT 69TH AVENUE IMPROVEMENT PROJECT NO. 1988 -17 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 Approved Final Amount Original Contract $3962.50 $3967.50 2. The value of work performed is $5.00 over the estimated amount due to underestimates 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 $3967.50. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 7/10/89 Agenda Item Number `�C'l REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT 1989 -11 (INSTALLATION OF 4" DIP WATER MAIN AT GARDEN CITY PARK) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: * * * * * * * * * * * *KNAPP� *D * RECT OF PUBLIC WO * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The installation of a replacement 4" water main to the shelter building in Garden City Park was ordered by the City Council on May 22, 1989 by Resolution No. 89 -98. The proposal of Glendale Contracting Inc. in the amount of $8,850.00 was accepted. The work has been completed and a request for payment has been received. Council Action Required A resolution is provided for the acceptance of the work performed under Improvement Project 1989 -11 and directing final payment be made on said improvement. r gel Member introduced the following resolution and moved its adoption: RESOLUTION NO. ES R OLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT 1989 -11 (INSTALLATION OF 4" DIP WATER MAIN AT GARDEN CITY PARK) WHEREAS, pursuant to the written Contract for Improvement Project 1989 -11 and signed with the City of Brooklyn Center, Minnesota, Glendale Contracting, Inc. has satisfactorily completed the following improvement in accordance with said Contract: INSTALLATION OF 4" DIP WATER MAIN AT GARDEN CITY IMPROVEMENT PROJECT NO. 1989 -11 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 Approved Final Amount Original Contract $8,850.00 $8,850.00 2. The value of work performed is the same as the original contract. 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 $8,850.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 7.1 n . 189 Agenda Item Number l oci REQUEST FOR COUNCIL CONSIDERATION is ITEM DESCRIPTION: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET, AND ACCEPTING BID AND AWARDING CONTRACT FOR HEATING SYSTEM IMPROVEMENTS AT MUNICIPAL GARAGE, IMPROVEMENT PROJECT 1989 -04, CONTRACT 1989 -D *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: .v Sy KNAPP ECTO OF PUBLIC WO S * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Explanation The existing heating system in the vehicles storage area at the Municipal Garage does not provide adequate heating and is in need of replacement. A plan for this improvement has been developed by Oftedal, Locke and Broadston (OL&B) our consulting engineers. That plan calls for the removal of the existing gas -fired propeller unit heaters and controls and installation of a new gas -fired radiant heating system. OL&B has estimated that the increased efficiency of these units will reduce gas costs by approximately $5000 /year (a 6 -year payback period). The 1989 budget includes an appropriation of $25,500 for this work. Unfortunately, that estimate did not include the cost for installing heating units in the vehicle wash rack area. Because we now believe it is essential to install those units to assure a balanced heating system which will serve the City's needs, we instructed OL&B to include those units into the "Base Bid," but to provide an optional deduct (i.e. - Alternate A -1) which allows deletion of those units from the current contract. Base Bid "B" is for a heating system other than that specifically recommended by OL&B. It is recommended that the Base Bid "A" of Minnegasco be accepted for this work. However, if the City Council prefers to accept the alternate deduct (i.e. Alternate "A -1 the resolution can be amended accordingly., , City Council Action Required A resolution is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET, AND ACCEPTING BID AND AWARDING CONTRACT FOR HEATING SYSTEM IMPROVEMENTS AT MUNICIPAL GARAGE, IMPROVEMENT PROJECT 1989 -04, CONTRACT 1989 -D WHEREAS, an improved heating system is required to serve the Municipal Garage, and the 1989 General Fund budget for Government Buildings Division 19 includes a $25,500 appropriation for the improvement of that heating system; and WHEREAS, it was deemed necessary to include additional facilities to heat the vehicle wash rack area which was not included in the original budget appropriation; and WHEREAS, the following proposals complying to specifications prepared by Oftedal, Locke and Broadston, consulting engineers for the City, have been received: Alternate Bidder Base Bid A A -1 Base Bid B BSC Mechanical Services No Bid No Bid No Bid Minnegasco, Inc. 29,551.00 - 3,827.00 No Bid New Mech Companies, Inc. 37,480.00 - 4,400.00 33,780.00 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: 1. The 1989 General Fund Budget be amended as follows: Increase the Appropriations for the following line item Government Buildings - No. 19, Object No. 4520 $4051 Decrease the Appropriations for the following line item Unallocated Dept. Expense - No. 19, Object No. 4995 $4051 2. The proposal of Minnegasco, Inc. to furnish and install the required heating units at a total cost of $29,551.00 is hereby accepted. The City Manager is hereby authorized and directed to enter into contract with said firm on the basis of that proposal. 3. All costs for the furnishing and installation of these heating system improvements shall be charged to the General Fund, Division 19 - Government Buildings. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 7 Agenda Item Number : REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL; MANAGER'S REVIEW /RECOMMENDATION: i E # No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached NO The attached resolution represents the official council action required to expedite removal of the trees most recently marked by the city tree inspector in accordance with the procedures outlined therein. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. RECOMMENDATION It is recommended the council adopt the attached resolution. �E Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 07/10/89) WHEREAS, a Notice to Abate Nuisance and Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove shade trees on the owners' property; and WHEREAS, the City can expedite the removal of these shade trees b P Y declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER DEAN PEARSON 5700 DUPONT AVE N 100 ROBERT PEPIN 6730 WILLOW LA N 101 ANDREW /JEANNE HOOKS 6808 BRYANT AVE N 102 ANDREW /JEANNE HOOKS 6808 BRYANT AVE N 103 HAROLD LONG, JR '6912 NEWTON AVE N 104 DOROTHY BRUESHABER 6925 NEWTON AVE N 105 KENN /TAMI BADOIS 3506 72ND AVE N 106 HLEN ESTREM 3707 72ND AVE N 107 RICHARD MILLER 3909 71ST AVE N 108 PETER GELLERMAN 7101 FRANCE AVE N 109 CLOEDA JORDAN 3619 URBAN AVE N 110 CHARLES WITRY 7119 EWING AVE N 111 HERSHAL /CHERYL OLSON 6532 BROOKLYN BLVD 112 PHYLLIS PLUMMER 6520 BROOKLYN BLVD 113 E A HANAUSKA 6538 BROOKLYN BLVD 114 RONALD JOHNSON 6531 CHOWEN AVE N 115 THOMAS /LISA BREKKE 6530 CHOWEN AVE N 116 ALLEN SEYMORE 6500 BEARD AVE N 117 ERNA LINDSAY 3218 QUARLES RD 118 ARLYCE SYRDAL 2813 65TH AVE N 119 ANNA PARPART 3119 65TH AVE N 120 C DAHL & N KARAS 6236 BROOKLYN BLVD 121 C DAHL & N KARAS 6236 BROOKLYN BLVD 122 ALAN CLARK 6234 BROOKLYN BVD 123 C BREKKE & T MARTIN 6207 CHOWEN AVE N 124 C BREKKE & T MARTIN 6207 CHOWEN AVE N 125 NGHIA & TRUNG LE 3412 62ND AVE N 126 BERNICE HLIVKA 6035 DUPONT AVE N 127 BERNICE HLIVKA 6035 DUPONT AVE N 128 BERNICE HLIVKA 6035 DUPONT AVE N 129 HENRY ULHORN 5207 E TWIN LAKE BLV 130 GEORGE BRAMBILLA 5233 E TWIN LAKE BLV 131 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER BRIAN MURN 5421 E TWIN LAKE BLV 132 RON /LEONE BALFANY 5500 FRANCE AVE N 133 HUBERT LUNDBERG 5319 NORTHPORT DR 134 H PAUL SULLIVAN 5949 XERXES AVE N 135 DERALD BORNHOLDT 5427 CAMDEN AVE N 136 THOMAS TORGERSON 5431 CAMDEN AVE N 137 OUTREACH GROUP HOMES 507 69TH AVE N 138 OUTREACH GROUP HOMES 507 69TH AVE N 139 TIMOTHY ROCKERS 7208 FREMONT AVE N 140 TIMOTHY ROCKERS 7208 FREMONT AVE N 141 TIMOTHY ROCKERS 7208 FREMONT AVE N 142 EINAR LANE 7200 FREMONT AVE N 143 HARRY GREEN 7223 FREMONT AVE N 144 RONALD OLLILA 7224 FREMONT AVE N 145 IND SCH DIST NO 11 7020 DUPONT AVE N 146 CITY OF BC CABLE PARK 147 CITY OF BC CABLE PARK 148 CITY OF BC CABLE PARK 149 CITY OF BC CABLE PARK 150 CITY OF BC CABLE PARK 151 CITY OF BC CABLE PARK 152 CITY OF BC CABLE PARK 153 CITY OF BC CABLE PARK 154 CITY OF BC CABLE PARK 155 CITY OF BC CABLE PARK 156 CITY OF BC CABLE PARK 157 CITY OF BC CABLE PARK 158 CITY OF BC CABLE PARK 159 CITY OF BC CABLE PARK 160 CITY OF BC CABLE PARK 161 CITY OF BC CABLE PARK 162 CITY OF BC CABLE PARK 163 CITY OF BC CABLE PARK 164 P J GAUGHAN, INC 6817 GRIMES PL 165 DARRYL /SANDRA HOWARD 6728 GRIMES AVE N 166 BRUCE TESMAR 3306 63RD AVE N 167 HUBERT LUNDBERG 5319 NORTHPORT DR 168 RALPH /KATY KUO 5330 NORTHPORT DR 169 THOMAS EGAN 5239 DREW AVE N 170 DAN HOLIEN 5206 DREW AVE N 171 PETER FABIAN 5036 DREW AVE N 172 DANIEL CHRISTENSEN 5201 EWING AVE N 173 EDNA WEDIN 5826 EWING AVE N 174 EDNA WEDIN 5826 EWING AVE N 175 VIOLA HARTY 5827 EWING AVE N 176A ANTOINE POMERLEAU 5821 EWING AVE N 176B STANLEY THORUD 5921 EWING AVE N 177 BLANCHE BAKER 4925 BEARD AVE N 178 JOSEPH KASPER 4901 ABBOTT AVE N 179 KEVIN /CIDY WHELAN 3310 50TH AVE N 180 CITY OF BC HAPPY HOLLOW PK 181 CITY OF BC HAPPY HOLLOW PK 182 CITY OF BC HAPPY HOLLOW PK 183 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER CITY OF BC HAPPY HOLLOW PK 184 CITY OF BC CENTERBROOK G C 185 WILLIAM TAMBLYN 4201 65TH AVE N 186 DONALD ELHARD 4307 WINCHESTER LA 187 ALEC STEVENSON 4500 WINCHESTER LA 188 WALTER ORGAS 4419 66TH AVE N 189 KENNETH GREGORNIK 4600 WINCHESTER LA 190 ELSIE KOWITZ 5118 65TH AVE N 191 GARY JOHNSON 5200 WINCHESTER LA 192 JEFFREY FANTON 5001 HOWE LA 193 MICHAEL /PAT GOODWIN 5006 HOWE LA 194 MARK /PEGGY CONNOY 6613 UNITY AVE N 195 RICHARD /ELIZ JUNGERS 5318 HOWE LA 196 JERROYL DEFER 6342 UNITY AVE N 197 RAYMOND ECKHOFF 6400 PERRY AVE N 198 ROBERT ACKERMAN 6424 QUAIL AVE N 199 JOHN /DIANIA HOOK 5113 ELEANOR LA 200 CARLO DEPAOLIS 5300 ELEANOR LA 201 ANDREW BODICK 6412 TOLEDO AVE N 202 ROBERT LANGSTON 5318 63RD AVE N 203 ROBERT /MARGAR JONES 5301 BOULDER LA 204 DON /MARCIA ELIASON 5313 BOULDER LA 205 JOHN MCNEIL 6110 REGENT AVE N 206 PATRICIA THOMPSON 6136 REGENT AVE N 207 ROBERT PAUL 6412 JUNE AVE N 208 CLIFFORD BARRINGER 4101 JANET LA 209 MICHAEL /BREN MALWITZ 4100 JANET LA 210 KEITH OLSON 4107 JANET LA 211 NATHAN /CATHER RONEY 6113 FRANCE AVE N 212 JOHN GALLAGHER 3819 61ST AVE N 213 BERNARD GILVIN 3901 61ST AVE N 214 PETER MIKELSON 4001 61ST AVE N 215 S &S /Z &B WALJI 6107 JUNE AVE N 216 DAN REMIARZ 6201 JUNE AVE N 217 MELISSA DONKERS 6230 LEE AVE N 218 B MILLER & K REAVES 6349 HALIFAX DR 219 S BERGERON /D ELSTAD 5942 VINCENT AVE N 220 ALICE PICARD 7107 EWING AVE N 221 B & V SUGIMURA 7124 FRANCE AVE N 222 STAN /LYNN LEINO 7118 FRANCE AVE N 223 ALVIN /OLGA MOLINE 7106 FRANCE AVE N 224 SCHOOL DISTRICT #286 5900 HUMBOLDT AVE N 225 SCHOOL DISTRICT #286 5900 HUMBOLDT AVE N 226 SCHOOL DISTRICT #286 5900 HUMBOLDT AVE N 227 SCHOOL DISTRICT #286 5900 HUMBOLDT AVE N 228' DONALD THOMPSON 5347 LOGAN AVE N 229 SIG /IRENE SWANSON 5509 KNOX AVE N 230 SIG /IRENE SWANSON 5509 KNOX AVE N 231 DONNAL SCHWANKE 5659 KNOX AVE N 232 STEVE /CHRIS BALTES 5228 EWING AVE N 233 STEVE /CHRIS BALTES 5228 EWING AVE N 234 DON /CHERYL HIMSL 4500 57TH AVE N 235 BC ASSEM OF GOD CHUR 6012 WASHBURN AVE N 236 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER MARSHALL THOMPSON 5530 GIRARD AVE N 237 HERBERT ZWIRN 5500 BRYANT AVE N 238 HERBERT ZWIRN 5500 BRYANT AVE N 239 HERBERT ZWIRN 5500 BRYANT AVE N 240 HERBERT ZWIRN 5500 BRYANT AVE N 241 RITA CRONANDER 5530 BRYANT AVE N 242 ARDELLE PEKA 5600 DUPONT AVE N 243 JOSEPH /MARY FAUST 5530 EMERSON AVE N 244 HELEN SIMONSON 5518 DUPONT AVE N 245 ROBERT WENDLING 5532 DUPONT AVE N 246 JAMES /MARI POPEHN 5801 EMERSON AVE N 247 JAMES /MARI POPEHN 5801 EMERSON AVE N 248 HELEN STAFFORD 5651 GIRARD AVE N 249 WAYNE /BOBETTE WEBER 5554 HUMBOLDT AVE N 250 MICHAEL JUSTIN 5528 HUMBOLDT AVE N 251 PHYLLIS LAPHAM 6719 GRIMES AVE N 252 STANLEY HAHN 4014 69TH AVE N 253 EVELYN JOHNSON 5821 DREW AVE N 254 JAMES /ANNA DOMAH 6224 DUPONT AVE N 255 MARK /DEBORAH WYNN 506 61ST AVE N 256 BC ECONOMIC DEVELOPM 5345 COLFAX AVE N 257 JOHN STORM 5525 CAMDEN AVE N 258 CITY OF BC RIVERRIDGE PARK 259 CITY OF BC RIVERRIDGE PARK 260 CITY OF BC RIVERRIDGE PARK 261 CITY OF BC RIVERRIDGE PARK 262 CITY OF BC RIVERRIDGE PARK 263 CITY OF BC RIVERRIDGE PARK 264 CITY OF BC RIVERRIDGE PARK 265 CITY OF BC RIVERRIDGE PARK 266 CITY OF BC RIVERRIDGE PARK 267 CITY OF BC RIVERRIDGE PARK 268 CITY OF BC RIVERRIDGE PARK 269 CITY OF BC RIVERRIDGE PARK 270 CITY OF BC RIVERRIDGE PARK 271 CITY OF BC RIVERRIDGE PARK 272 CITY OF BC RIVERRIDGE PARK 273 CITY OF BC RIVERRIDGE PARK 274 CITY OF BC RIVERRIDGE PARK 275 CITY OF BC RIVERRIDGE PARK 276 CITY OF BC RIVERRIDGE PARK 277 CITY OF BC RIVERRIDGE PARK 278 CITY OF BC RIVERRIDGE PARK 279 CITY OF BC RIVERRIDGE PARK 280 CITY OF BC RIVERRIDGE PARK 281 CITY OF BC RIVERRIDGE PARK 282 CITY OF BC RIVERRIDGE PARK 283 CITY OF BC RIVERRIDGE PARK 284 CITY OF BC RIVERRIDGE PARK 285 CITY OF BC RIVERRIDGE PARK 286 CITY OF BC RIVERRIDGE PARK 287 CITY OF BC RIVERRIDGE PARK 288 CITY OF BC RIVERRIDGE PARK 289 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER CITY OF BC RIVERRIDGE PARK 290 CITY OF BC RIVERRIDGE PARK 291 CITY OF BC RIVERRIDGE PARK 292 CITY OF BC RIVERRIDGE PARK 293 CITY OF BC RIVERRIDGE PARK 294 CITY OF BC RIVERRIDGE PARK 295 CITY OF BC RIVERRIDGE PARK 296 CITY OF BC RIVERRIDGE PARK 297 CITY OF BC RIVERRIDGE PARK 298 CITY OF BC RIVERRIDGE PARK 299 CITY OF BC RIVERRIDGE PARK 300 GEORGE VERBOS 2107 BROOKVIEW DR 301 LAURA CHRISTENSEN 2307 ERICON DR 302 MARK /CAROL TREAGER 6830 REGENT AVE N 303 ELMER FRANCIS 6725 REGENT AVE N 304 MARY LEE 6730 PERRY AVE N 305 MICHAEL ROLEK 7019 PERRY AVE N 306 COLLEEN MULLEN 7055 PERRY AVE N 307 HAROLD NORMAN 7037 REGENT AVE N 308 ROBERT /NANCY THEILER 7025 REGENT AVE N 309 RUTH M. DUBE 6913 REGENT AVE 310 RUTH M. DUBE 6913 REGENT AVE 311 EILEEN R KORLATH 6907 REGENT AVE N 312 EILEEN R KORLATH 6907 REGENT AVE N 313 EILEEN R KORLATH 6907 REGENT AVE N 314 VIOLET BRUNNER 5025 EWING AVE N 85 VIOLET BRUNNER 5025 EWING AVE N 86 DARLENE RIECK 5130 FRANCE AVE N 87 JAMES TOBIAS 5118 FRANCE AVE N 88 GLENN LANG 5019 DREW AVE N 89 SUSAN HILLSDALE 5649 FREMONT AVE N 90 MARJORIE NORBERG 6124 FREMONT AVE N 91 MARJORIE NORBERG 6124 FREMONT AVE N 92 STEVE /REBECCA DAHL 5537 JUDY LA 93 SHEILA WARD 5741 BRYANT AVE N 94 SHEILA WARD 5741 BRYANT AVE N 95 STANLEY ACKERMAN 5907 ALDRICH AVE N 96 MIKE /SHERRY BALSAM 5933 ALDRICH AVE N 97 ROLAND MORGAN 6115 ALDRICH AVE N 98 DEAN PEARSON 5700 DUPONT AVE N 99 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 7/10/89 Agenda !tern Number 2/-- L REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTIONS RELATING TO IMPROVEMENTS ON SHINGLE_CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KN PP RECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes At the time that Brookdale Square was developed in 1980, the Subdivision i Agreement which was executed between the City and Commercial Partners Inc. (the owners) included a covenant and agreement which provided for the installation of a traffic control signal system on Shingle Creek Parkway at the main entrance to Brookdale Square, with the provision that construction be completed before January 1, 1991 or at some earlier date if determined necessary by the City Council. The agreement also provides that the signal system be installed by the owner at his expense, or alternatively, by the City with full reimbursement from the owner. On November 7, 1988, the City Council adopted Resolution No. 88 -183 initiating action on this project. Upon notice of the City Council's action, the owner requested that the City install the project and levy special assessments for the full amount of the project costs against the property. Subsequently, City staff developed a conceptual plan for relocation and reconfiguration of the entrance to Brookdale Square. This plan (see copy attached) includes the following major features: o The main (northerly) entrance and median opening at Shingle Creek Parkway are closed and moved to a new location approximately 160 feet southerly of the present location. • Brookdale Square's internal traffic and parking layout is revised to • compliment the new entrance. • The directional left turn lane and median opening for southbound traffic at the secondary entrance to Brookdale Square (i.e. at the T. Wright's restaurant) is closed. However, the driveway is left open for right -in /right -out traffic. We believe this plan, in conjunction with the signal installation, will dramatically improve traffic flow on Shingle Creek Parkway and on -site. This revised plan was submitted to the owner for review and comment. After consideration and negotiations the owner has agreed to this plan, provided: • the City agrees to complete the on -site improvements (i.e. - the revisions to the internal traffic and parking layout) and to levy special assessments against the owner's property in the full amount of the cost of these improvements (in addition to the assessments for the signal system); and • the City agrees to complete the geometric improvements within the Shingle Creek Parkway right -of -way at no cost to the owner. Because Shingle Creek Parkway is a designated Municipal State Aid Street, the City is eligible to receive regular MSA reimbursement covering two - thirds of the cost of the signal system and the full cost of the geometric improvements. • Because of the various funding sources, and the need to comply to Minnesota Statutes Chapter 429 with respect to special assessments to be levied under these circumstances, it is desirable to establish and process the total improvement as three separate projects. Following is a summary of those projects and the funding sources. Improvement Project No. 1988 -24 1989 -18 1989 -19 Totals Description: Traffic Control Geometric Impr. On -site Signal System on Shingle Impr. Creek Pkwy. Brookdale Square Estimated Total Cost: $142,220 $59,204 $149,035 $350,459 Funding Sources: Special Assessments $142,220 -0- $149,035 $291,255 Regular MSA (Fund 2613) 94,860 59,204 -0- 154,064 Local MSA (Fund 2611) (94.860) -0- -0- (94,860) Total $142,220 $59,204 $149,035 $350,459 I� , Note The owner has not yet executed the proposed agreement. However, we recommend proceeding with advertisement for bids, etc. at this time to allow bids to be opened on August 10, and award of contracts on August 14. This will allow completion of all geometric improvements on Shingle Creek Parkway and all on -site improvements by approximately October 1, 1989. Because of the time required for delivery of traffic signal equipment, the traffic signals probably cannot be completed until late 1989 or early 1990. Should we encounter any problem with execution of the agreement by the owners, the bid opening date and /or the award of contract should be delayed until that agreement is fully executed. City Council Action Required Four resolutions are submitted for consideration by the City Council. The first approves the proposed agreement with Commercial Partners /Brookdale. The remaining three resolutions approve each of the three improvement projects. Note Minor changes need to be made to the proposed agreement and to the four resolutions. Revised copies will be submitted to the City Council at the meeting on July 10, 1989. • • JUL 10 1 89 14:30 H7L`1E5 cY GRAVEN P.2 i PETi NON AND WAIVER A OREEMENT THIS AGREEMENT made this day of 1989, by and between the City of Brooklyn Center, a Minnesota municipal Corporation (hereinafter referred to as the "City' :), and Commercial Partners /Brookdale, a Minnesota partnership (hereinafter referred to as the "Owner "); WITNESSETH: WHEREAS, The Owner is the owner of certain real property In the City of Brooklyn Center, legally described in Attachment One, attached hereto and hereby made apart hereof (hereinafter referred to as the "Subject Property"); and WHEREAS, Owner previously platted the Subject property and in connection therewith, entered into a development agreement entitled DECLARATION OF COVENANTS, and CONSTRUCTION AGREEMENT FOR A TRAFFIC CONTROL SIGNAL dated December 10, 1980 (hereinafter referred to as the "Declaration "); and WHEREAS, the Declaration obligated Owner to construct or finance the construction of a Traffic Control Signal, as defined In the Declaration,. upon the determination of a need therefor by the City Council of the City; and WHEREAS, the City Council has determined the need for the construction of the Traffie Control Signal and has also determined the need for certain geometric improvements to the roadway in the vicinity of the Subject Property, the relocation of the entrance to the Subject Property, and the resulting reconfiguration of a part of the driveway and parking area can the Subject Property (all of which are collectively referred to hereinafter as the "Improvement Project ") v v v v v v v v v v v v v v v •.: v .. v -- JUL 10 '89 13:30 HOLMES 8k GRAVEN P.3 which is depicted on Attachment Two, which is hereby made a part hereof, and the City has duly notified Owner of such determination; and WHEREAS, the Improvement Project includes s three city projects y F } designated City project number 1988 -24 (the traffic control signal system), city project number 1989 -18 (the geometric improvements on Shingle Creek Parkway, including that Part of the relocation of the entrance to the Subject property lying within the public right -of -way), and city project number 1989 -19 (on site improvements to Brookdale Square, including reconfiguration of the parking area on the Subject Property and that part of the relocation of the entrance to the Subject Property lying outside of the public right -of -way); and WHEREAS, the Owner wishes for the City o construct tract the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy i00% of the cost of the Owners Improvements, as hereinafter defined, against the Subject Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request by the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by Owner to ensure that the City will have valid and collectable special assessments to finance the cost of that part of the Improvement Project which is comprised of the Owners Improvements. WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner; 2 vvvvvvuvvv - - -- --- JUL 10 ?S9 14:31 HOLMES & GRAVEN P.4 NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Owner hereby petitions the City for construction of the Improvement: Project consisting generally of the design and construction of a traffic control semaphore to regulate ingress and egress of vehicular and pedestrian traffic to the Subject Property from Shingle Creek Parkway, certain geometric improvements to the roadway in the vicinity of the Subject Property, the relocation of the entrance to the Subject Property and the resulting reconfiguration of a part of the driveway and parking area on the Subject Property, all of which are comprised of city projects 1988 -24, 1989 -18 and 198919. 2. Owner represents and warrants that it is the Owner of 10496 of the Subject Property; that it has full legal power and authority to encumber the Subject Property as herein provided; and that as of the date hereof, owns fee simple absolute title in the Subject Property, which is not subject to any liens, Interest, or encumbrances, except as listed on Attachment Three, attached hereto and hereby made a part hereof. 3. Owner requests that 100% of the cost of the Owners Improvements be assessed against the Subject Property. Owner understands and agrees that the cost of the Owners Improvements will be determined in accordance with Minn. Stat Chapter 429 and standard city practices and that such cost may be as much as Three Hundred Thousand Dollars ($340,000). Special assessments shall be spread in accordance with standard city assessment practices and policies, against the Subject Property exclusive of public right -of -way or land dedicated to the public at the present time or upon future subdivision of the Subject Property. Owners Improvements include city project numbers 1988 -24 and 1989 --19. The costs to be assessed against the Subject Property include actual casts of constructing Owner's Improvements together with an additional nine percent (9%) to cover engineering costs, one percent (1%) to cover administrative costs, one percent (1%) to cover legal costs, and capitalized interest on the actual costs of construction from the date of payment to the city's contractor to the date of the levy of special assessments at the rate of twelve percent (12%) per annum. Estimated costs of the city projects comprising _the Improvement Project are shown on Attachment Pour, which is hereby made a part thereof. Casts shown on Attachment Four are estimates attached for informational purposes only and shall not be deemed to limit the authority of the City to levy special assessments otherwise conferred herein. 4. Owner waives notices of hearing and hearing pursuant to Minnesota Statutes Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Owners Improvements pursuant to Minn. Stat 5ectlon 429.061 and specifically request that the Improvement Project be constructed and special assessments levied therefor without hearing. 5. Owner waives the right to appeal the levy of special assessments in accordance with this Agreement pursuant to Minn Stat., Section 429.081, or reapportionment thereof upon land division pursuant to Minn. Stat., Section 3 JUL 10 Y 89 14:32 HjLMES & GRAVEN P 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments or reapportionment that: a. Any requirements of Minn. Stat Chapter 429 with which the City does not comply are hereby waived by Owner. b. The increase in fair market value to the Subject Property resulting from construction of the Improvement Project will be in an amount of at least the amount of the total potential project costs specified in paragraph 3, above, and that such increase in fair market value is a special benefit to the Subject 'Property. ev Assessment of 100% of the costs of the Owners Improvements against the Subject Property is reasonable, fair and equitable and there are not other properties against which such costs should be assessed. d. Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn Stat Section 429.017, Subd. 3. e. Upon platting or replatting of the Subject Property, the special assessments provided for herein or any unpaid installments thereof shall be levied against the entire tract of any lot, piece or parcel of land of which the Subject Property is made a part. 6. Owner understands and agrees that the City will provide for the payment of such special assessments in installments spread over a period of ten (10) years, bearing interest at a rate determined by the City Council, all in accordance with standard city special assessment practices and policies. 7. Owner hereby grants to the City a temporary construction easement over the Subject Property for construction of the Improvement Project, said temporary construction easement to expire on December 31, 1990. 8. The Covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the land legally described in Attachment One and bind all successors in interest thereof. It is the intent and agreement of the parties hereto that this Agreement be in a form which is recordable in the office of the County Recorder of Hennepin County, Minnesota and agree to make any changes in this Agreement to effect the recording and filing of this Agreement against the title of the Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments against the Subject Property levied pursuant to this Agreement for the Improvement Project and the City shall execute and deliver such documents in p i e , Project, y recordable form, as are necessary to extinguish its rights hereunder. 4 JUL 10 Y89 14:32 HOLMES f} GRHVEN Dated: CITY OF BROOKLYN CENTER By Its Mayor By Its City Manager COMMERCIAL PARTNERSIBROOKDALE By Its By Its BR291 -010 t s VVVVVVVUV VUVTU'JUUVVV JUL 10 Y 89 14:33 HOLMES « GRAVEN P. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 198_, by Dean Nyquist and Gerald Splinter, the Mayor and City Manager, respectively, of the City of Brooklyn Center, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA } } ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of �. : 198_, by and — , respectively, the and of Commercial Partners /Brookdale, a Minnesota partnership, on behalf of the municipal corporation. Notary Public VV V V V V V V VVl.'V I VV VL. - V VV JUL 10 Y89 14:33 HOLMES & GRAVEN P.8 ATTACHMENT ONE Lot 1, Block 2, Broukdale Square, exeept the easterly 33 feet thereof according to the plat on file in the office of the Hennepin County Recorder. h r y v JUL 10 '89 14:33 HOLMES x GRAVEN P y ATTACHMENT FOUR ESTIMATED COST OF BROORDALE SQUARE IMPROVEMENTS Y I. Project Project 1989 -18 1989 -19 Project Geometric On -Site 1988 -24 Improvements Improvements Traffic Control On Shingle Brookdale Cost Item Signal System Creek Parkwa §guare Entrance Total Construction, Including $ 115,625 $ 53,336 $ 121,168 $290,129 Contingency Engineering (9%) $ 19 t 407 $ 4,802 $ 10 $ 26,112 Administration (1%) $ 1,156 $ 533 $ 1,212 $ 2,901 Legal (1%) $ 1,156 $ 533 $ 1,212 $ 2,901 Capitalized Interest 13,876 $ - 0- $ 14 28 (1296) ESTIMATED TOTAL $ 142,220 $ 59,204 $ 149,035 $350,459 COST Funding Source Special Assessments., $ 142,220 $ -0- $ 149,035 $291,255 City Funds 0- - 5 04 - , $ 8 2 $ 1- 59,204 ESTIMATED TOTAL $ 142,220 $ 59,204 $ 149,035 $350,459 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING AGREEMENT WITH COMMERCIAL PARTNERS /BROOKDALE SQUARE WHEREAS, as per the Declaration of Covenants and Construction Agreement for a Traffic Control Signal, recorded with Hennepin County as Document No. 4631214, the City of Brooklyn Center now deems the installation of a Traffic Control Signal at the entrance to Brookdale Square necessary and in the best interest of the City; and WHEREAS, Traffic Signal Improvement Project No. 1988 -24 was established by Resolution No. 88 -183 dated November 7, 1988; and WHEREAS, the City of Brooklyn Center and Commercial Partners /Brookdale (hereinafter referred to as the "Owner ") wish to enter into an agreement for certain geometric improvements to the roadway in the vicinity of Brookdale Square and the resulting reconfiguration of a part of the driveway and parking area within the Brookdale Square property; and WHEREAS, a "Petition and Waiver Agreement" providing for the making of the proposed improvements by the City of Brooklyn Center, providing for cost distribution for those improvements, and specifying other assurances and waivers has been prepared, submitted to and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn'Center, Minnesota, that: 1. The Petition and Waiver Agreement between the City of Brooklyn Center and Commercial Partners /Brookdale which provides for the following improvements and cost estimates for those improvements is hereby approved. Improvement Project No. 1988 -24 1989 -18 1989 -19 Totals Description: Traffic Control Geometric Impr. On -site Signal System on Shingle Impr. Creek Pkwy. Brookdale Square Estimated Total Cost: $142,220 $59,204 $149,035 $350,459 Funding Sources: Special Assessments $142,220 -0- $149,035 $291,255 Regular MSA (Fund 2613) 94,860 59,204 -0- 154,064 Local MSA (Fund 2611) (94.860) -0- -0- (94.860) Total $142,220 $59,204 $149,035 $350,459 RESOLUTION NO. 2. The Mayor and City Manager are hereby authorized and directed to execute said agreement in behalf of the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1988 -24, BROOKDALE SQUARE TRAFFIC SIGNALS (MSA PROJECT NO. 109- 109 -24) WHEREAS, Traffic Signal Improvement Project No. 1988 -24 was established by Resolution No. 88 -183 dated November 7, 1988; and WHEREAS, by separate resolution the City Council has approved an agreement with the owners of property against which special assessments will be levied; and WHEREAS, the City Engineer has prepared plans and specifications for the improvement project listed below and has presented such plans and specifications to the City Council for approval: BROOKDALE SQUARE TRAFFIC SIGNALS IMPROVEMENT PROJECT NO. 1988 -24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The improvement is hereby ordered as proposed. 2. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: BROOKDALE SQUARE TRAFFIC SIGNALS IMPROVEMENT PROJECT NO. 1988 -24 3. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bid shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. I RESOLUTION NO. 4. The estimated cost of this project is $142,220. 5. The estimated cost will be financed by: � Special Assessments $142,220 Regular Municipal State Aid (Fund 2613) 94,860 Local Municipal State Aid (Fund 2611) (94.860) Total Revenue $142,220 6. Any difference that arises between the reimbursement from Municipal State Aid and the contribution by the Local Municipal State Aid Fund to finance a project remains in the Local Municipal State Aid Fund. The balance remains in the Local Municipal State Aid Fund; and may at the Council's discretion be used for projects or matching funds on State Aid qualified streets. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -18, GEOMETRIC IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE (MSA PROJECT NO. 109- 109 -25) WHEREAS, the City Engineer has prepared plans and specifications for the improvement project listed below and has presented such plans and specifications to the City Council for approval: GEOMETRIC IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE IMPROVEMENT PROJECT NO. 1989 -18 AND WHEREAS, by separate resolution the City Council has approved an agreement with the owners of property against which special assessments will be levied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The improvement is hereby ordered as proposed. 2. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: GEOMETRIC IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE IMPROVEMENT PROJECT NO. 1989 -18 3. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bid shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. RESOLUTION NO. 4. The estimated cost of this project is $59,204. 5. The estimated cost will be financed by: Regular MSA (Fund 2613) $59,204 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -19, ON -SITE IMPROVEMENTS TO BROOKDALE SQUARE ENTRANCE WHEREAS, the City Engineer has prepared plans and specifications for the improvement project listed below and has presented such plans and specifications to the City Council for approval: ON -SITE IMPROVEMENTS TO BROOKDALE SQUARE ENTRANCE IMPROVEMENT PROJECT NO. 1989 -19 AND WHEREAS, by separate resolution the City Council has approved an agreement with the owners of property against which special assessments will be levied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The improvement is hereby ordered as proposed. 2. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: ON -SITE IMPROVEMENTS TO BROOKDALE SQUARE ENTRANCE IMPROVEMENT PROJECT NO. 1989 -19 3. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bid shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. 4. The estimated cost of this project is $149,035. 5. The estimated cost will be financed by Special Assessment to the owners of Brookdale Square in the amount of $149,035. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 7 /10/89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTIONS RELATING TO IMPROVEMENTS ON SHINGLE.CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP D RECTOR OF PUBLIC WORKS k*Z* MANAGER'S REVIEW /RECOMMENDATION: tan No comments to supplement this report - Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes At the time that Brookdale Square was developed in 1980, the Subdivision • Agreement which was executed between the City and Commercial Partners Inc. (the _ owners) included a covenant and agreement which provided for the installation of a traffic control signal system on Shingle Creek Parkway at the main entrance to Brookdale Square, with the provision that construction be completed before January 1, 1991 or at some earlier date if determined necessary by the City Council. The agreement also provides that the signal system be installed by the owner at his expense, or alternatively, by the City with full reimbursement from the owner. On November 7, 1988, the City Council adopted Resolution No. 88 -183 initiating action on this project. Upon notice of the City Council's action, the owner requested that the City install the project and levy special assessments for the full amount of the project costs against the property. Subsequently, City staff developed a conceptual plan for relocation and reconfiguration of the entrance to Brookdale Square. This plan (see copy attached) includes the following major features: o The main (northerly) entrance and median opening at Shingle Creek Parkway are closed and moved to a new location approximately 160 feet southerly of the present location. • o Brookdale Square's internal traffic and parking layout is revised to • compliment the new entrance. o The directional left turn lane and median opening for southbound traffic at the secondary entrance to Brookdale Square (i.e. - at the T. Wright's restaurant) is closed. However, the driveway is left open for right -in /right -out traffic. We believe this plan, in conjunction with the signal installation, will dramatically improve traffic flow on Shingle Creek Parkway and on -site. This revised plan was submitted to the owner for review and comment. After consideration and negotiations the owner has agreed to this plan, provided: • the City agrees to complete the on -site improvements (i.e. - the revisions to the internal traffic and parking layout) and to levy special assessments against the owner's property in the full amount of the cost of these improvements (in addition to the assessments for the signal system); and • the City agrees to complete the geometric improvements within the Shingle Creek Parkway right -of -way at no cost to the owner. Because Shingle Creek Parkway is a designated Municipal State Aid Street, the City is eligible to receive regular MSA reimbursement covering two - thirds of the cost of the signal system and the full cost of the geometric improvements. • Because of the various funding sources, and the need to comply to Minnesota Statutes Chapter 429 with respect to special assessments to be levied under these circumstances, it is desirable to establish and process the total improvement as three separate projects. Following is a summary of those projects and the funding sources. Improvement Project No. 1988 -24 1989 -18 1989 -19 Totals Description: Traffic Control Geometric Impr. On -site Signal System on Shingle Impr. Creek Pkwy. Brookdale Square Estimated Total Cost: $142,220 $59,204 $149,035 $350,459 Funding Sources: Special Assessments $142,220 -0- $149,035 $291,255 Regular MSA (Fund 2613) 94,860 59,204 -0- 154,064 Local MSA (Fund 2611) (94,860) -0- -0- (94,860) Total $142,220 $59,204 $149,035 $350,459 • Note The owner has not yet executed the g ro osed agreement. However, we P P recommend proceeding with advertisement for bids, etc. at this time to allow bids to be opened on August 10, and award of contracts on August 14. This will allow completion of all geometric improvements on Shingle Creek Parkway and all on -site improvements by approximately October 1, 1989. Because of the time required for delivery of traffic signal equipment, the traffic signals probably cannot be completed until late 1989 or early 1990. Should we encounter any problem with execution of the agreement by the owners, the bid opening date and /or the award of contract should be delayed until that agreement is fully executed. City Council Action Required Four resolutions are submitted for consideration by the City Council. The first approves the proposed agreement with Commercial Partners /Brookdale. The remaining three resolutions approve each of the three improvement projects. Note Minor changes need to be made to the proposed agreement and to the four resolutions. Revised copies will be submitted to the City Council at the meeting on July 10, 1989. 8� Member introduced the following resolution and moved its adoption: ro va to , } , t, RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH COMMERCIAL PARTNERS /BROOKDALE WHEREAS, as per the Declaration of Covenants and Construction Agreement for a Traffic Control Signal, recorded with Hennepin County as Document No. 4631214, the City of Brooklyn Center now deems the installation of a Traffic Control Signal at the entrance to Brookdale Square necessary and in the best interest of the City; and WHEREAS, Traffic Signal Improvement Project No. 1988 -24 was established by Resolution No. 88 -183 dated November 7, 1988; and WHEREAS, the City of Brooklyn Center and Commercial Partners /Brookdale (hereinafter referred to as the "Owner ") wish to enter into an agreement for certain geometric improvements to the roadway in the vicinity of Brookdale Square and the resulting reconfiguration of a part of the driveway and parking area within the Brookdale Square property; and WHEREAS, a "Petition and Waiver Agreement" providing for the making of the proposed improvements by the City of Brooklyn Center, providing for cost distribution for those improvements, and specifying other assurances and waivers has been prepared, submitted to and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Petition and Waiver Agreement between the City of Brooklyn Center and Commercial Partners /Brookdale which provides for the following improvements and cost estimates for those improvements is hereby approved. Improvement Project No. 1988 -24 1989 -18 1989 -19 Totals Description: Traffic Control Geometric Impr. On -site Signal System on Shingle Impr. Creek Pkwy. Brookdale Square Estimated Total Cost: $142,220 $59,204 $149,035 $350,459 Funding Sources: Special Assessments $142,220 -0- $149,035 $291,255 Regular MSA (Fund 2613) 94,860 59,204 -0- 154,064 Local MSA (Fund 2611) (94.860) -0- -0- (94.860) Total $142,220 $59,204 $149,035 $350,459 RESOLUTION NO. 2. The Mayor and City Manager are hereby authorized and directed to execute said agreement in behalf of the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. PETITION AND WAIVER AGREEMI ENT THIS AGREEMENT made this day of 1989, by and between the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "City"), and Commercial Partners/Brookdale, a Minnesota partnership (hereinafter referred to as the "Owner"); WITNESSETH: WHEREAS, The Owner is the owner of certain real property in the City of Brooklyn Center, legally described in Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property"); and WHEREAS, Owner previously platted the Subject Property and in connection therewith, entered into a development agreement entitled DECLARATION OF COVENANTS, and CONSTRUCTION AGREEMENT FOR A TRAFFIC CONTROL SIGNAL dated December 10, 1980 (hereinafter referred to as the "Declaration"); and WHEREAS, the Declaration obligated Owner to construct or finance the construction of a Traffic Control Signal, as defined in the Declaration, upon the determination of a need therefor by the City Council of the City; and WHEREAS, the City Council has determined the need for the construction of the Traffic Control Signal and has also determined the need for certain geometric improvements to the roadway in the vicinity of the Subject Property, the relocation of the entrance to the Subject Property, and the resulting reconfiguration of a part of the driveway and parking area on the Subject Property (all of which are collectively referred to hereinafter as the "Improvement Project") which is depicted on Attachment Two, which is hereby made a part hereof, and the City has duly notified Owner of such determination; and WHEREAS, the Owner wishes for the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy 100% of the cost of the Owners Improvements, as hereinafter defined, against the Subject Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request by the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by Owner to ensure that the City will have valid and collectable special assessments to finance the cost of that part of the Improvement Project which is comprised of the Owners Improvements. WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner; NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Owner hereby petitions the City for construction of the Improvement Project consisting generally of the design and construction of a traffic control semaphore to regulate ingress and egress of vehicular and pedestrian traffic to the Subject Property from Shingle Creek Parkway, certain geometric improvements to the roadway in the vicinity of the Subject Property, the relocation of the entrance to the Subject Property and the resulting reconfiguration of a part of the driveway and parking area on the Subject Property. 2. Owner represents and warrants that it is the Owner of 100% of the Subject Property; that it has full legal power and authority to encumber the Subject Property as herein provided; and that as of the date hereof, owns fee simple absolute title in the Subject Property, which is not subject to any liens, interest, or encumbrances, except as listed on Attachment Three, attached hereto and hereby made a part hereof. 2 3. Owner requests that 100% of the cost of the Owners Improvements be assessed against the Subject Property. Owner understands and agrees that the cost of the Owners Improvements will be determined in accordance with Minn Stat Chapter 429 and standard city practices and that such cost may be as much as ($ ). Special assessments shall be spread on an area basis in accordance with standard city assessment practices, against the Subject Property exclusive of public right -of -way or land dedicated to the public at the present time or upon future subdivision of the Subject Property. Owners Improvements include the design and construction of a traffic control semaphore to regulate ingress and egress of vehicular and pedestrian traffic to the Subject Property from Shingle Creek Parkway and all improvement to, and the relocation of, the driveway and parking area of that part of the Subject Property P lying outside of the Y g y a public right -of -way necessitated by the relocation of the entrance to the Subject Property. The costs of Owner Improvements include all direct costs of designing and constructing such improvements together with a pro rata share, as determined by the City Engineer, of that part of the total costs of the Improvement Project which are not direct costs of the design and construction of either the Owner Improvements or the City Improvements (as hereinafter defined) determined b multiplying ll y b a of that part of the total Improvement Project costs which are not direct costs of either the Owner Improvements or the City Improvements times a fraction, the numerator of which is the direct costs of designing and constructing the Owners Improvements and the denominator of which is the sum of the direct costs of designing and constructing both the Owner Improvements and the City Improvements. The City Improvements include the design and construction of all geometric improvements to the roadway and improvements to and relocation of the driveway of the Subject Property which lie within the public right -of -way. 4. Owner waives notices of hearin g and hearing pursuant to Minnesota Statutes Section 429.031 p Project on the Improvement Pro e t a d notice of heari ng and hearing on the special assessments levied to finance the Owners Improvements pursuant to Minn Stat Section 429.061 and specifically request that the Improvement Project be constructed and special assessments levied therefor without hearing. 5. Owner waives the right to appeal the levy of special assessments in accordance with this Agreement pursuant to Minn Stat Section 429.081, or reapportionment thereof upon land division pursuant to Minn. Stat Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments or reapportionment that: a. Any requirements of Minn Stat Chapter 429 with which the City does not comply are hereby waived by Owner. b. The increase in fair market value to the Subject Property resulting from construction of the Improvements Project will be in an amount of at least the amount of the total potential project costs specified in paragraph 3, above, and that such increase in fair market value is a special benefit to the Subject Property. C. Assessment of 100% of the costs of the Owners Improvements against the Subject Property is reasonable, fair and equitable and there are not other properties against which such costs should be assessed. 3 d. Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn Stat Section 429.017, Subd. 3. 6. Owner understands and agrees that the City may provide for the payment of such special assessments in installments bearing such interest as may be determined by the City Council. However, the decision whether to allow payment in installments, the period of time over which the special assessments may be applied and the interest rate to be applied is in the absolute and sole discretion of the City Council, subject only to limitations imposed by law. 7. The Covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the land legally described in Attachment One and bind all successors in interest thereof. It is the intent and agreement of the parties hereto that this Agreement be in a form which is recordable in the office of the County Recorder of Hennepin County, Minnesota and agree to make any changes in this Agreement to effect the recording and filing of this Agreement against the title of the Subject Property. 8. This Agreement shall terminate upon the final payment of all special assessments against the Subject Property levied pursuant to this Agreement for the Improvement Project, and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. Dated: CITY OF BROOKLYN CENTER By Its City Manager COMMERCIAL PARTNERS/BROOKDALE By Its By Its BR291 -010 4 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 198, by Gerald Splinter, the Manager of the City of Brooklyn Center, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 198, by and respectively, the and of Commercial Partners/Brookdale, a Minnesota partnership, on behalf of the municipal corporation. Notary Public q �V Member introduced the following resolution and moved its adoption: i iRESOLUTION N0. �� �' ¢, ` ' > is , . I w�5C r. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1988 -24, BROOKDALE SQUARE TRAFFIC SIGNALS (MSA PROJECT NO. 109- 109 -24) WHEREAS, Traffic Signal Improvement Project No. 1988 -24 was established by Resolution No. 88 -183 dated November 7, 1988; and WHEREAS, the City Engineer has prepared plans and specifications for the improvement project listed below and has presented such plans and specifications to the City Council for approval: BROOKDALE SQUARE TRAFFIC SIGNALS IMPROVEMENT PROJECT NO. 1988 -24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: BROOKDALE SQUARE TRAFFIC SIGNALS IMPROVEMENT PROJECT NO. 1988 -24 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City 3. The estimated cost of this project is $142,220. 4. The estimated cost will be financed by: Special Assessments $142,220 Regular Municipal State Aid (Fund 2613) 94,860 Local Municipal State Aid (Fund 2611) (94,860) Total Revenue $142,220 5. Any difference that arises between the reimbursement from Municipal State Aid and the contribution by the Local Municipal State Aid Fund to finance a project remains in the Local Municipal State Aid Fund. The balance remains in the Local Municipal State Aid Fund; and may at the Council's discretion be used for projects or matching funds on State Aid qualified streets. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. gh Member introduced the followin g resolution and moved its adoption: RESOLUTION N0. L � RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -18, GEOMETRIC IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE (MSA PROJECT NO. 109 - 109 -25) WHEREAS, the City Engineer has prepared plans and specifications for the improvement project listed below and has presented such plans and specifications to the City Council for approval: GEOMETRIC IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE IMPROVEMENT PROJECT NO. 1989 -18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: GEOMETRIC IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE IMPROVEMENT PROJECT NO. 1989 -18 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City 3. The estimated cost of this project is $59,204. 4. The estimated cost will be financed by: Regular MSA (Fund 2613) $59,204 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member (X/ introduced the following resolution and moved its adoption: fe 9 ow RESOLUTION NO.� s4 u RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -19, ON -SITE IMPROVEMENTS TO BROOKDALE SQUARE ENTRANCE WHEREAS, the City Engineer has prepared plans and specifications for the improvement project listed below and has presented such plans and specifications to the City Council for approval: ON -SITE IMPROVEMENTS TO BROOKDALE SQUARE ENTRANCE IMPROVEMENT PROJECT NO. 1989 -19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: ON -SITE IMPROVEMENTS TO BROOKDALE SQUARE ENTRANCE IMPROVEMENT PROJECT NO. 1989 -19 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City 3. The estimated cost of this project is $149,035. 4. The estimated cost will be financed by Special Assessment to the owners of Brookdale Square in the amount of $149,035. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly p assed and d y p a CITY OF BROOKLYN CENTER Council Meeting Date 7/10/89 Agenda Item Number 10a, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PURCHASE OF POLICE DEPARTMENT PORTABLE RADIOS AND HANDGUN REPLACEMENT PROGRAM DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below/attached- SUMM ARY EXPLANATION: (supplemental sheets attached _) Attached please find a copy of a memorandum from Chief Lindsay to myself dated June 26, 1989, relating to the purchase of portable radios for the police department out of forfeiture monies. This memorandum also discusses the replacement of our current issue 38 caliber police special revolvers with the newer automatic type handguns. The department recommends that the approximate $15,000 now available in our forfeiture account be used to replace the current portable radios in the police department and buy additional radios so that each uniformed officer on the department has a new portable radio. To accomplish this program, it will require the use of approximately $7,500 in contingency funds. During the recent technical review of our radio equipment, it was determined that many of our existing portable radios are in need of replacement. Because officers share the existing portable radios from shift to shift, these units are basically on the go almost 24 hours ;.a day seven days a week. The net result is they receive a lot of jostling and banging around beyond what normal single shift use would be. It is our proposal to increase the life expectancy of the new units and their reliability by purchasing sufficient units to assign one to each officer so that it will stay with that officer and not need to be passed on shift to shift. We are finding that other departments' experience indicates by assigning a unit to each individual officer will clearly increase the reliability and the longevity of each unit because basically they are not being used as frequently. The police department has also recommended to my office that we start the process of replacing the current revolver type handguns with semi- automatic weapons. I have reviewed this recommendation and concur with it. In the attached memorandum Chief Lindsay details the process of training and selection of the weapon and also details the costs of this changeover, which is estimated in the area of $35,000 to $47,000. The difference between these two figures �s basically whether or not we conduct the training on regular officer's schedule time or do the training on an overtime basis. From a safety and liability standpoint, a thorough training program is absolutely essential. Because it will take approximately one year to complete the selection process and training, I would like to have the Council express concept approval for the replacement of the revolvers at this time so that the planning process can proceed. • RECOMMENDATION This office recommends Council pass the attached resolution which authorizes the purchase of the portable radios, authorizes the use of drug forfeiture monies, and makes the necessary contingency fund approval and fund transfers. It is also requested the Council pass a motion approving the replacement of revolvers with semi - automatic weapons as a concept plan with final approval to come Is through the budget process. It should be understood that future forfeiture monies will be recommended to defer all or part of the costs of this replacement. s 0 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: June 26, 1989 SUBJECT: Use of Forfeiture Monies for Project Consideration The police department has acquired monies through the forfeiture laws from drug related arrests. Approximately $35,000.00 has been collected since the first of the year. Over $18,000.00 has been contested by the owner. The $18,000.00 could take up to two years before a determination is made in awarding the monies by the court. The remaining monies have been split with the State of Minnesota and the Hennepin County Attorney's Office. The monies available to the department are approximately $15,000.00+ as of July, ! 1989. The only other monies held by the department to be awarded beyond July is approximately $3,000.00. State law requires money seized under forfeiture in drug ases be awarded to the police agency. Th m ni es are not g e o P to supplement the annual budget, but must be used for additional equipment, training, et cetera. The department administration has reviewed two projects for consideration. The two projects involve the purchase of new handguns and new handie- talkies for each uniformed officer. The estimated cost for the handguns is approximately $35,000.00. Labor costs for training would add another $12,000.00. This would make the total costs to the city for handgun changeover approximately $47,000.00. The radios can be purchased on an existing St. Paul Fire Department contract for a total of approximately $25,000.00. Sergeant McComb has provided information on the handguns. I concur with his assessment, although not necessarily on the urgency claimed by him. The need for changing handguns is well documented. The transition from the revolver to the semi - automatic pistol requires a major commitment in time and money. Some of the items to be considered are: firearms instructor training, weapons selection, armorer training, officer transition training, ammunition selection, leather gear selection. I Memorandum to G. G. Splinter Page 2 June 26, 1989 When considering weapons, questions which need answering are: double action vs. single action; 9 mm, 10 mm, or 45 caliber; service life of the firearm; all steel vs. aluminum alloy; et cetera. Officer transition training needs to be comprehensive. Police departments have utilized twenty (20) hours of training per officer, including classroom and live fire time. Training considerations need to consider draw and fire, trigger pull, how to clean, maintenance, malfunction recognition drills, clearing exercises, et cetera. Police departments use between six hundred (600) to a thousand (1,000) rounds of ammo per officer. Ammo costs run approximately fifty -five percent (55%) higher than revolver ammo. Availability of a shooting range will be a major consideration when establishing limits. Changing handguns is a very involved project that cannot be accomplished overnight. There are major ramifications at each step in the process. The process should be thorough for each step of the way. The schedule follows close to the department's original time period of requesting the acquisition of guns for 1991. Steps one through three would be completed prior to 1991 if the guns are funded in 1991. If funded before 1991, the schedule should place the new guns in use by the fall of 1990. Provided the acquisition is approved, the funding can be committed in either 1990 or 1991. Following is a proposed schedule for acquiring the handguns provided they are approved for purchase: STEP ONE: Request officers interested in serving on a gun selection committee to submit application and selection STEP TWO: 30 days Committee to review the various 9 mm and newly available able 10 mm semi automatic handguns 180 days Memorandum to G. G. Splinter Page 3 June 26, 1989 STEP THREE: Train two officers as instructors and armor repairers STEP FOUR: 90 days Train thirty -six (36) officers in use of new guns using a minimum of seven hundred (700) rounds per officer 120 days TOTAL TIME 420 days (14 months) If started July 1, 1989 the schedule would extend to September 1990. The original intent was to request the guns in the 1991 budget. The first three steps could be completed prior to 1991. If approved for 1991 budget, the guns could be ordered for January 1991 delivery. The 1989 police budget has provided for a complete evaluation of all radio equipment owned by the department. W. Montgomery has just completed that evaluation for all city radio equipment. A list of adjustments was made to bring all equipment into F.C.C. compliance. The major deficiency in the police department involved the handie - talkies. They were purchased in 1982. Most are used twenty -four (24) hours a day, three - hundred -sixty -five (365) days a year. Montgomery suggested the best use of these would be for the radios to be used as reserves. Continued use will only shorten any effective life they may still have. I propose the issuing of a handie - talkie to each officer to care as his own as in the case of his handgun. This should more than triple the life of the radios. When we did this with hand -held recorders, the maintenance was reduced over ninety percent (90 %). Memorandum to G. G. Splinter Page 4 June 26, 1989 The St. Paul Fire Department has an existing bidder's contract with Motorola. The handie - talkie is a much improved piece of equipment at about half of the 1982 costs. Our present units have factor pre- designated frequencies. The newer models are computer generated frequencies. Included in the cost estimate is the software and computer to input the frequencies. This can be provided at the local Motorola Service Station for a fee of sixty -five dollars ($65.00) per unit. A total loss of power in a unit will require the reprogramming. This would be expensive and take the unit out of service each time. The radio proposal has a thirty (30) day delivery date and can be implemented this summer. The current radios as suggested by Montgomery for the most part should be taken out of daily service. Over two- thirds (2/3) of the cost of these radios would be supported by drug forfeiture monies. Approximately $7,500.00 would be needed from the contingency fund to provide implementation of this program. The portable radio program can be implemented at this time whereas the firearm ro ram will require approximately P g q pp ately one year and a half to implement. It is possible to complete all steps in the firearm program except the actual purchase of the firearms themselves beginning at this time. It is likely that future forfeiture drug monies could support all the costs except the actual purchase. If there are sufficient drug monies available during the next twelve 12 to fourteen ( ) (14) months, it would be possible to purchase a half dozen firearms for the purpose of training the officers in their use prior to the actual purchase of the entire complement of guns. I have reviewed the suggestion of allowing officers to purchase their own semi- automatics and use them until such time as the department is authorized the purchase of the entire complement. When taking into consideration all of the steps needed in the selection, training and implementation; it would lead to the conclusion it would be more appropriate to change all at one time. If it was a simple process of changing model numbers like when we went to the current issue, the implementation could be established piecemeal. Because of the liabilities of proper selection and training, it would be my position that all officers change at one time. Memorandum to G. G. Splinter Page 5 June 26, 1989 Therefore, I would recommend that the City authorize the purchase of portable radios for each uniformed officer of the department using eighteen thousand dollars ($18,000.00) of drug forfeiture money and seven thousand five hundred dollars ($7,500.00) of contingency money for delivery during the summer of 1989. I further recommend that the City authorize the firearm replacement program as outlined previously in the four -step process. Determination can be made whether or not to fund the guns in 1990 or in 1991. Attached you will find the estimated cost breakdowns for both proposals. Memorandum to G. G. Splinter 0 Page 6 June 26, 1989 ATTACHMENT A PROPOSED PURCHASE OF PORTABLE RADIOS - COST ESTIMATE Number Item Description Price Each Price 26 Portable G. E. Radios $ 608 $15 26 Chargers 35 910 26 Leather cases 46 1 26 Reserve battery 54 1 26 Portable mike /speaker 80 2,080 1 Computer 2,790 2,790 1 Printer 533 533 1 Misc cable & installation 150 150 1 Radio interface box 190 190 1 Power supply for (RIB) 21 21 1 Interface cable 45 45 1 Software package 200 200 Miscellaneous shipping /set -up /etc 413 413 TOTAL COSTS $25,500 Drug forfeiture monies -18 Money needed to be transferred out of city's contingency fund = $ 7,500 Memorandum to G. G. Splinter Page 7 June 26, 1989 ATTACHMENT B PROPOSED PURCHASE OF SEMI- AUTOMATIC HANDGUNS - COST ESTIMATE Number Item Description Price Each Price 42 Handguns $ 500 $2100 40 Holsters 60 2,400 40 Ammo pouches with clips 40 100 1 Miscellaneous repair tools 500 500 36 Training & duty ammo for ea off 150 5,400 Range rental 400 400 2 Instructor training courses 1 3 * 36 officers training (labor costs) at 20 hrs /officer 12.000 TOTAL $46,800 * This $12,000.00 item is a labor cost and is the only item not expended to an outside source. It would be advisable to supplement the police labor budget by this amount to pay for the officers' training time as it would assure the department could assign people to training time without having to short the street operation. If the labor amount is not supplemented, a total of $34,800.00 would be needed to implement this program. 16� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF PORTABLE RADIOS, AMENDING THE 1989 GENERAL FUND BUDGET, AND APPROPRIATING FORFEITED PROPERTY ---------------------------------------------------- WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, 1988 Laws of Minnesota C. 665 provides for seizure and forfeiture of property used in commission of crime and proceeds of crime and contraband; and WHEREAS, said laws require that said property kept under said laws may be used only in the performance of official duties of the appro- priate agency and may not be used for any other purpose; and WHEREAS, 70% of the sale of the property may be used by the Brooklyn Center Police Department as a supplement to its operating fund for use in law enforcement; and WHEREAS, the City Council, by the adoption of Resolution No. 88 -195 on November 21, 1988, did authorize the Director of Finance to -- appropriate said proceeds to the Police Department Budget as they are received to the extent that said proceeds exceed five thousand dollars in any calendar year and then said excess will be reported to the City Council for its appropriation; 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; and WHEREAS, the City Manager and the Chief of Police have recom- mended the purchase of portable radios (handie - talkies) for each uniformed officer of the department, at a cost of $25,500, through an existing St. Paul Fire Department bidder's contract with the Motorola Company; and have further recommended that $18,000 of the cost be appropriated from the balance of drug forfeiture money and $7,500 be appropriated from the Unallocated Departmental Expenses Contingency Account. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the purchase of twenty -six portable G.E. radios (handi- talkies) and related equipment in the amount of $25,500 through the St. Paul Fire Department bidder contract with the Motorola Company; and BE IT FURTHER RESOLVED to authorize an appropriation of $18,000 from forfeited property proceeds towards the purchase; and BE IT FURTHER RESOLVED to amend the 1989 General Fund Budget as follows: Increase the Appropriations for the following line items: ------------------------------------ Police Protection #31, Other Equipment Account #4552 $25,500 Decrease the Appropriations for the following line items: -------------------------------------------------------- Unallocated Depart. Expenses #80, Contingency Account #4995 $ 7,500 Increase the Estimated Revenues from the following line items: ------------------------------------------------------------- Forfeited Drug Money, Account #3897 $18,000 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: - and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 711,0&j REQUEST FOR COUNCIL CONSIDERATIONa Item Number ITEM DESCRIPTION: Temporary Liquor License Application for St. Alphonsus Catholic Church Fun Fair DEPT. APPROVA Signature - title - J mes Lindsay, Chief MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The department has received an application for athree -day temporary on -sale liquor license for St. Alphonsus Catholic Church. They are requesting the license for use at their annual Fun Fair which will be held July 28, 29, and 30 on the church property. The church does have liquor liability insurance for the event and will have the liquor area enclosed under a tent. They did receive the same license last year for the Fun Fair. The committee has been very cooperative with the department in all requests regarding the operation of the Fun Fair. RECOMMENDATION: It is recommended the temporary on -sale liquor license application for St. Alphonsus be approved. Licenses to be approved by the City Council on July 10, 1989: . AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 Lyndale Ave. N. K -Mart 5930 Earle Brown Dr. Scoreboard Pizza 6816 Humboldt Ave. N. "ef of Police „ 1, GARBAGE AND REFUSE COLLECTION VEHICLE Aagard Sanitation 875 Prior Ave. N. Gallagher's Service, Inc. 1691 91st Ave. NE Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street Randy's Sanitation, Inc. Route 342 Walz Bros. Sanitation, Inc. P. 0. Box 627 Waste Control 95 West Ivy Avenue AJ Woodlake Sanitary Service, Inc. 4000 Hamel Road Sanitarian ITINERANT FOOD ESTABLISHMENT Brooklyn Center Park & Recreation 6301 Shingle Ck. Pkwy. • ' QQr�'tG!/YL Sanitarian L MECHANICAL SYSTEMS ` 1A46 Pierce Refrigeration 1920 2nd Ave. S. Building Official SIGN HANGER Signcrafters Outdoor Display 7775 Main St. NE Building Official GENERAL APPROVAL: D. K. Weeks, City Clerk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SICK LEAVE AND VACATION BENEFITS FOR THE NEW CITY ENGINEER WHEREAS, the City Council determines that it is necessary and appropriate to authorize certain sick leave and vacation benefits for the new City Engineer in the Engineering Division, Department of Public Works, in order to improve the City's ability to hire a fully qualified candidate for that position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the City Manager is hereby authorized to include the following benefits in the conditions of appointment for a new City Engineer: 1. a 96 hour block of sick leave which can be used during the first year of employment, but which must be earned before additional hours accumulate; and 2. three weeks of vacation accrual per year during the first five years of employment with the City, then vacation accrual according to the Personnel Ordinance. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ' and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i