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HomeMy WebLinkAbout1987 01-26 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 26, 1987 7:00 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 Council member 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 - January 12, 1987 - Regular Session 7. Resolutions: *a. Approving an Agency Agreement with the Minnesota Department of Transportation -This resolution approves an agreement wherein if the City becomes eligible for the use of Federal Aid funds for local road and bridge improvements, the MN /DOT Commissioner is authorized to act as the City' agent for the purpose of procuring those funds. Individual projects will still require individual approval of the City Council. *b. Receiving Report-and Approving Plans and Specifications for Reconditioning of Water Tower No. 1 (located at 69th Avenue North and France Avenue North) Improvement Project No. 1987 -02, Contract 1987 -B -This resolution accepts the report of the inspection made by AEC the Consulting Engineers for this project, and approves the plans and specifications which have been prepared as authorized by the City Council on January 12, 1987. C. Settling Condemnation Appeal and Special Assessments on the Soo Line Railroad Property - Adoption of this resolution would authorize the Mayor and City Manager to execute a negotiated agreement to resolve the matter of compensation for right -of -way acquired in relation to the project and to the matter of special assessments for benefits to the property. CITY COUNCIL AGENDA -2- January 26, 1987 *d. Appropriating Funds for the Completion of Projects Relating to Police Department Remodeling - Phase II Project -This resolution would provide funding to cover the cost of incidental items which were not contemplated within the original project budget. e. Providing for the Issuance and Sale of $1,200,000 General Obligation Improvement Refunding Bonds, Series 1987A *f. Approving Agreement between City of Brooklyn Center and Brooklyn Center Mediation Project *g. Accepting Quotation and Awarding Contract for One (1) One Ton Crew Cab -The purchase of this item was approved in the 1987 budget. *h. Accepting Quotation and Awarding Contract for One (1) Midsize Pickup Truck -The purchase of this item was approved in the 1987 budget. *i. Accepting Quotation and Awarding Contract for One (1) 11,000 GVW Cab and Chassis -The purchase of this item was approved in the 1987 budget. *j. Accepting Bid and Awarding Contract for Two (2) 28,000 GVW Truck Cab /"Chassis -The purchase of these items was approved in the 1987 budget. *k. Accepting Quotation and Awarding Contract for One (1) Seven Gang Mower -This mower will be purchased for the golf course. S. Public Hearings: (7:30 p.m.) a. Hearing Regarding Improvement Project No. 1986 -05, Acquisition of Right -of -Way for Establishment of Grimes Avenue North between Lakebreeze Avenue and the South Line of the North One Half (N1 12) of Section 10, T118, R21 -This project provides for the acquisition of right -of- way to allow future development of an access road to the Joslyn Corporation property. 1. Resolution Ordering Improvement Project No. 1986 -05 - Adoption of this resolution calls for a 4/5 roll call vote of the Council. CITY COUNCIL AGENDA -3- January 26, 1987 2. Resolution Authorizing the Mayor and City Manager to Exercise Options for Purchase of Right -of -Way for Improvement Project No. 1986 -05 3. Resolution Accepting Proposal to Provide Professional Services Relating to Replatting of Lots 1 and 2 of Block 1, Dale and Davies 3rd Addition n as Related to Improvement Pro N o. P 1986 -05 7 b. Hearing Regarding Proposed Assessment for Project No. 1986 -05, Acquisition of Right -of -Way for the Establishment of Grimes Avenue North between Lakebreeze Avenue North and the South Line of the North One Half (N1 12) Section 10, T118, R21 1. Resolution Adopting Assessment for Improvement Project No. 1986 -05 9. Planning Commission Items: (7:45 p.m.) a. Planning Commission Application No. 87003 submitted by Federated Department Stores requesting qu ing site and building plan approval to construct a two- story, 73,189 sq. ft. retail store on the land presently occupied by the old Plitt Theatre, Dayton's Garden Store and gas station. This item was recommended for approval by the Planning Commission at its January 15, 1987 meeting. b. Planning Commission Application No. 87004 submitted by Federated Department Stores requesting preliminary R.L.S. approval to resubdivide the land east of the Shingle Creek culvert in the Brookdale complex, including the site of the Plitt Theatre, Dayton's Garden Store and gas station. -This item was recommended for approval by the Planning Commission at its January 15, 1987 meeting. 10. Discussion Item: *a. Request to Table further Consideration of the Adoption of a Transition Method of City Council Terms Until February 9, 1987 11. Consideration of Specified Licenses: a. On -Sale Club License -Duoos Brothers American Legion (tabled at January 12, 1987 meeting) b. On -Sale Intoxicating Liquor License Class A ($8,000 per year) -Yen Ching c. On -Sale Sunday Intoxicating Liquor License ($200 per year) -Yen Ching *12. Licenses 13. Adjournment • r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 12, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, City Engineer Bo Spurrier, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Hawes. EMPLOYEE SERVICE RECOGNITION PROGRAM Mayor Nyquist announced that this evening is the eighth annual presentation by the City Council of service awards to City employees to recognize their years of service to the City. He introduced the Director of Finance who indicated that recognition is being given tonight to those employees who during 1986 observed the anniversary for either their 20 or 25th year of permanent full -time employment with the City. The Director of Finance introduced Scott Kline, Police Captain; Don Spehn, Police Officer; and Dick Schwab, Public Works Supervisor. He noted that Scott Kline and Don Spehn had 20 years of continued service with the City, and Dick Schwab had 25 years with the City. City Councilmembers congratulated the individuals recognized by the Employee Service Recognition Program, and Mayor Nyquist presented their awards of appreciation. Mayor Nyquist then presented a Certificate of Achievement for excellence in financial reporting to the Director of Finance. He noted that the Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. APPROVAL OF MINUT _ ES - DECEMBER 22 1986 REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of December 22, 1986 as submitted. The motion passed. Councilmember Hawes abstained from voting as he was not present at the December 22, 1986 meeting. 1 -12 -87 -1- ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the 1986 Brooklyn Center City Council meeting. The motion passed unanimously. The 1986 Brooklyn Center City Council meeting adjourned at 7:12 p.m. OATH OF OFFICE The City Manager administered the Oath of Office to Councilmember Scott. Councilmember Scott took her place at the Council table. CALL TO ORDER The 1987 Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :30 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, City Engineer Bo Spurrier, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. OPEN FORUM Mayor Nyquist noted that he had received a request to use the Open Forum session this evening from Mr. Donald Arm, 2340 Brookview Drive. Mayor Nyquist recognized Mr. Arm who stated that he was present this evening to discuss a problem that has existed since 1970. He stated that his neighbor across the street own two trucks, one van, and two cars. He added that the garage, the trucks and van are filled with junk. He stated that he has spoken with both the City Manager and the Chief of Police regarding this problem and it has been found that the property owner is living just within the limits of the law. Mayor Nyquist inquired if all these vehicles had a current license on them and J Mr. Arm responded affirmatively. Mr. Arm inquired if the garage could possibly be considered a fire hazard. The City Manager stated that the Fire Department has not checked into this, but he would notify them. Mr. Arm then presented the Council with pictures he had taken the day before and added that they should be kept for the record. The City Manager stated that he would meet with the Chief of Police and report back in one week to the Council on this matter. Mayor Nyquist inquired if this matter could be submitted to the Mediation Project. Mr. Arm stated that it could be suggested but he doubted if it would change the situation. Mayor Nyquist inquired if there was anyone else present who wished to address the Council. There being none, he proceeded with the regular agenda items. SELECTION OF MAYOR PRO TEM Mayor Nyquist suggested that Councilmember Lhotka be selected as the Mayor Pro tem. Councilmember Hawes stated that he would like to nominate Councilmember Theis for this position. Councilmember Scott stated that she would like to nominate Councilmember Hawes for this position. Mayor Nyquist stated that a roll call vote would be taken on the issue of selection of a Mayor Pro tem. He 1 -12 -87 -2- asked each Councilmember to voice their selection after their name has been called. Councilmember Hawes: Councilmember Theis. Councilmember Scott: Councilmember Hawes. Councilmember Lhotka: Councilmember Theis. Councilmember Theis: Councilmember Theis. Mayor Nyquist: Councilmember Lhotka. Councilmember Theis was selected as the Mayor Pro tem for 1987. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers desired any items removed from the Consent Agenda, and no requests were made. MAYORAL APPOINTMENTS There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following appointment effective January 1, 1987: a. Human Rights Commission - Donna Stoderl and Thomas Slupske for reappointment to three year terms. b. Park & Recreation Commission - Carl Manson and Don Peterson for reappointment to three year terms. C. Planning Commission - George Lucht, Lowell Ainas, and Wallace Bernards for reappointment to two year terms. d. Northwest Hennepin Human Services Council John Casey for reappointment to a two year term. e. Weed Inspector - Brad Hoffman for reappointment to a one year term. The motion passed unanimously. DESIGNATION OF OFFICIAL NEWSPAPER There was a motion by Councilmember Scott and seconded by Councilmember Hawes to designate the Brooklyn Center Post as the City's official newspaper. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -01 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -02 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES 1 -12 -87 -3- The motion for the adoption of the foregoing resolution was duly seconded by . member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -03 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING MAYOR NYQUIST'S 1987 SALARY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -04 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING TRANSFER OF TITLE FOR ONE PARCEL OF TAX - FORFEITED LAND ON APPRAISAL LIST 553 -A TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -05 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -01, RECONDITIONING OF WELLS NO. 4 AND 9, ACCEPTING PROPOSAL AND APPROVING CONTRACT THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -02, RECONDITIONING OF WATER TOWER NO. 1, AND APPROVING AGREEMENT FOR PROFESSIONAL SERVICES RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes and the motion passed unanimously. RESOLUTION NO. 87 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPMENT E ELOPMENT PROGRAM FOR YEAR XII AND TO HENNEP IN COUNTY FOR A CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN ACCORDANCE WITH HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -08 1 -12 -87 -4- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -09 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -10 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -11 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF REVEREND ANTONI S. BURY The motion for the adoption of the foregoing resolution was duly seconded b g g Y y member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -12 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION GRANTING A BANK OF SICK LEAVE TO MARVIN HONDL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0. 87 -13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING IMPROVEMENTS ON COUNTY ROAD 10 ADJACENT TO BROOKDALE SHOPPING CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSE TO UTILIZE EXPLOSIVES FOR THE HOWE COMPANY There was a motion by Councilmember Scott and seconded by Councilmember Hawes to issue a license to The Howe Company for the utilization of explosives. The motion passed unanimously. 1 -12 -87 -5- LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE --OPERATOR Ground Round, Inc. 2545 County Road 10 BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Avenue N. Lynbrook Bowl, Inc. 6357 North Lilac Drive CIGARETTE LICENSE Beacon Bowl 6525 Lyndale Avenue N. Brooklyn Center Service, Inc. 6849 Brooklyn Boulevard Consumer Vending Service 2828 Lyndale Avenue S. Bridgeman's 6201 Brooklyn Boulevard Gift Shop Too 1501 Freeway Boulevard K -Mart 5930 Earle Brown Drive Lynbrook Bowl, Inc. 6357 North Lilac Drive The Pipeseller Shop 1301 Brookdale Center Super America Station #4058 1901 57th Avenue North Super America Station #4160 6545 West River Road Target 6100 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Avenue S. Ground Round, Inc. 2545 County Road 10 Twin City Novelty Company 9549 Penn Avenue South Chuck Wagon Inn 5720 Morgan Avenue North Yen Ching Restaurant 5900 Shingle Creek Pkwy. FOOD ESTABLISHMENT LICENSE Nature Food Center 6068 Shingle Creek Pkwy. GASOLINE SERVICE STATION LICENS Brookdale Mobil 5710 Xerxes Avenue N. Brooklyn Center Municipal Garage 6844 Shingle Creek Pkwy. Brooklyn Center Service, Inc. 6849 Brooklyn Boulevard Green Meadows 3319 49th Avenue North The Howe Company 4821 Xerxes Avenue North Super America Station #4160 6545 West River Road LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 West River Road Northwest Residence 4408 69th Avenue North Ramada Hotel 2200 Freeway Boulevard POOL AND BILLIARD TABLE LICENSE Lynbrook Bowl, Inc. 6357 North Lilac Drive PUBLIC DANCE LICENSE Ramada Hotel 2200 Freeway Boulevard 1 -12 -87 -6- READILY PERISHABLE FOOD VEHICLE LICENSE Leeann Chin's, Inc. 6050 Shingle Creek Pkwy. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Allan D. Braun. RESOLUTION NO. 87 -14 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ALLAN D. BRAUN The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Approving Plans and Specifications for Earle Brown Farm Tax Increment District Phase III Streetscape Improvements (Improvement Project No. 1986 -21, Contracts 1986 -Q, 1986 -R and 1986 -5). He noted that this is the major phase of construction of the streetscape improvements within the tax increment district. The Director of Public Works proceeded to review this project, and noted that because the work falls into three distinctively different areas of construction expertise and specialty, staff was recommending that the work be placed into three separate contracts. He noted that the specifications require the three contractors to cooperate with each other as specifically all d' P y erected by our project engineer.. He noted that the three areas of construction would be construction of sidewalks, retaining walls, and pavers at the nodes; installation of the lighting systems; and installation of landscape plantings. He noted that the total estimated cost for this project is $880,000. He noted that the project would be paid for by the tax increment district proceeds. Councilmember Hawes inquired if the City has obtained permission from all property owners for the corner improvements. The Director of Public Works stated that permission has been obtained from all but three property owners. He noted that the specifications would be written so that these corner nodes could be deleted from the project if approval was not received. There was a brief discussion of the three properties which have not given their permission at this time and the Director of Public Works stated that he believes two of the three property owners will give their permission. The Director of Public Works then introduced Mr. Tim Erkkila, Westwood Planning and Engineering Company, who went on to explain the lighting and landscaping concepts which are being proposed. He noted that the plans are striving for consistency throughout the area, and that aesthetics are important. He briefly reviewed the two types of light fixtures which would be used in the area, and noted that it was difficult finding fixtures which met with NSP approval. Mr. Erkkila went on to review the different types of plantings proposed for the area which would could create a pedestrian /park like environment. i 1 -12_87 -7- I RESOLUTION NO. 87 -15 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE III STREETSCAPE IMPROVEMENTS (IMPROVEMENT PROJECT NO. 1986 -21, CONTRACTS 1986 -Q, 1986 -R AND 1986 -S) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. PUBLIC HEARINGS The City Manager noted that two public hearings had been scheduled this evening relative to the same project. He noted that this project comprehends acquisition of right -of -way for establishment of Grimes Avenue North leading to the Joslyn Corporation property. He noted that this would provide an access road to the property to allow for future development. The Director of Public Works stated that the Joslyn property has four access points at the present time, but that staff feels none of these are suitable because three lead through a residential area, and the fourth is located immediately adjacent to the France Avenue railroad crossing. The Director of Public Works reviewed for the Council how the City had obtained options from the two property owners for the right -of- way easement. He noted that the total cost of the project is proposed to be levied against the Joslyn Corporation property. He stated that the future development of the Joslyn property would require more suitable access points than the ones that are presently there. Councilmember Hawes inquired how much of the parking lot would be taken from the health club if this road were developed. The Director of Public Works stated that the parking lot was developed after the City acquired the option on the property and that no portion of the present parking lot would be disturbed by the roadway. The Director of Publis Works stated that notices of the public hearings have been published and have been sent to the benefittin property owner. He g p p y also noted that Joslyn Corporation has filed several items of correspondence objecting to the proposed project to the proposed special assessment. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding Improvement Project No. 1986 -05, Acquisition of Right -of -Way for Establishment of Grimes Avenue North between Lakebreeze Avenue and the South Line of the North One Half (N1 12) of Section 10, Township 118, Range 21. He inquired if there was anyone in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Mac Hyde, attorney for the Joslyn Corporation. Mr. Hyde stated that he has a short presentation that he would like to make to the Council regarding the property in question. He noted that the Joslyn Corporation has been working with the Minnesota Pollution Control Agency regarding hazardous waste containment on the site. He added that the site is listed on the national priority list for cleanup sites. Mr. Hyde stated that it would be impossible to consider any future development of the site because of the waste containment facility. He stated for that reason, the Joslyn Corporation does not agree with the City's plan for the road. 1 -12 -87 -8- Mr. Hyde then introduced Mr. Allan Gephart of Barr Engineering. Mr. Gephart briefly reviewed the containment facility proposal, and noted that Joslyn Corporation is hoping to start construction of this facility in 1987. There was a brief discussion of the proposed facility and its similarity to the facility in Fridley on old Central Avenue. Mr. Hyde then introduced Mr. Peter Patrin, a real estate appraiser and consultant specializing in industrial and toxic contaminated properties. Mr. Patrin stated that after much review of the property, he has come to two conclusions. The first, the property is nonmarketable because of the overwhelming liabilities. Second, the property is nonmortgageable because of the toxic waste on the property. Mr. Patrin stated that the property would be of no value to a private developer and that it has only limited value as open space. The City Manager stated that the staff has tried to encourage Joslyn Corporation to look at long range _development plans for the property. He inquired if the containment area would preclude any other development on the other part of this site. Mr. Patrin stated that the property could be replatted after the cleanup process has taken place, but there would still be a wariness of the site. The City Manager stated that staff feels in 20 to 30 years portions of that site will be developed. The Director of Public Works briefly reviewed the alternatives. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to continue the public hearing on the improvement project and the public hearing regarding the proposed assessment for the project until the January 26, 1987 meeting, allowing time for the City administration to attempt to obtain an extension of the option agreements. The motion passed. Councilmember Scott inquired if this motion would approve an extension of the option agreements or allow for negotiation of an extension to the option agreements. The City Manager stated that this would allow for negotiation of an extension to the option agreements. Councilmember Scott stated that she did not believe the City should pay for the roadway because of the slight possibility of future development. Mr. Hyde pointed out that the Joslyn Corporation will always be considered the responsible party for this land. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Improvement Project No. 1987 -03, Installation of a Water Main from Lions Park to the Intersection of County Road 10 and Shingle Creek Parkway, Ordering Preparation of a Report Thereon, and Approving Agreement for Professional Services to Conduct a Soils Investigation Relating Thereto. Councilmember Lhotka left the table at 9:28 p.m. The City Manager pointed out that staff is recommending that this project be initiated and implemented in conjunction and cooperation with the proposed redevelopment of the easterly portion of the Brookdale Shopping Center site. Councilmember Scott inquired how the City proposes getting from point A to point B considering the poor soil conditions in the area. The Director of Public Works stated that part of the proposal would be extensive soil borings from the area to locate the most viable route for the water main. i 1 -12 -87 -9- Councilmember Lhotka returned to the table at 9:30 p.m. Councilmember Scott inquired if there would be any problems working with MN /DOT or Hennepin County. The Director of Public Works stated that the City would not encounter any problems working with Hennepin County, but that the project would take time to work out with MN /DOT. Councilmember Lhotka inquired if there was any type of estimate for this project. The Director of Public Works stated that he could give no estimate at this time other than the fact that it would be an expensive project. RESOLUTION NO. 87 -16 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -03, INSTALLATION OF A WATER MAIN FROM LIONS PARK TO THE INTERSECTION OF COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY, ORDERING PREPARATION OF A REPORT THEREON, AND APPROVING AGREEMENT FOR PROFESSIONAL SERVICES TO CONDUCT A SOILS INVESTIGATION RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1987 General Fund Budget. He noted this resolution provides funds for replacing a camera and 30 sets of turnout gear for the Fire Department. RESOLUTION NO. 87 -17 Member Celia Scott introduced the followin g moved resolution and m ed its adoption: RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ON -SALE CLUB LICENSE - DUOOS BROTHERS AMERICAN LEGION Mayor Nyquist stated that he feels the Club still has some various roblems P , and that he would not be comfortable giving his approval this evening. Mayor Nyquist then recognized Gary Flakne, attorney for the Duoos Brothers American Legion Club. Mr. Flakne stated that the Club did meet to form rules and make changes which were requested by the Council. He stated that he was aware of the Mayor's recommendation to table le the item until the e January 26, 1987 Council meeting. He noted that the Club would like to urge the Council to take action on this item this evening, because the problem was becoming financially devastating o the g Club. He stated that if the item were laid over, the Club would request that the January 26, 1987 Council meeting be the last meeting at which this license is discussed. Councilmember Lhotka stated that he would still like to see some specifics regarding who will be held accountable for the actions of the Club and the bar committee. He also stated that he would like to see something more than a verbal agreement from the Osseo Post regarding their assistance in this matter. 1 -12 -87 -10- Mr. Flakne stated that generally it is not a policy that clubs contract with each other. He noted that members of the Osseo Post have agreed to assist the Duoos Brothers, but that the Osseo Post has made no such agreement. Councilmember Theis stated that he would like to see a copy of the Osseo Post's rules and regulations and was surprised they were not included in this evening's packet. A discussion then ensued regarding the rules of operation for liquor establishments and whether these rules were in the bylaws of the Post or not. Mr. Flakne stated that he had received a copy of the bylaws from the Osseo Post, but had been requested not to give these out. Councilmember Theis inquired if the liquor iq or rules were in the bylaws. Mr. Flakne lakne stated there were some items in the bylaws dealing with the liquor operation, and that if the Osseo Post has written rules regarding the operation for liquor establishments he would attempt to get them for Council review. Councilmember Scott noted that she had received calls from members over the weekend who stated they were concerned regarding this problem and membership of nonveterans. She stated that she would like to see a list of all members with their dates of service included. She added that she would like to know who oversees the membership of the Club. Mayor Nyquist recognized Earl Swenson, Chairman of the Housing Committee, who stated that when a new member signs up his serial number and dates of service are checked with the government. Mr. Flakne pointed out that membership is allowed for nonveterans under the Sons of the American Legion. Councilmember Lhotka inquired if the committee was aware of what the Council was looking for. Mayor Nyquist recognized Jerry Barron, Adjutant for the Duoos Brothers American Legion, who stated he was not sure of what Councilmember Theis was looking for. Councilmember Theis stated that he wanted to see in writing an organized method of running this liquor establishment. Mr. Barron inquired if he was looking for accountability controls, and Councilmember Theis responded affirmatively. Councilmember Scott stated that she would like to see this whole matter cleared up as much as the Club does, and that she feels that it is important for the Council to know who is going to be responsible for each item. Councilmember Hawes stated that he was hurt and disappointed that something of this nature happened again at the Club. He noted that he felt if any such incidents occurred at the Club again he could never approve another license for the Duoos Brothers American Legion Club. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to table action on the on -sale Club liquor license for the Duoos Brothers American Legion until the January 26, 1987 City Council meeting. DISCUSSION ITEMS YEAR 2000 ISSUE NO. 12 The City Manager stated that the Human Rights Commission has recommended some guidelines for evaluating new social and human resource service needs for the City. He noted that the policy includes general guidelines to assist the City 1 -12 -87 -11- in dealing with human service contribution requests. Mayor Nyquist inquired if when setting priorities for human service needs the needs of Brooklyn Center would be considered. The City Manager responded affirmatively. Councilmember Theis inquired if this policy would become part of the budget process. The City Manager stated that if he were to receive any requests for funding he would bring this request before the Council, who in turn would refer the request to the Human Rights Commission for their needs assessment. There was a motion by Councilmember Theis and seconded by Councilmember Scott to instruct staff to utilize the policy recommended by the Human Rights Commission. i GAMBLING LICENSE FOR BROOKLYN CENTER LIONS The City Manager briefl Y S y reviewed the memorandums prepared for this item, and noted that as in the past if the Council has any objections to this license they should be raised now or the State will renew the gambling license. Councilmember Scott stated that she would like to congratulate the Lions Club on their success. Councilmember Theis stated that he was also happy the Lion s pp Y Club success, but noted that he had one concern. He stated that he is concerned with the fact that the Lions may have tied up the only locations available for this type operation e of Mayor Nyquist inquired if it would be possible to document the Police Department costs associated with this operation. The City Manager stated that during the past year approximately one quarter of a work year was spent on this operation. He noted that staff expects less time to be spent in the future, because the problems associated with starting an operation of this type have been taken care of. Councilmember Lhotka inquired if a policy for other organizations has been developed. The City Manager stated that staff is currently working on this project. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to direct the City Manager to prepare a draft policy regarding other, organizations and their operation of charitable gambling at liquor license locations b Aril 1 1987. The Y P motio n assed unanimously. y. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka not to object to the re off- site of J the off site gambling license for the Lions Club. The motion passed unanimously. DELETION OF FEE SCHEDULE FROM CHAPTER 23 The City Manager presented the next agenda item, and noted that if the Council did not have any questions on the proposed ordinance amendment it could be approved for a first reading this evening. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapters 1, 5, 7, 8, 12, 21, 23 and 34 Regarding Various License Fees and to set the public hearing date on the ordinance for February 9 1987 at 7:30 y � p.m. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to 1 -12 -87 -12- adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:32 p.m City Clerk Mayor 1 -12 -87 -13- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN AGENCY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that pursuant to Section 161.36, Subdivision 1 through 6, Minnesota Statutes the Commissioner of Transportation be appointed as agent of the City of Brooklyn Center to let, as its agent, contracts for the construction of local roads and bridges, and the Mayor and City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreement, a copy of which said agreement was before the Council, assuming on behalf of the City all of the obligations therein contained. 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 6301 SHINGLE CREEK PARKWAY OF DT VAT BROOKLYN CENTER, MINNESOTA 55430 OOK j� L 1 TELEPHONE 561 -5440 EMERGENCY- POLICE - FIRE C ENTER 911 TO: Sy Knapp, Director of Public Works FROM`. H.R. Spurrier, City Engineer DATE: January 12, 1987 RE: MNDOT Agenc g y Agreement Attached is the Minnesota Department of Transportation Agency Agreement. This agreements enables the Commissioner of Transportation of the State of Minnesota to act as the City's agent in accepting Federal Aid on the City's behalf for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or in part with Federal monies. The agreement format was recently revised to cover single audit requirements. Also attached is a resolution authorizing the Mayor and the City Manager to execute the agreement specified above. It is recommended that the City Council approve the attached resolution, a "Resolution Authorizing the Mayor and City Manager to Execute an Agreement with the Commissioner of Transportation ". A submitted, Approved for submittal, rier S � p neer Director of Public Works HRS : j n ^' 19A6 Q - &WRKl (M = ~ �J •qM Revised 11/1986 Office of State Aid MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT This Agreement made and entered into by and between the City of herein after referred to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the "Commissioner ", WITNESSETH: WHEREAS, pursuant to M.S. 161.36 the City of desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and condition of the agency be set forth in an agreement: NOW, THEN, IT IS AGREED: - 1 That pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of local roads and bridges. Each contract will be in accordance with plans and special provisions for said projects on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota Page No. 1 55155, and the latest edition of "Standard Specifications for Highway Construction" and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by reference as though fully set forth herein. In the letting of said contract, it is hereby agreed that the following procedures shall be followed, to -wit: (a) The Commissioner shall cause the advertisements calling for bids on said work to be published in the Construction Bulletin. He shall also cause advertisements for bids to be published in the officially designated newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Purchasing Agent on behalf of the Commissioner as agent of said City. Proposals, plans and specifications shall be available for.the inspection of prospective bidders at the Department of Transportation, St. Paul, Minnesota 55155, and at the office of said City Purchasing Agent and the advertisement shall so state. The bids received in response to said advertisements for bids shall be opened for and on behalf of the Commissioner by a District Director of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time selected by the Commissioner. After said bids shall have been opened, the City Council shall first consider the same and thereupon transmit to the Commissioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected. Upon receipt of Page No. 2 all said bids, the Commissioner shall duly cause all of said bids to be tabulated and shall thereupon determine wh-o is the lowest responsible bidder and shall award the Contract to the lowest responsible bidder or shall reject all bids. (b) The Commissioner shall supervise and have charge of the construction of said projects after the same has been let. The City agrees to furnish its City Engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City further agrees to furnish such other personnel, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. (c) The Commissioner may make changes in the la Y 9 plans or the character of the work as shall be recommended by the engineer in charge of the work. If he concurs in such recommendations, the Commissioner may enter into, for and on behalf of the City, supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgment on the various items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervision and control that Page No. 3. are employed by the Minnesota Department of Transportation. The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into, for and on-behalf of the City, the supplemental agreements specified in the preceding paragraph hereof. (d) The City hereby authorizes its City Engineer, for and on behalf of the City, from time to time, during the progress of the work on said projects,.to request the Commissioner to furnish for use on said projects specific engineering services to be performed by skilled employees of the Minnesota Department of Transportation. The Commissioner may but is not obligated to furnish the services so requested. If the Commissioner in compliance with such request shall furnish for the use of the City on said project the services of any Minnesota Department of Transportation employee, then and in that event, the City agrees rees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. (e) The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as federal aid funds, for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. Page No. 4 (f) The Commissioner shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner. (g) The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the federal aid funds available for said projects and to that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and regulation issued by federal authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects. (h) It is the policy of the United States Department of Transportation and the Minnesota Department of Transportation that Disadvantaged Business Enterprises and Women Business Enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the requirements of 49 CFR, Part 23, apply to this agreement. In this regard, the Commissioner and the City shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises and Women Enterprises have the maximum opportunity to compete for and perform on contracts and subcontracts. The Commissioner and the City shall not discriminate on the basis of race, color, national origin, or sex Page No. 5 in the award and performance of federally funded contracts. Failure to carry out the above requirements shall constitute a breach of this agreement and may result.in termination of the agreement or other such remedy that the Commissioner deems appropriate. (i) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the federal aid made available therefor. 2 The City agrees that it will from time to time, after the execution of this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct so as to enable the Commissioner.as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Commissioner's record retention schedule for federal aid projects. - 3 - It is anticipated that the United States will pay to the Commissioner as the agent of the City, the federal aid funds available to said City toward the construction of said projects. It is further anticipated that the contracts to be let by the Commissioner as the agent of the City, for the construction of Page No. 6 said projects shall provide that the contractor, as the work payments progresses, shall, from time to time, be aid artial a i P P P Y designated in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and /or Municipal State Aid funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with Minnesota Rules Chapter 8820.1500 Subp. 3. At regular monthly intervals after contractors shall have started work under contracts let by the Commissioner as agent for the City for the construction of said projects, the engineer assigned to and in charge of said work shall prepare partial estimates in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Contract Administration and Maintenance, Minnesota Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in duplicate. Each such partial estimate, shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner the final estimate data, together with the required ro p ject records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final Page No. 7 estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. After the approved final estimate has been submitt -ed to the Commissioner, the City will pay to the Commissioner any additional amount which together with the federal funds received for that project will be sufficient to pay all the contract costs of the project 4 - When the contractor shall have completed the work on said projects, the City agrees to inspect the same and forthwith upon the completion of said inspection advise the Commissioner whether or not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisfactory manner. In the event the City should, after said inspection, recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted. It is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. - 5 - It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final, binding and conclusive on the parties hereto. Page No. 8 ' s 6 - It is anticipated that the entire cost -of said projects is to be paid from funds made available'by the United States, by way of federal aid, and by the City. If.for any reason the United States fails to, pay any part of the cost or expense of said projects, then and in that event the City agrees to pay the same. The City further agrees to pay any and all lawful claims or demands of any kind or nature. whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United States does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless from said claims and from any claims arising out of this agreement and to pay any and all expenses and costs connected with said projects or the construction thereof which the United States does not pay. Y. 7 The City further agrees that: 1) All right -of -way acquisition and relocation will be conducted in accordance with 49 CFR Part 25. Procedures implementing their regulation are contained in Mn /DOT State Aid Manual, Chapter 5- 892.310. (Additional guidance may be obtained by referring to the FHWA's Real Estate Acquisition Guide for Local Public Agencies 2) If the City receives total direct and indirect federal assistance of: Page No. 9 A. $100,000 or more per year, the City agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P.L. 98 -502) and Office of Management and Budget (OMB) Circular A -128. The law and circular provide that the audit shall cover the entire operations of the City government or, at the option of the City government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. However, if the City government receives $25,000 or more in General Revenue Sharing Funds in a fiscal year, it shall have an audit of its entire operations. B. Between $25,000 and $100,000 per year, the City agrees to obtain either: 1. a financial and compliance audit made in accordance with the Single Audit Act of 1984 and OMB Circular A -128, or 2. a financial and compliance audit of all federal funds. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations and the audit must be made in accordance with any federal laws and regulations governing the federal programs the subrecipient participates in. Audits shall be made annually unless the state or local government has, by January 1,1987 a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, Page No. 10 covering both years, if the government so requests. It shall also honor requests for biennial audits by governments, that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A -128 (or A -110 as applicable). The audit report shall include: A. The auditor's report on financial statements and on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Catalog of Federal Domestic Assistance Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance ". B. The auditor's report on the study and evaluation of internal control systems must identify the organization's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and Page No. 11 regulations. It must also identify the controls that were evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of the evaluation. C. The auditor's report on compliance containing: 1. a statement of positive assurance with respect to those items tested for compliance, including compliance with law and regulations pertaining to financial reports and claims for advances and reimbursements; 2. negative assurance on those items not tested; 3. a summary of all instances of noncompliance; 4. an identification of total amounts questioned, if any, for each federal assistance awarded, as a result of noncompliance; and 5 a statement on the status of corrective action taken on prior findings. 6. refer to the use of the standards required by the Minnesota Legal Compliance Audit Guide for Local Governments prepared by the Office of the State Auditor. The purpose of this guide is to establish compliance guidelines for verification by auditors auditing political subdivisions of the. state. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned Page No. 12 and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, 'a statement describing the reason it is not should accompany the audit report. The City agrees that the grantor, the Legislative Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A -128. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and state agencies providing federal assistance, within six months of the City's fiscal year end. If a federal cognizant audit agency has been assigned for the City, copies of required audit reports will be filed with that agency also. Recipients of more than $100,000 in federal assistance must also submit one co of the audit report within 30 PY P days after issuance to the central clearinghouse. Audit reports should be sent to: Bureau of Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse Page No. 13 8 - All references to statutes and rules . shall be construed to refer to the statutes and rules as they may be amended from year to year. 9 The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. 4 Page No. g 1 CITY OF BROOKLYN CENTER RECOMMENDED FOR APPROVAL BY Date Mayor Attest. Date City Manager APPROVED AS TO FORM AND EXECUTION: STATE OF MINNESOTA BY Commissioner of Transportation D ATE DATE (Seal) (Submit in Duplicate) Page No. 15 Member introduced the followi moved its adoption: re and. RESOLUTION NO. RESOLUTION RECEIVING REPORT AND APPROVING PLANS AND SPECIFICATIONS FOR RECONDITIONING OF WATER TOWER NO. J. (LOCATED AT 69TH AVENUE NORTH AND FRANCE AVENUE NORTH} IMPROVEMENT PROJECT NO 1987 -02 CONTRACT 1987 -B WHEREAS, in accordance with City Council authorizatiami,,, AE, IL Ta iin a.. and Designers have prepared plans and specifications 1987-02 and and has presented such plans and specifications ( Cin a�f� for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of 11W. Tzm - -y Brooklyn Center, Minnesota, that: 1. The plans and specifications for the following iupV_,t prepared by AEC Engineers and Designers, Inc, are ordered filed with the City Clerk: Inc. u { anva WATER TOWER NO. 1 RECONDITIONING IMPROVEMENT PROJECT NO. 1987 -02 CONTRACT 1987 -B 2. The City Clerk shall prepare and cause to be insemveL a+zt; E .a�,tt twice in the O fficial newspaper and in the Constr advertisement for bid ' such approved plans and specifications � _ i-'n s upon the making of such i . The adv�.�r pzowmmwwM, published as required by law, shall specify the wzak tim I shall state that said bids will be received by the CCi r k the date and time specified, at which time they w9121 be j (c 2 opened at City Hall by the City Clerk and the CitF w'.. Subsequently, the bids shall be tabulated and wild considered by the City Council at a meetin of the The advertisement shall -state that bids ca { �' no unless will bye '° , . sealed and filed with the City Clerk and a�� -� , � ss se na' cash deposit, cashier's check, bid bond, or certi payable to the City for 5 percent of the total a Q)g� mam;t m�f sue:.. 8nacd.. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing reso hit ion was du!. member and upon vote being taken therem,u„ following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted- :1 CITY 6301 SHINGLE CREEK PARKWAY OF B ROO F BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: January 20, 1987 RE Reconditioning of Water Tower No. 1 Improvement Project No. 1987 -02 Contract 1987 -B Pursuant to Resolution No. 87 -06 the City approved an agreement for professional services relating to the reconditioning of Water Tower No. 1. AEC - Engineer's and Designers have inspected the water tower and have recommended a number of safety improvements and structural repairs to both the interior and the exterior of Water Tower No. 1. Structural modifications to the water tower consist of the following: 1. Repair and grind smooth rough or damaged areas within the tower. 2. Install a ventilating manwa in the roof to provide proper r er ventilat' P p p ion during interior surface preparation and coating. 3. Replace the damaged screened roof vent. 4. Install a safety grating over the 5 foot diameter wet riser. 5. Relocate the aircraft warning or obstruction lights. 6. Modify the rolling roof ladder so that it is permanently attached to the tank roof. 7. Remove and replace damaged concrete grouting under the wet riser's support column. After the structural damage is repaired the AEC report recommends spot recoating the interior of the tank and complete recoating of the exterior of the tank. `74 S0 Na rc &# " January 20, 1987 Page 2 The exterior recoating was recommended because of the age, caulking, deterioration, lack of undercoat adhesion and lack of resistance to mechanical damage and graffiti. The repair of the interior of the water tower will extend its life approximately 5 to 8 years. The exterior coating will have a life of approximately 15 to 20 years. The estimated cost of the work is detailed below. Description Estimated Cost Interior Coating and Structural Repairs $ 15,200 Exterior Coating and Structural Repairs 63.000 Total Construction $ 78,200 Technical Services 11,625 Administration (1%) 780 Legal (1%) 780 Total Cost $ 91,385 AEC has prepared plans and specifications for the reconditioning of Water Tower No. 1 in accordance with their recommendations. It is recommended that the City Council approve the attached resolution "Approving Plans and Specifications for Reconditioning Water Tower No. 1 at France Avenue and 69th Avenue North (Improvement Project No. 1987 -02, Contract 1987 -B) ". Respectfully submitted, Approved for Submittal, H. R. Spurrier S ffa, YP City Engineer Director of Public Works cc: File 1987 -02 HRS : j RAP87B. EM X�l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTLING CONDEMNATION APPEAL AND SPECIAL ASSESSMENTS ON THE SOO LINE RAILROAD PROPERTY WHEREAS, the City of Brooklyn Center installed watermain in an area running westerly along extended 51st Avenue North from East Twin Lake Boulevard to the Shore of Twin Lake a distance of approximately 1,200 feet under Brooklyn Center Water Main Improvement Project No. 1982 -07; and WHEREAS, the City of Brooklyn Center condemned a watermain easement, 30 feet in width, to accommodate the installation; and WHEREAS, the condemnation commissioners placed a value of $9,436.00 on the easement, which finding was appealed both by the City of Brooklyn Center and by the property owner, Tri -State Land Company, which appeal is presently pending before the Hennepin County District Court; and WHEREAS, Tri -State Land Company objected to proposed special assessments for the installation of the watermain; and WHEREAS, a proposed settlement agreement, a copy of which is attached hereto and made a part hereof by reference has been approved by Tri -State Land Company and is recommended for approval by the Brooklyn Center City Attorney: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the settlement agreement attached hereto and made a part hereof by reference may be and the same is hereby approved. 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. M E M O R A N D U M TO: City Council, City of Brooklyn Center FROM: Richard J. Schieffer, City Attorney RE: Settlement of Soo Line Condemnation and Special Assessment Appeals DATE: January 20, 1987 In 1982, the City constructed a water line running westerly from 51st Avenue North approximately to the shore of Twin Lake. (See attached map.) We requested an easement for the water main from Tri -State Land Company (the Soo Line Railroad's real estate arm) , could not reach agreement, and the easement was condemned. The condemnation commissioners awarded Tri -State Land Company $9,436.00 for the easement and both sides appealed. It appeared to the City's appraiser that the amount of the award was about right for a street and utilities easement, but that it was excessive for water main easement. After construction of the water line, the City proposed to assess the benefitted properties including Tri -State Land Company and Tri - State objected to the assessment. The amount of the assessment which was proposed is $21,191.18. Some lengthy negotiations between myself and the attorney for the Soo Line Railroad Company ensued, and we eventually reached an agreement which he stated he was willing to recommend and send through the channels for approval at the Soo Line Railroad Company. We have received approval from the Soo Line Railroad Company with some minor alterations to the agreement. The Soo Line is giving us an easement for street and utilities purposes and we will pay the court award for the. condemnation. This is approximately $.45 per square foot which our appraisers tell us is reasonable for a street and utilities easement. The City is agreeing not to place a special assessment against the Soo Line Property for the water line in return for the agreement Of Soo Line to pay the connection charges at the time the property develops. Connection charges are calculated by taking the amount of the original assessment, adding a multiplier which is equal to the inflation rate in the construction industry and collecting that amount at the time building permits are requested. This procedure saves the City the legal costs of the condemnation o appeal and the legal costs of the special g p i l assessment appeal and also avoids the risk that a portion of the special assessments might be disallowed, and that a jury might award a higher number for the easement. The settlement agreement also makes reference to assessments for a water line (1973 -7) constructed in 1973. The City agreed at that time to defer assessments until such time as Tri -State Land Company requested a connection to the City's water system. These amounts will be collected by connection charge instead of the special assessment route. This is an advantage to the City because the connection charges are paid immediately upon request for a building permit rather than an assessment which takes several years to collect. Also, there is always the possibility of an appeal from a special assessment, which is not the case 2 with the connection charges as they are described in this agreement. January 20, 1987 r 1 3 ' ` 1 52ND • FOR COMPLETE IN RE GJ LOT 5 SEE SEC �� •� 1 I l�� FILE 'b 5 IL .. ,.j lo�,e\,S 3c :5• '' K , 1 1 1 QERiA, P°iOTC 1962 ` JL (A . OAK �a IR L S. 0 r O 1� 1 of • -- y EXISTING PARK PROPERTY" 0 PROPOSED. EASEMENT , T _ A) V Soo Line Ra ilroad Compan Soo Line Building Box 530 Minneapolis, Minnesota 55440 (612) 347 -8000 RECEIVE JC;, ' 2 I t 1 January 8, 1987 Mr. Richard J. Schieffer LeFevere, Lefler, Kennedy, O'Brien & Drawz 2000 First Bank Place West Minneapolis, Minnesota 55402 RE: Brooklyn Center Water Main Improvements - No. 1982 -07 Dear Mr. Schieffer: Returned herewith is an executed copy of the settlement agreement recently furnished. I am in the process of preparing an easement for the 30 foot strip and after it is executed by our company, I will forward same to you. Our attorney has prepared and executed a proposed stipulation and order for dismissal in connection with this condemnation case and upon receipt of the City's check in the amount of $2,359.00, I will forward it to you. Yours truly, a� , L. J. Callies Manager Real Estate LJC /msg LeFevere Lefler Kennedy O'Brien & Draivz A Profe*sional Ass(x iathm � 1 . r � � c t � f'► Pj a � Ck �. 2000 First Bank Place West November 20, 19 8 6 d E _ Minneapolis r' .� ,..� Minnesota 55402 L. Telephone (612) 333 -0543 Telecopier (612) 333-0540 Clayton L. LeFevere Mr. Lowell J. Callies L E: j ATE '. J.eD�ennisOBnen Manager Real Estate DES ARIT John E. Drawz Soo Line Railroad Company David J. Kennedy BOX 530 Joseph E. Hamilton Minneapolis, Minnesota 55440 John B. Dean Glenn E. Purdue Richard J. Schieffer Re Brooklyn Center Water Main Improvement Project Charles L. LeFevere No. 1982-07 Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Gait Dear Mr. Callies: Dayle Nolan Brian F. Rice John G. Kressel In our recent conversations, we have agreed that the 'I James M. Strommen proposed settlement letter in the above - captioned matter, Ro 'Batty dated February 7, 1984, with certain revisions, was K rt ri Jordan agreeable between the City of Brooklyn Center and William R. Skallerud Tri -State Land Company as an agreement to settle both the Rodney D. Anderson Brooklyn Center Water Main Improvement Project Corrine A. Heine David D. Beaudoin assessments rising from contract No. 1982 -07 and Hennepin Paul E. Rasmussen County District Court Condemnation Matter No. CD-1760. Steven M. Tallen The terms of the settlement agreement are as follows: Mary F. Skala 1. Tri -State Land Company agrees to convey to the City of Brooklyn Center, an easement for street and utilities purposes, thirty feet in width, over the land described in the City's Notice of Appeal in Hennepin County District Court, file No. CD -1760; 2. The parties agree that the value of such an easement is $9,436 and that payment has been made to Tri -State Land Company by the City of a portion of that amount totalling $7,077, leaving a balance of $2,359, which the City agrees to pay; 3. All parties to the above - captioned appeal agree to dismiss their appeals and dismiss the District Court case without further cost to • either party; Mr. Lowell J. Callies November 20, 1986 Page 2 4. Tri -State Land Company or its successors in title agree to pay connection charges at the time building permits are obtained for any development on its land in Brooklyn Center, said water connection charges to be based on the then prevailing rates, the land in question being described on Exhibit "A" which is attached hereto; 5. The City agrees not to pursue collection of deferred assessments and interest for the water line installed on the subject property (Water Improvement Project No. 1973 -7 J ). 6. The City agrees not to pursue the assessment for the water line installed under Water Main Improvement Project No. 1982 -07. This agreement is approved as to form by Richard J. Schieffer, Esq., attorney for the City of Brooklyn Center and will be confirmed and approved b Resolution of th PP Y e City Council. ouncil. This agreement is approved for all purposes on behalf of Tri -State Land Company by Fern+ B. .4 1,6erS :, VI'ce Pies:denE' am-1 C anal s y es /ed 6y Teies,0 ` ,4. Zeena , ex 4S3.s4,"e Pecrre19_y. LeFEVERE, LEFLER, KENNEDY, TRI -STATE LAND COMPANY O'BRIEN & DRAWZ A Minnesota Corporat By Richard J. Schieffe Tell 3-. Gall I 'EV:"e b'. AIotrS 2000 First Bank Place West Its manager Read Vice�r�s�dc�t' Minneapolis, Minnesota 55402 a ^d �e►+«z� Ce�.�� Tel: 333 -0543 ��:'�c�,� • By — 1 49 Tpresa A - %M, ASSISTANT SECRETARY Rr—VED Ac' TO Ft Pk-i Ph4TPAEN? ' OLANDER- QUAMME • EXHIBIT "A" Unplatted Section 10, Township 118, Range 21 commencing at a point where the southeasterly line of Lake Drive (now known as East iwin Lake Boulevard) extended southwesterly intersects the north line of Government Lot 2, thence southwesterly along said extension 11.95 feet to the actual point of beginning; thence westerly 423.58 feet to a point 20 feet south of the north line of Government Lot 2; thence northwesterly 100 feet to a point in said north line 527.98 feet west from the point of beginning; thence west along said north line 300 feet; thence south at right angles 50 feet; thence west at right angles 100 feet; thence north at right angles 50 feet; thence west to the westerly line of Government Lot 2; thence southerly to the northeasterly line of the Railroad right of way; thence southerly along said right of way line to the south line of the north 160 feet of Government Lot 2; thence easterly along the last described line to its intersection with a line running south at right angles to the north line of Government Lot 2 through the point of beginning; thence north to the point of beginnina.' G Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROPRIATING FUNDS FOR THE COMPLETION OF PROJECTS RELATING TO POLICE DEPARTMENT REMODELING - PHASE II PROJECT BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the sum of $868.00 is hereby appropriated from the Capital Projects Fund Balance to provide funding to cover the cost of incidental items which were not contemplated within the original budget for the Police Department Remodeling - Phase II, Project No. 1986 -02. 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 PROVIDING FOR THE ISSUANCE AND SALE OF $1,200,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1987A BE IT RESOLVED by the City Council of the City of Brooklyn Center, Hennepin County, Minnesota (City) as follows: Section 1. Findings: Purpose. 1.01. The City is authorized by the provisions of Minnesota Statutes, Chapter 475 (Act) and Section 475.67 of the Act to issue and sell its general obligation bonds to refund outstanding bonds when determined by the City Council to be necessary and desirable for the reduction of interest cost and the adjustment of maturities of outstanding issues of bonds. 1.02. It is hereby found and determined that it is necessary and desirable for the reduction of interest cost and the adjustment of maturities of bonds that the City issue its general obligation refunding bonds to refund in advance of maturity certain outstanding general obligations of the City. Section 2. Refunded and Refunding Bonds 2.01. The outstanding bonds to be refunded (Refunded Bonds) are the $2,625,000 General Obligation Improvement Bonds of 1982 dated P December 1 1982 of which 1 725 00 $ , 0 in principal amount is outstanding. 2.02. To provide moneys to refund in advance of maturity the Refunded Bonds, the City shall issue and sells its $1,187,000 General Obligation Improvement Refunding Bonds, Series 1987A (Refunding Bonds). Refunding Bonds representing additional interest in the amount of $13,000 shall also be issued and sold as authorized by Section 475.76 of the Act. Any amount of the purchase price of the Refunding Bonds in excess of $1,187,000 shall be deposited in the debt service fund for the Refunding Bonds. The Refunding Bonds shall be issued, sold and delivered in accordance with the terms and conditions of the following Official Terms of Offering: RESOLUTION NO. OFFICIAL TERMS OF OFFERING $1,200,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1987A Sealed bids for the Bonds will be opened by the City on Monday, February 23, 1987, at 1 1:00 A.M. Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101 -2143. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the some day. DETAILS OF THE BONDS The Bonds will be dated March 1, 1987, as the date of original issue, and will bear interest payable on February I and August I of each year, commencing February I, 1988. Interest will be computed upon the basis of a 360 -day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the Purchaser, and fully registered as to principal and interest. Principal, will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th day of the calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: 180,000 1988 $155,000 1991 $100,000 1994 $50,000 1996 170,000 1989 $145,000 1992 $ 85,000 1995. $40 000 1997 $165,000 1990 $110 1993 ' OPTIONAL REDEMPTION The City may elect on February 1, 1992, and on any interest payment date thereafter, to prepay Bonds due on or after February I, 1993. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall beat a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to refund in advance of their stated maturity all of the City's outstanding Improvement Bonds, dated December I, 1982. TYPE OF BID A sealed bid for not less than $1,187,000 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned prior to the time set for the openin of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of 12,000, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which said check has not been filed. The check of comply he Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to with the accepted bid. The City will deposit the check of the Purchaser, the amount of will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless RESOLUTION NO. the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of I%. No rate for any maturity shall be more than 1% lower than 0 any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to, the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by. the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau. charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT *Within 40 days following he date ate of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of LeFevere, Lefler, Kennedy, O 'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no- litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non - compliance with said terms for payment. At settlement the Purchaser will be furnished with a certificate, signed by appropriate officers of the City, to the effect that the Official Statement did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 15 copies of the Official Statement. Dated January 26, 1987 BY ORDER OF THE CITY COUNCIL /s/ Darlene Weeks Clerk RESOLUTION N0. 3. The City Clerk is authorized and directed to advertise the Improvement Refunding Bonds for sale in accordance with the foregoing notice of sale and to cause the abbreviated notice of sale attached hereto as Exhibit A to be published in the manner required by law. The City Council shall meet on Monday, February 23, 1987 at 7:00 p.m. for the purpose of considering the bids on the Refunding Bonds and taking any other appropriate action. 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 oted in g favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i RESOLUTION NO. EXHIBIT A NOTICE OF SALE - $1,200,000 General Obligation Improvement Refunding Bonds, Series 1987A City of Brooklyn Center Hennepin County, Minnesota Sealed bids for these bonds will be opened on Monday, February 23, 1987, at 11:00 A.M. C.D.T. at the office of Springsted, Inc., 85 East Seventh Place, Suite 100, St. Paul, Minnesota, 55101 -2143, and considered for award at 7:00 P.M. on the same day at the City Hall in Brooklyn Center, Minnesota. Dated March 1, 1987, the bonds will mature on February 1 in the years and amounts as follows: Year Amount 1988 $ 180,000 1989 170,000 1990 165,000 1991 155,000 1992 145,000 1993 110,000 1994 100,000 1995 85,000 1996 95,000 1997 50,000 1998 40,000 All bonds maturing after February 1, 1992, are subject to prior redemption on said date and any interest payment date thereafter at par plus accrued interest. Interest will be payable on February 1, 1988, and semiannually thereafter. Each rate must be in an integral multiple of 5/100 or 1/8 of 1 %. No rate may exceed the maximum rate of interest permitted by law on the day of sale. Minimum price, $1,187,000. A legal opinion will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota. The purpose of the bonds is to refund in advance of their stated maturity certain of the City's Outstanding General Obligation Improvement Bonds. BY ORDER OF THE CITY COUNCIL City Clerk DATED: January 26, 1987. Further information may be obtained from the Issuer's Financial Advisor, SPRINGSTED INCORPORATED, 85 East Seventh Place, Suite 100, St. Paul, Minnesota, 55101 -2143, 612/223 -3000. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN CENTER MEDIATION PROJECT WHEREAS, the City of Brooklyn Center has allocated $6,000 in the 1987 budget, Unit 11, Object 4429 for mediation services; and WHEREAS, the City of Brooklyn Center and Brooklyn Center Mediation Project are desirous of entering into an agreement for the provision of services from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement Between the City of Brooklyn Center and Brooklyn Center Mediation Project, and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to Brooklyn Center Mediation Project. 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. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and BROOKLYN CENTER MEDIATION PROJECT This Agreement is made the day of between the City of Brooklyn Center, hereinafter referred to as the City, and the Brooklyn Center Mediation Project, hereinafter referred to as BCMP; In consideration of the covenants set forth herein, the City and BCMP agree as follows: Services Provided. BCMP, within its financial resources, agrees to provide g P its full range of professional and volunteer services to the residents of the City including, without limitation, the following: a. Mediation services for citizen - City disputes resulting from conflicts in enforcement of City rdinances, rules and regulations. y , g b. Mediation services for resolving ordinance and nonordinance related neighborhood disputes. c. Mediation services for resolving juvenile justice system disputes, provided that the records and identity of the juvenile shall be provided to BCMP pursuant to Minn. Stat. 260.161. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the BCMP Board of Directors. Limitations and Report BCMP shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by BCMP. BCMP shall submit an annual report to the City outlining the services provided to the City during the preceding year. Liabilities. The City shall not exercise any control, shall provide no directive or advice to, and shall not interfere with BCMP or employees or volunteers in the performance of the services required by this contract. BCMP volunteers and employees shall not be considered employees of the City and shall be under the direct control of BCMP. BCMP agrees t g o indemnify the City and hold the City harmless from any liability, claim, demand or action of any kind, including legal expenses, arising out of BCMP activities, and BCMP shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. BCMP shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. Duration. The services provided by BCMP hereunder shall commence on the day of 1987, and continue until December 31, 1987. It is understood between the parties that BCMP intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the City shall renew this contract in the event that BCMP continues to provide such services to the residents of the City of Brooklyn Center after expiration of this contract. Payment The City agrees to pay the sum of Six Thousand ($6,000) Dollars for the services provided hereunder, for the term of the contract. The sum of $6,000 shall be the total obligation of the City under this contract and shall be payable to BCMP as follows: $3,000 on February 2, 1987 and $3,000 on August 3, 1987, in order to provide the services required hereunder. In the I event that BCMP fails to provide the services hereunder, discontinues its operation, or otherwise breaches the contract in any material way, BCMP shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. Miscellaneous. The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the BCMP Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval by the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF BROOKLYN CENTER Mayor City Manager BROOKLYN CENTER MEDIATION PROJECT President Corporate Secretary 7 9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) ONE TON CREW CAB WHEREAS, quotations were accepted for the purchase of One (1) One Ton Crew Cab; and WHEREAS, the quotations received were as follows: BIDDER QUOTATION Polar Chevrolet $12,299 Superior Ford $12,787 Brookdale Ford $12,833 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation for One (1) One Ton Crew Cab from Polar Chevrolet in the amount of $12,299 is hereby accepted and the City Manager is hereby authorized to contract for the purchase of the Crew Cab in the amount of $12,299 from Polar Chevrolet. 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. 7w Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) MIDSIZE PICKUP TRUCK WHEREAS, quotations were accepted for the purchase of One (1) Midsize Pickup Truck; and WHEREAS, the quotations received were as follows: BIDDER QUOTATION Polar Chevrolet $8,197 Superior Ford $8,294 Brookdale Ford $8,666 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation for One (1) Midsize Pickup Truck from Polar Chevrolet in the amount of $8,197 is hereby accepted and the City Manager is hereby authorized to contract for the urchase p of the Pickup ruck in the amount nt of $8,197 from Polar Chevrolet. 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. 7/" Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) 11,000 GVW CAB AND CHASSIS WHEREAS, quotations were accepted for the purchase of One (1) 11,000 GVW Cab and Chassis; and WHEREAS, the quotations received were as follows: BIDDER QUOTATION Brookdale Ford $10,747 Superior Ford $10,877 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation for One (1) 11,000 GVW Cab and Chassis from Brookdale Ford in the amount of $10,747 is hereby accepted and the City Manager is hereby authorized to contract for the purchase of the Cab and Chassis in the amount of $10,747 from Brookdale Ford. 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. 7t; Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR TWO (2) 28,000 GVW TRUCK CAB /CHASSIS WHEREAS, written quotations were accepted for the purchase of Two (2) 28,000 GVW Truck Cab /Chassis; and WHEREAS, the quotations received were as follows: BIDDER QUOTATION Brookdale Ford $47,100 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation for Two 2 28,000 GVW Truck Cab /Chassis is / from Brookdale Ford in the amount of $47,100 is hereby accepted and the City Manager is hereby authorized to contract for the purchase of the Truck Cab /Chassis in the amount of 47 100 from Brook $ , dale Ford. 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. �K Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) SEVEN GANG MOWER WHEREAS, quotations were accepted for the purchase of One (1) Seven Gang Mower; and WHEREAS, the quotations received were as follows: BIDDER QUOTATION Long Lake Ford - Tractor $14,278 Toro Company $14,337 WHEREAS, this mower will be purchased for maintenance of the golf course. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation for One (1) Seven Gang Mower from Long Lake Ford Tractor in the amount of $14,278 is hereby accepted and the City Manager is hereby authorized to contract for the purchase of the Mower in the amount of $14,278 from Long Lake Ford Tractor. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CI �1 E IC AY 9ROOKLY1t'C*NURjst4Mk6$M*6A 30 KLYN = T , o 561 1 E Lil Y� -� -� TO: Gerald G. Splinter, City 11anager FROM: "y 'Knapp, Director of :Public Works DATE: January 22, 1987 RE: Acquis ltion o£ Right . of Wap for Establf s vt. of iri s eve th Improvement Pro, e Inca .'1986 -45 As directed by the City Cout it ' at the January 11 1967 t'in& ' I attempted to contact the twea..pxoperirp owners roe Gib. had cabteiaod:�r options to purchase the right: of 'way for this project in an effort -to bave those . R' options extended. for 'past the tuxrent February 1, 1987 a pi rati�t date. Please be advised that: 1. The owners of Norma. le: Tesmis Glurl+e have = a is °d that Inc , e 8 ; will not extend the option, and that if the city' does Oot, exercise its current option, they intend to expand their existing �ing..�nt, the area covered.by he option. Mr. bill Dale, trhe o r of Dale Properties, i cur— on v�,a,tion in Florida', I attempted to contact him at the tel ne`: or why ch he left with our off ce before leaving on his vacation, and wax not able to contact him, Since this caption is essentially m+� singles. Sato then. opt3tai� from Normandalej I stopped at Ling to contaet X -: -Dale after being advised by Normandale of 'their position. Accordingly, it is my recomme that the :City Council votes on the question of the improvement at the January 26, 1987 meeting .< If the iaproveseent_ is carderad, the special `a.sss�es t resolution should also be� adopted. ° Atasolut:id s� fcrr this purpose are provided for c ansideration by the City Q1oQnc .l . Respectfully submitted, S y pp B Roo ir irector of Public Works Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENT PROJECT NO 1986 -05 WHEREAS, Resolution No. 86 -196 adopted the 8th day of December, 1986, fixed a date for a Council hearing on the proposed acquisition of right of way for the establishment of Grimes Avenue North between Lakebreeze Avenue and the South line of the North one half (N1 /2) of Section 10, Township 11, Range 21; and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing of the required notice was given, and the hearing was held thereon on the 12th day of January, 1987, at which time all persons desiring to be heard were given an opportunity to be heard thereon: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that such improvement is hereby ordered as proposed in Council Resolution No. 86 -196 adopted on the 8th day of December, 1986. 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 6301 SHINGLE CREEK PARKWAY OF :BEROOKLYN BROOKLYN CENTER, MINNESOTA 55430 C TELEPHONE 561 -5440 ENTER EMERGENCY- POLICE - FIRE 911 FEASIBILITY REPORT STREET IMPROVEMENT PROJECT NO. 1986 -05 PROJECT.DESCRIPTION Street Improvement Project No, 1986 -05 provides for the acquisition of Right of Way to allow the future construction of a public roadway (proposed to be Grimes Avenue North) lying between France Avenue North and Azelia Avenue North and between Lakebreeze Avenue North and the South line of the North one half of Section 10, Township 118, Range 21 West. - DISCUSSION The sole purpose for proceeding with this improvement is to provide a suitable public access roadway o the property ert no P P y w owned b the Joslyn yn Corporation which lies South of the Soo Line Railroad right of way in the North one half of Section 10. This property does now abut public roadways at the following locations: at France Avenue North immediately South of the France Avenue /Soo Line Railroad crossing at the dead end of Azelia Avenue North, North of Lakebreeze Avenue at the dead end of Lakeview Avenue North, North of Lakebreeze Avenue at the dead end North of Twin Lake Avenue North, North of Lakebreeze Avenue. It is the opinion of the City staff that none of these access points provide a_ suitable public access to accommodate future redevelopment of the Joslyn Corporation property. Specifically, the France Avenue access point is much too close to the Soo Line Railroad crossing to allow a safe access point to be .developed, and each of the other three access points are residential streets which are unsuitable for the purpose of carrying the anticipated future volumes of traffic resulting from future redevelopment of the Joslyn property. By providing a new access between France Avenue and Azelia Avenue, traffic generated by the future redevelopment of the Joslyn property would have access to Lakebreeze and to Trunk Highway 100 via a roadway through a developed commercial /industrial area. ��� Nav ezey „ December 4, 1986 Page 2 _ The City has obtained options for the purpose of acquiring this proposed right of way from the two properties involved, ie. Dale Properties, and the Normandale Tennis Clubs, Inc. The option agreements provide that if the City exercises those options, the City will assume the responsibility of replatting these properties in addition to payment for the value of the property to be used as right of way. The option agreements also provide that no special assessments be levied against the two property grantors, either for the right of way acquisition or for the future roadway construction. COST ESTIMATE AND FUNDING A summary of the estimated project costs is as follows: Land Acquisition Price (based on existing option agreements) $ 47,077,10 Estimated Platting Cost 5,222.90 Estimated Total Cost $ 52,300.00 It is recommended that the total cost of this improvement be levied as a special assessment against the property owned by the Joslyn Corporation which is described as follows: That part of the North one half (N 1/2) of Section 10, Township 118, Range 21 which lies South of the Soo Line Railroad right of way, between Twin Lake and France Avenue North. It is recommended that construction financing for this improvement be provided by authorizing the issuance of a Master Note. CONCLUSIONS AND RECOMMENDATIONS The improvement as described is feasible under the conditions outlined and at the cost estimated. It is recommended that the City Council adopt the attached resolution commencing proceedings on the project, accepting this report, and calling for a hearing on the proposed improvement. I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. Date: Decem er 4, 1986 Registration No. 6242 _ 51ST. AVE. N. c� Z 3 s w w O U w (r Z O � R w 11 �°Q 1, o � o PROPOSED ROADWAY 4 w w a Q Q 1 LAKE BREEZE AVE. w w �,a Z Q , w _ _ _ _ _ _ 48TH AVE. I IT l Y LAKESIDE AVE. Zi CITY OF BROOKLYN CENTER TWIN LAKE ui BEA o a LOCATION MAP $ROWING PROPOSED �� , I ✓ PARK Z LOCATION FOR GRIMES AVENUE RIGHT OF WAY IMPROVEMENT PROJECT NO, 19 -05 i / ,, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXERCISE OPTIONS FOR PURCHASE OF RIGHT OF WAY FOR IMPROVEMENT PROJECT NO. 1986 -05 WHEREAS, the City of Brooklyn Center has obtained two option agreements for the purpose of allowing the purchase of right of way for the future establishment of Grimes Avenue North between Lakebreeze Avenue and the South line of the North one half (Nl /2) of Section 10, T118, R21; and WHEREAS, the City Council has proposed to proceed with the acquisition of said property under authority granted by Minnesota Statutes, Sections 429.011 to 429.111, under Improvement Project No. 1986 -05; and WHEREAS, pursuant to Resolution No. 87- , adopted this date, the City Council has ordered said improvement project completed: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that: 1. The Mayor and City Manager are hereby authorized and directed to execute the option agreement with Normandale Tennis Clubs Inc., a Minnesota Corporation, for the purchase of those portions of Lot 2, Block 1, Dale and Davies 3rd Addition as described in said option agreement for the sum of $47,077.10 and other good and valuable consideration as defined within said option agreement. 2. The Mayor and City Manager are hereby authorized and directed to execute the option agreement with Dale Properties, a general partnership, for the purchase of a portion of Lot 1, Block 1, Dale and Davies 3rd Addition; in exchange for a part of Lot 2, Block 2, Dale and Davies 3rd Addition, and other good and valuable consideration as defined within said option agreement. 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 ACCEPTING PROPOSAL TO PROVIDE PROFESSIONAL SERVICES RELATING TO REPLATTING OF LOTS 1 & 2 OF BLOCK 1, DALE AND DAVIES 3RD ADDITION AS RELATED TO IMPROVEMENT PROJECT NO. 1986 -05 WHEREAS, the City of Brooklyn Center has obtained two option agreements for the purpose of allowing the purchase of right of way for the future establishment of Grimes Avenue North between Lakebreeze Avenue and the South line of the North one half (N1 /2) of Section 10, T118, R21; and WHEREAS, said option agreements include a provision for the City of Brooklyn Center to replat Lots 1 and 2 of Block 1 of Dale and Davies 3rd Addition; and WHEREAS, the City Council has proposed to proceed with the acquisition of said property under authority granted by Minnesota Statutes, Sections 429.011 to 429.111, under Improvement Project no. 1986 -05, and on this date the City Council has ordered said improvement project complete; and WHEREAS, the Director of Public Works recommends acceptance of the proposal of Hansen, Thorp, Pellinen, Olson, Inc., Consulting Engineers and Land Surveyors, to provide professional services required to replat said property as provided by the option agreements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the proposal submitted by Hansen, Thorp, Pellinen, Olson, Inc., to complete the final plat at a cost of $2,000.00 plus expenses (estimated at $226.00) is hereby accepted and approved. The City Manager is hereby authorized to execute said agreement on 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 NO. RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1986 -05 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 10542 for the following improvement: ACQUISITION OF RIGHT OF WAY TO ALLOW FOR FUTURE CONSTRUCTION OF A PUBLIC ROADWAY (PROPOSED TO BE GRIMES AVENUE NORTH) IMPROVEMENT PROJECT NO. 1986 -05 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments to extending over a period of fifteen (15) years, respectively, as indicated on each assessment roll. The first of the installments to be payable on or before the first Monday in January, 1989, and shall bear interest at the rate of ten (10) percent per annum from February 1, 1987. To the first installment shall be added interest on the entire assessment from February 1, 1987 until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 SPECIAL ASSESSMENT ROLL ----------------------------------------------- i PROJECT INFORMATION G.. -- --- --- ---- -- --- -- LEVY INFORMATION --------- p. Improvement Project No.: r` ' 1986 -05 Levy No.: 10542 ' • rn r Descriptions Acquisition of right of way to allow for future construction of Fund /Code No.; 59/108, a public roadway (proposed to be Grimes Avenue North) Levy Description: JOSLYN PROPERT� ACQUISITION Location: Levy runs fifteen (15j years That part of the North one half (N1 /2) with interest at the rate of ten (10) percent, Of 10, 118, 21 lying South of the Soo Line Railroad right of way between Twin Lake and France Avenue North Improvement Bearing Date: January 12, 1987 First payment, with property taxes payable in • 1988 shall Include twenty three (23) whole months interest. Improvement Ordered on: January 12, 1987 Resolution No. 87- Assessment District: Date of Assessment Nearing., January 12, 1987' anent Lot 2 That part of Govern lying Southwesterly of Railroad right of way except road Adopted on: January 12, 1987 Method of Apportionment: by Resolution No.: 87- Cost Summary from Resolution No.: Total Improvement Cost: Less Direct City Share: (Fund H.S.A.) Less Other Payments: i� Total Assessed to Property: Assessed to City Owned Property: Assessed to Other Public Property: ; Assessed to Private Property: CITY OF BROOKLYN CENTER JOSLYN PROPERTY MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL ACQUISITION - 15 YEARS PAGE 1 OF 1 LEVY PROJECT PROPERTY ADDN. TOTAL PROPERTY ASSESSED OWNER Additional Notification Address Name N0. N0. IDENTIFICATION N0. NO. PRINCIPAL Addition /Legal Description Name P Mailing Address Mailing Address 10542 86 -05 10- 118 -21 -23 -0004 89010 $52,300.00 UNPLATTED 10 118 21 THAT PART OF GOVT LOT 2 LYING SWLY 2 0 NORTH RIVERSIDEIPLAZZA•7D SUPPLY C O OF RR RIGHT OF WAY EXCEPT ROAD CHICAGO, ILLINOIS 60606 i • { MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA - REGULAR SESSION JANUARY 15, 1987 CITY HALL CALL TO ORDER 1986 PLANNING COMMISSION The 1986 Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:31 p.m. ROLL CALL 1986 PLANNING COMMISSION Chairman George Lucht, Commissioners Molly Malecki, Lowell Ainas, Mike Nelson, Wallace Bernards and Ann Wallerstedt. ..Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. Chairman Lucht explained that Commissioner Sandstrom was out of town and was excused. APPROVAL OF MINUTES - DECEMBER 11, 1986 Motion by Commissioner Nelson seconded by Commissioner V lecki to approve the minutes of the December 11, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Bernards. Voting against: none. Not voting: Commissioners Ainas and Wallerstedt. The motion passed. ADJOURN 1986 PLANNING COMMISSION Motion by Commissioner Nelson seconded by Commissioner Malecki to adjourn the 1986 Planning Commission. The motion passed unanimously. ADMINISTER OATH OF OFFICE The Secretary then administered the oath of office of Planning Commissioner to Chairman Lucht and Commissioners Ainas and Bernards. CALL TO ORDER 1987 PLANNING COMMISSION The 17 P 9 7 tannin Commission was then g called to order by Chairman George Lucht. ROLL CALL 1987 PLANNING COMMISSION Chairman George Lucht, Commissioners Molly Malecki, Lowell Ainas, Mike Nelson, Wallace Bernards, and Ann Wallerstedt. Commissioner Carl Sandstrom was excused. ELECT 1987 PLANNING COMMISSION CHAIRMAN There was a nomination by Commissioner Ainas seconded by Commissioner Malecki for George Lucht as 1987 Planning Commission Chairman. Chairman Lucht asked whether there were any other nominations. Hearing none, he called for a motion to close nominations. CLOSE NOMINATIONS Motion by Commissioner Nelson seconded by Commissioner Malecki to close nominations for 1987 Planning Commission Chairman. The motion passed unanimously. George Lucht was thereby elected 1 8 Planning Commission Chairman. Y 9 7 g airman. ELECT 1987 PLANNING COMMISSION CHAIRMAN PRO TEM There was a nomination by Commissioner Ainas seconded by Commissioner Malecki for Commissioner Mike Nelson as 1987 Planning Commission Chairman Pro tem. Chairman 1 -15 -87 -1- Lucht asked whether there were any other nominations. Hearing none, he called for a motion to close nominations. CLOSE NOMINATIONS Motion by Commissioner Ainas seconded by Commissioner Bernards to close nominations for Planning Commission Chairman Pro tem. The motion passed unanimously. Commissioner Mike Nelson was thereby elected as 1987 Planning Commission Chairman Pro tem. APPLICATION NOS. 87001 AND 87002 (Construction 70, Inc.) Following the Chairman's explanation, the Secretary introduced the first two items of business, a request for site and building plan and special use permit approval to construct a day care center immediately south of the office building at 6040 Earle Brown Drive and a request for preliminary R.L.S. approval to subdivide into two tracts the parcel of land on Earle Brown_ Drive between the Park Nicollet Clinic and the office building at 6040 Earle Brown Drive. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 87001 and 87002 attached). The Secretary added that a plan had been submitted showing a possible noise wall wrapping around the play area behind the building. He stated that such a wall would have to b built the specifications e bu 1 to e eci ications used b P Y MNDOT for noise walls adjacent to freeways. He stated that staff did not have the expertise to know the precise height or location necessary for the noise wall. He also stated that he did not know whether the applicant intended to formally propose the noise wall. Commissioner Bernards asked whether the playground would be fenced in so that no emergency vehicles could get to the playground area. The Secretary pointed out a gate on the north side of the building. The developer, Mr. Gene Peterson, stated that there would be a 10' wide gate in this area to allow emergency vehicles to get to the la roun p yg d area. Commissioner Nelson asked how the day care center would affect development of the land to the south and whether it would be possible for the center to be built on the south side of the property. The Secretary explained that the southern portion of the ro pert had an irregular shape t w access to the site and P P Y g ape tha would make designing cc efficient use of the land difficult. He stated that larger development could more easily shape the parking lot into the triangular corner of the lot. The Planner added that the development potential of the remaining three acres was still considerable. He estimated that an office building of perhaps 50,000 sq. ft. could be built on the remaining land. Chairman Lucht asked the applicant whether he had anything to add. The developer, Mr. Gene Peterson, stated that he had no problem with providing a sound fence. He stated that he did not expect this requirement because he had built a day care center on I -35W that has no sound fence. Mr. Peterson stated that he did not want a stockade -type fence. He pointed out that there would be strong supervision of the children in the playground area. He recommended to the Commission that berming and trees be used instead, but stated that he would be willing to put up a fence. Chairman Lucht explained that the requirement for a noise wall was a local ordinance. Mr. Peterson stated that he preferred to proceed with the application rather than table it. He stated that he felt the day care center would be compatible with high rises and mentioned other instances where it was considered compatible. He stated that he had looked at building the center on the south end of the property, but that it was difficult to design a site layout for that area. 1 -15 -87 -2- r Chairman Lucht pointed out a note on the plan indicating that a noise wall would be provided, but that landscaping would be deleted. The Planner explained that staff had expressed a concern about noise attenuation and that landscaping was suggested as one way of meeting that concern. He explained that he later discovered the ordinance language which required a noise wall. He stated that the latest plan reflects the requirement for a noise wall. The Secretary explained the background of the ordinance amendment. The Secretary explained that day care centers in the past have been located in residential districts. He explained that the ordinance prohibited day care playground areas from being in yards abutting major thoroughfares, unless those thoroughfares were buffered by a noise wall, a noise berm or excess right -of -way. He pointed out that such mitigating buffers allowed breaks in setback requirements, etc. to adjacent developments. He stated that the staff would have to get the specifications for noise walls in order to evaluate the applicant's proposal. Mr. Peterson again noted a case in which he had built a day care center adjacent to I -35W which did not require a noise wall. He stated, however, that he would gladly work with the City on providing a noise wall. PUBLIC HEARING (Application Nos. 87001 and 87002) Chairman Lucht noted that a public hearing had been scheduled for the special use permit and for the preliminary registered land survey. He asked whether anyone present wished to speak regarding those applications. No one spoke. Chairman Lucht asked the Commission for their feelings whether to table the matter or recommend it with conditions. Commissioner Ainas stated that he felt everything was basically in order except the item of the noise wall. He noted the applicant's stated willingness to comply with that requirement. He recommended that approval be recommended subject to a change in the plans to meet the noise wall requirements. Commissioner Bernards asked whether there were any standards for such a noise wall. The Secretary responded that staff had talked to MNDOT briefly about this question and that their standard was to achieve 65 decibels in the playground area. He stated that he did not know what the required height of the wall would be or the distance along the north and south property lines that the wall would have to wrap back. Commissioner Wallerstedt stated that she was as concerned about dust and fumes as about noise. She asked whether the noise wall would help keep out pollution. The Secretary responded that that would depend to a great extent on wind conditions. The City Engineer added that MNDOT has more than one set of standards for noise walls. He explained that there is one set of standards for residential areas and another for industrial areas. For this site, he stated, he felt the ordinance required conformance with a residential standard. Chairman Lucht stated that one problem with the ordinance is that it would allow a playground set back 50' from the right -of -way. The Secretary stated that the 50' setback requirement applies primarily to structures. He compared the situation to the Evergreen Apartments which were allowed to be closer than 50' when there was a noise wall. The Planner suggested that a more valid comparison would be with the noise attenuation achieved if the playground were on the other side of the building which he felt would be comparable to the noise attenuation achieved by the noise wall. He stated that the design of the noise wall would probably have to be evaluated by an engineer with a knowledge of acoustics and suggested that, at minimum, there be a condition requiring such an evaluation. 1 -15 -87 -3- Commissioner Malecki stated that she was not comfortable with sending the application on with this issue unresolved. She stated that it was an important issue that affected the layout of the site. The Secretary reminded the Commission that the applicant proposed to build the wall himself and that this is not strictly acknowledged in the ordinance. He stated that the Commission should make a finding that allowing the applicant to build the wall to MNDOT'S specification is acceptable. Commissioner Nelson stated that the purpose of the ordinance is presumably sound abatement. The Secretary stated that the assumption when the ordinance was written was that the noise wall program was over and that certain locations would be eligible and others not eligible. Commissioner Ainas again stated that he would be comfortable with the recommendation of an acoustic engineer. Mr. Gene Peterson stated that he has done extensive work with Twin City Testing and would be glad to have them evaluate the noise wall design. He asked that the application be sent on, subject to that design being brought back. He stated that the cost of doing the evaluation was something he was willing to pay. Chairman Lucht expressed appreciation for the applicant's willingness to cooperate, but stated that he did not feel tabling for two weeks was a serious problem. He added that he did not think the Commission had any problem with the use itself and that it would be a credit to the community. Chairman Lucht asked for the Commission's reaction on the applicant building the wall himself. All of the Commissioners stated they had no problem with proceeding in that fashion. CONTINUE PUBLIC HEARING (Construction 70, Inc.) Motion by Commissioner Ainas seconded by Commissioner Nelson to continue the public hearing on Application No. 87002. Voting in favor: 'Chairman Lucht, Commissioners Malecki, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION TABLING APPLICATION NO. 87001 (Construction 70, Inc.) Motion by Commissioner Nelson seconded by Commissioner Ainas to table Application No. 87001, and direct the applicant to provide a detailed plan for meeting the requirement for a noise wall adjacent to a major thoroughfare. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION TABLING APPLICATION NO. 87002 (Construction 70, Inc.) Motion by Commissioner Nelson seconded by Commissioner Ainas to table Application No. 87002 until the site plan for Application No. 87001 is completed per the previous motion. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NOS. 87003 and 87004 (Federated Department Stores) The Secretary then introduced the next two items of business, a request for site and building plan approval to construct a two - storey 73,189 sq. ft. retail store on the land presently occupied by the old Plitt Theater, Daytons Garden Store and gas station and a request for preliminary R.L.S. approval to subdivide the land east of the Shingle Creek culvert in the Brookdale complex including the land mentioned above. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheets for Application Nos. 87003 and 87004 attached). The Secretary also explained an existing arrangement for joint parking between the Plitt Theater and the Ground Round Restaurant. 1 -15 -87 -4- } The City Engineer added that the precise location of the watermain through the site was not yet known. He stated that the site needs a watermain loop to provide adequate pressure for the uses served in this area. He stated that a transmission main was presently used to provide adequate pressure. The City Engineer added that the project had been established by the City Council and that it would be desirable to coordinate this City project with the development. Chairman Lucht then asked the applicant whether he had anything to add. Ms. Mary Senkus, an attorney with Oppenheimer, Wolff and Donnelly, explained to the Commission that Mainstreet is a division of Federated Department Stores and that representatives of Mainstreet had come to the meeting. She introduced Mr. David Pierson, Senior Vice President of MainStreet to explain more about Mainstreet. Mr. Pierson explained that there are 15 Mainstreet Stores in the Chicago and Detroit areas and that it is the fastest growing division of Federated Department Stores which includes a number of retail chains, including Bloomingdale Is. He stated that Mainstreet sells soft goods to middle income customers, primarily families with growing children. He also stated that 75% of the merchandise sold in the stores are national brands. Commissioner Bernards asked what the store hours and days would be. Mr. Pierson answered that they would be the same as Brookdale Is hours. Mr. Bernards also asked who the traffic expert was for the project. He expressed concern regarding cars moving into the site from the perimeter road causing a backup. Chairman Lucht suggested that Mainstreet plant something other than Russian Olives in the greenstrip adjacent to Highway 100. He pointed out that there are numerous Russian Olives already along the Brookdale site. He suggested Canada Red Cherries or Choke Cherries to distinguish the site somewhat from Brookdale. The Secretary asked the applicant whether he understood the recommended conditions. Mr. Ernst Koehler, Director of Architect and Planning for Mainstreet responded in the affirmative and stated that they would comply. PUBLIC HEARING (Application No. 87004) Chairman Lucht then opened the meeting for a public hearing on Application No. 87004, the preliminary R.L.S. for the property. He asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87003 (Federated Department Stores Motion by Commissioner Nelson seconded by Commissioner Ainas to recommend approval of Application No. 87003, 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. 1 -15 -87 -5- a 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 1 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. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property prior to release of the performance guarantee. 10. The new R.L.S. for the property shall receive final approval and be filed at the County prior to the issuance of permits. 11. The storm water purification and detention plan shall be reviewed and approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. The on -site traffic control signery shall be provided in accordance with the recommendations of the Director of Public' Works. 13• The location of hydrants and fire lanes on the property shall be subject to approval by the Fire Chief. 14. The plans shall be modified, prior to consideration by the City Council, in the following manner: a) The radius of the entrance drive off County Road 10 as it branches off the front of the building shall be increased (widened) to allow movement of a fire truck through this access to the front of the building. b) Additional trees such as Canada Red Cherries or Choke Cherries (not Russian Olives) shall be provided in the greenstrip adjacent to Highway 100 to provide better screening of the parking lot and loading dock area. 1 -15 -87 -6- C) An additional handicapped ramp shall be provided southeast of the southwest entrance to the building. d) A pedestrian walkway and widened greenstrip for snow storage shall be provided in the area of the first row of parking south of the main entrance drive. e) An additional parking lot light shall be installed at the southwest access to the site in order to provide lighting for both the access and the City's walkway. 15. Plan approval acknowledges proof -of- parking for up to 60 parking spaces (including those referred to in 14d above). The applicant shall execute an agreement prepared by the City Attorney to install said parking spaces upon a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the title to the property at the County prior to the issuance of permits. 16. Storage of trailors on the site, other than at the loading dock is expressly prohibited. 17. Relocation of the access of County Road 10 is subject to review and approval by Hennepin County. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87004 (Federated Department Stores) Motion by Commissioner Nelson seconded by Commissioner Ainas to recommend approval of Application No. 87004, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3• The applicant shall execute an easement for storm detention areas consistent with a drainage and utility plan approved by the Shingle Creek Watershed Management Commission prior to release of the final R.L.S. for filing. 4. The applicant shall update the following easements as necesary prior to final R.L.S. approval: a) a nonexclusive easement granting the Ground Round site (Tract A, R.L.S. 1430) parking rights to 71 stalls on the new Mainstreet site, in accordance with City ordinance requirements. b) ingress and egress easement over the perimeter road portion of the proposed Tract A to both the Mainstreet site and the 1 -15 -87 -7- Ground Round site. c) ingress and egress easement over the proposed Tract B to the Ground Round site. d) relocation of the Northwestern Bell easement. e) City watermain proposed through the site. 5• The applicant shall provide topographic and utility information, for the proposed Tract A, including the size and the location of the existing Shingle Creek culvert, prior to final R.L.S. approval. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. DISCUSSION ITEMS a) Preview of 1987 The Secretary and the Planner then reviewed with the Commission upcoming developments that would, in all likelihood, come before the Commission in 1987. Study items along with major office developments and a high tech industrial building likely to be proposed by Lombard Properties. The Secretary added that there may be proposals for reuse of the Earle Brown Farm and possibly even a proposal to build the fourth phase of the Brookdale Corporate Center by Ryan Construction. The Planner updated the Commission on the status of the Crown Oil applications. He explained that staff had met with a representative of the County regarding access to the site and that the conclusion reached was that the site should only be allowed one access. He stated that Crown Oil wished to have two accesses and would propose a revised plan meeting other ordinance requirements, but with two accesses. The Secretary also discussed with the Commission the land area near Lynbrook Bowl. He stated that Vantage Corporation had proposed an office /industrial building in the area, but that the City prefers a large, multi - storey, unified development. Commissioner Ainas encouraged the staff not to give any financial incentive for a mini warehouse development. Commissioner Bernards recommended waiting for quality development. The Secretary explained that there are many small parcels in the area which could be developed with uses that would be permitted under the Zoning Ordinance which might in the long run impede a desirable development of the property. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:04 p.m. Chairman 1 -15 -87 -8- a Planning Commission Information Sheet Application No. 87001 Applicant: Construction 70, Inc. Location: Earle Brown Drive (south of 6040 office building) Request: Site and Building Plan /Special Use Location /Use The applicant requests site and building plan and special use permit approval to construct a 6,016 sq. ft. Learning Tree day care center on the vacant parcel of land south of the office building at 6040 Earle Brown Drive. The land in question is zoned C2 and is bounded on the north by a four storey office building, on the east by Highway 100, on the south by vacant C2 zoned land ( the southerly 3 acres of this 3.93 acre site is to be subdivided off) and then the Park Nicollet Medical Clinic, and on the west by Earle Brown Drive. The proposed day care center is a special use in the C2 zoning district. The proposed site would be a newly subdivided tract, approximately 122' x 309' +. Access /Parking Access to the site is to be gained via a single driveway off Earle Brown Drive. The applicant has proposed the driveway at the center of the site. Staff recommend that the driveway be shifted slightly southward to line up with the southerly driving lane on the site. Traffic is expected to move in a circular fashion on the site around a central island. Staff are concerned that the turning movement into the site be as smooth as possible to facilitate this flow. The plan calls for 24 parking stalls and six (6) proof -of- parking stalls in a central island in the parking lot to meet the parking requirement of one space per 200 sq. ft of gross floor area. Delineation of the six proof -of- parking stalls would remain if the center island had to be converted to parking. Landscaping /Screening The proposed landscape plan documents five existing trees along the south side of the office building site to the north. The plan calls for two Emerald Green Maples and two Sparkler Crabs in the front greenstrip. Two additional Maples and Dwarf Amur Maple and Bar Harbor Juniper shrubs are indicated in the center island. Three more Sparkler Crabs and various shrubs are proposed along the green area immediately in front of the building. The rear third of the site is devoted to play areas. Five additional Maple trees are scattered through this area. There are three defined areas in the rear portion of the site: a fenced in interior play area with a small (8' x 8' ) sand box, a larger area defined by landscape timbers with sand and play apparatus, and open sodded area that will be fenced along the perimeter of the site. There is also a concrete walk and patio area immediately behind the building. Underground irrigation is noted for all sodded areas between the building and property lines. The proposed fencing is a vinyl- coated cyclone fence. This does not meet the requirements of Section 35 -412 subsection 7 regarding outside play areas at day care centers. Such play areas are to be separated from parking and driving areas by a wood fence not less than 4' in height. In addition, outdoor recreational areas are not to be located in any yard abutting a major thoroughfare unless buffered by a device such as a "noise wall or noise berm constructed by MNDOT, or where the City Council finds that excess right =of -way mitigates the effects of traffic, noise, dust and fumes." (Section 35 -400 footnote 10). In this case, Highway 100 is not buffered by any of these devices. Staff have recommended at minimum screening of 1 -15 -87 _1_ Application No. 87001 continued } Highway 100. from the play yard by a dense row of coniferous trees. However, upon I further review of the ordinance that the site layout must simply ., we have concluded y p y be overhauled to completely eliminate the abutment of the play yard with Highway 100. There is presently a cyclone fence slightly within the highway right -of -way. Staff recommend that the applicant seek permission from MNDOT to connect up with erect a separate fence on the property this fence rather than e p e p p y line and leave an unmaintained area in between. Grading /Drainage /Utilities The grading plan at this point is .very sketchy. Essentially, the rear portion of the site would drain toward the highway right-of-way. Draina a on the front g Y Drainage si eofthecen center h site w' collect ' t t h basins either d portion oft e to ill in o ca one on c island) and be conveyed by storm sewer to the City storm sewer in Earle Brown Drive. Staff recommend that roof drainage also be collected and conveyed to the storm sewer system. Building The proposed building would contain five classrooms of varying sizes around the perimeter and a core area containing kitchen, restrooms, utilities and storage. Proposed enrollment is 125• The occupant load under the Building Code is 171. The exterior of the building would be a 5/8" cedar plywood with vertical scoring 6 on center. Some earth berming is proposed along the front and side elevations. The roof is a modified hip roof. Lighting /Trash No lights are labeled on the site plan. The trash dumpster is to be located in a enclosure in front of the building off the driveway at the front drop -off area. Special Use Criteria The proposed day care center is subject to the standards set forth in Section 35- 220.2 and in Section 35- 322.3q (attached). The applicant's representative has submitted a letter in which he assures the City, on a point -by -point basis, that the standared contained in Section 35 -220.2 will be met by the proposed day care center. There is no real attempt to explain how those standards will be met and the standards from Section 35- 322.3q have not been addressed at all. Staff would offer the following observations relative to the standards: a) the proposed use will serve a demand for day care in the commercial and industrial park around I -694. b) we foresee no positive or negative impact on the value of adjacent properties. c) the scale of the proposed development is somewhat out of step with that of surrounding land which is occupied mostly by high -rise developments. If the day care operation does not succeed, the proposed building and parcelization will impede the full utilization of the land along the lines characteristic of the district. However, the use itself should not impede development of the remainder of the vacant site, to the south. d) the access and driveway layout should provide for smooth movement into the site to avoid any possible backup on Earle Brown Drive during peak hours. (Note: the peak hours of nearby office development will coincide with the peak hours of the day care center.) 1 -15 -87 -2- 1 1 Application No. 87001 continued e) compliance with Section 35 -412.7 is not achieved by the proposed plan. Further landscape screening and berming should be installed to provide an acceptable buffer to Highway 100. Relative to the standards in Section 35- 322.3q: 1) The proposed day care center is fairly compatible with adjacent land uses. It should not produce any effects that will be detrimental to the functioning of the office building, the high- rise apartment building or most commercial developments that are possible on the vacant parcel to the south. Staff's main concern regarding the relation of this use to neighboring properties is one of scale. It would be, by comparison, a small building on a small parcel, surrounded by large buildings on large parcels. In terms of the three dimensional geometry of this area, the proposed day care center appears to be out of proportion, if not incompatible. The main thrust of these standards is use compatibility. The scale of a use as opposed to its activity is no doubt a secondary concern and should be addressed more appropriately by lot minimums than by usage standards. 2) The day care use is complementary to adjacent land uses in that it provides a service close to a concentration of office workers, many of which will "consume" that service. 3) The intensity of the day care center use is generally within the range of activity of other uses permitted in the C2 zoning district such as educational uses and office uses. 4) The design of the site should provide for smooth entrance and exit of the site through one access drive. 5) Traffic generated on the site is separated from the outside play area by the building. After fully reviewing the day care center proposal, staff have concluded that the use is acceptable in this location. However, the present site layout does not meet the requirements of Section 35 -41 subsection 7 which prohibits recreational areas in yards abutting a major thoroughfare, unless buffered by a frontage road, noise wall or noise berm constructed by MNDOT. This is clearly not provided in this case. Staff would point out that City neighborhood parks which abut the interstate and Highway 100 with exception of Lions Park are buffered by noise walls. The activity in these parks is also significantly less, on the average, than would be the case in the play yard at the day care center. We must also point out that the proposed development would take only a portion of a larger vacant parcel. Now is certainly the time to redesign the site and propose new property lines rather than after a development takes place on the vacant land to the south. We, therefore, recommend that both the site and building plan and plat applications be tabled with direction to the applicant to redesign based on Section 35 -410.7 of the Zoning Ordinance. The Commission may, however, wish to give the applicant an informal indication of how it views the proposed use. We realize that the tabling action will cost the applicant time. Moreover, staff have spent some time reviewing the proposal and suggesting changes without recognizing the conflict with Section 35- 412.7. We apologize for being less than timely in pointing out this requirement, but we feel there is ample flexibility to address the requirement and that it should not be ignored. We, therefore, recommend redesign of the site. 1 -15 -87 -3- Planning Commission Information Sheet Application No. 87002 Applicant: Construction 70, Inc. Location: Earle Brown Drive (south of 6040 office building) Request: Registered Land Survey The applicant requests preliminary R.L.S. approval to subdivide into two tracts the parcel of land between the Park Nicollet Medical Center and the four storey office building at 60 Earle Brown Drive. The land in question is zoned C2 and is bounded on the northeast by the office building, on the southeast by Highway 100, on the southwest by the clinic, and on the northwest by Earle Brown Drive. The purpose of the subdivision is to create a separate parcels for the proposed Learning Tree day care center and the remaining vacant land. The existing parcel is 3.936 acres. The area of the day care center site (Tract A) is .8824 acres. The balance is contained in the proposed Tract B which is 3.052 acres. The entire parcel is very flat, the grade varying in elevation less than 2 feet overall. No easements are indicated on the preliminary R.L.S. survey. An existing nonconforming sign is located near the northeast corner of Tract B advertising the Earle Brown Farm Commercial and Industrial Park. This sign should be removed prior to release of the final R.L.S. for filing. The proposed subdivision is tied directly to the site development plan for the proposed day care center. Until the site plan for the day care center is revised to provide a play area that does not have direct abutment with Highway 100, it would be premature to approve the R.L.S. We, therefore, recommend tabling of this application until the issues related to the site plan are resolved. Planning Commission Information Sheet Application No. 87003 Applicant: Federated Department Stores Location: 2501 County Road 10 Request: Site and Building Plan Location /Use The applicant requests site and building plan approval to construct a two- storey 73,189 sq. ft. department store on the old Plitt Theatre site at 2501 County Road 10. Along with the existing theatre, the old Dayton's Garden Store and Gas Station buildings will be demolished and a consolidated 7.02 acre site will support the proposed development. The land in question is zoned C2 and is bounded on the north by County Road 10, on the southeast by Highway 100, on the west by Brookdale and the Ground Round restaurant. A department store is a permitted use in that zoning district. The proposed development will require the consolidation of land on three existing parcels. A new registered land survey to create tracts consistent with lines of development is proposed under Application No. 87004. Access /Parking The primary access to the site will be off the private perimeter road serving Brookdale, in the area northeast of Dayton's. A secondary access will also be provided off this road. The legal rights to such access presumably already exist, but the applicant should confirm this right prior to filing of the proposed R.L.S. There is also a proposed access off County Road 10, approximately 100' east of the existing access to the theatre, which will be closed. The access off County Road 10 would be just 22' wide, is designed as an entrance only and is angled to the east to allow a smooth turning movement for delivery vehicles. A one -way customer entrance drive to the front of the building will also be created off this access. Staff recommend a slight increase in the radius at the beginning of the customer entrance to allow easier access for fire trucks. The main access off the perimeter road, unfortunately does not and cannot line up with the main entrance point to Dayton's off that road. It does, however, line up reasonably well with the driving . lanes to the south. The main access would be divided by a median with an opening at the entrance to the Ground Round. The parking plan calls for 491 spaces to be installed and 32 additional spaces as proof -of- parking for a total of 523 potential spaces. This meets the requirement of the retail parking formula for the Main Street store (451 spaces) plus 72 additional spaces for the Ground Round. These spaces are required to meet the parking requirement for the restaurant and are presently accounted for on a tract of land lying between the restaurant and the existing theatre which has served parking needs of both uses for the past 10 years. An easement agreement establishing these parking rights covers the existing tract. As the parcel is combined with other land by the new R.L.S., the legal right to the required spaces must be transferred to the new parcel. Landscaping The proposed landscape plan calls for 20 shade trees, 12 Honeylocust around the building and 8 Greenspire Linden on the perimeter parking lot islands. Decorative trees and shrubs are employed in the perimenter greenstrips and along the main entrance drive. Species include: Russian Olive, Armur Chokecherry and Profusion Crab trees, Winged Enonymus and Russian Peashrub, Hughes Juniper and Prince of Wales Juniper. The point total on the landscape plan is 477.5 which slightly exceeds the 1 -15 -87 _1_ y s Application No. 87003 continued 460 required for the site under the landscape point system. Staff have recommended additional trees in the greenstrip along Highway 100 to further screen the loading dock area at the northeast corner of the site and wide, open views of the main parking lot. A power line easement limits the height of trees in this area. Staff also recommend that a pedestrian link be provided between the City's walkway along the outer edge of the Brookdale perimeter road and the building. The logical place for this walkway would be in the area of the first row of parking south of the main access drive. Further green space in this area would also provide more capacity for snow storage that is not available in the proposed 6' wide strip between entrance drive and parking. We would be prepared to recommend proof -of- parking credit for this additional green area and walkway. Drainage /Utilities The site of the proposed development is 7.02 acres and abuts a portion of the 100 year flood plain in the southeast corner of the Brookdale site where the perimeter road crosses Shingle Creek adjacent to Highway 100. As such, it is subject to the water purification and storm detention requirements of the Shingle Creek Watershed Management District. The grading plan calls for five main detention areas on the site: one in the northerly parking lot, two in the westerly lot near the Brookdale perimeter road, the roof of the building, and the loading dock area. These detention areas all flow via a 12" storm sewer pipe to a special structure in the greenstrip between the west parking lot and the Brookdale perimeter road. That structure will skim oil and floatable debris from the runoff before it enters Shingle Creek. The City Engineer has indicated that the structure needs to be enlarged and left open to the air for easier maintenance. The storm detention and purification plan for the development must be reviewed and approved by the Shingle Creek Watershed Management Commission. It will not be formally considered by that body until February 12, 1987. Approval by that body is necessary prior to the issuance of permits. The utility plan calls for two hydrants close to the northwest and southwest sides of the building. The loading dock area at the northeast portion of the building is furthest from a hydrant. A single waterline (probably 8" diameter) would enter the building from a main in County Road 10 and then divide for domestic and fire lines. Some existing storm sewer lines on the site will be abandoned or capped as necessary because of the placement and size of the new buildings. The City Engineer is presently evaluating the possible need for a public watermain project through the site to connect the on -site service for the hydrants with a main serving Brookdale. The existing line does not provide adequate pressure for all the demands it will be required to serve. Building The proposed building elevations call for a square patterned brick (cocoa color) along the base of all four elevations and around the two main entrances. The remainder of the wall faces will be a tan colored synthetic plastic also in a square pattern. A 10' 8" high screen wall with consistent treatment is proposed to screen the loading dock area (note: this height is from finished floor; the height above the base of the dock would be approximately 14' -- enough to fully screen trailors) No floor plan details have been submitted other than exits and stairs at the corners of the building. Two handicapped ramps are indicated on the site lan. .should be P A least one additional ramp provided south of the westerly building entrance. 1 -15 -87 I -2- Application No. 87003 continued Lighting /Trash A separate lighting plan has been submitted with the development proposal. A memo by Carol Chaffee dated December 30, 1986 addresses the subject of site lighting. She explains that the surrounding area is well lighted and that on -site lighting should be provided by "low brightness cut -off luminaires positioned for uniform illumination." Entry and roadway lighting is to be provided by 175 watt Metal Halide lamps on 15' high poles. Parking areas are to be lighted by 400 watt Metal Halide lamps on 25' poles. Wall mounted lights will illumine parking areas behind the building. The recommended light fixtures are cylindrical in shape and focus light downward. Staff recommend additional lighting along the walkway next to the perimeter road, especially at the southwest corner of the site. No outside trash storage has been indicated. Recommendation Altogether, the plans are generally in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 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. An underground irrigation g g on system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property prior to release of the performance guarantee. 10. The new R.L.S. for the property shall receive final approval and be filed at the County prior to the issuance of permits. i 11. The storm water purification and detention plan shall be reviewed and approved by the Shingle Creels Watershed Management Commission prior to the issuance of permits. 1 -15 -87 -3- ' r f Application No. 87003 continued 12. On -site traffic control signery shall be provided in accordance with the recommendations of the Director of Public Works. 13• The location of hydrants and fire lanes on the property shall be subject to approval by the Fire Chief. 14. The plans shall be modified, prior to consideration by the City Council, in the following manner: a) The radius of the entrance drive off County Road 10 as it branches off to the front of the building shall be increased (widened) to allow movement of a fire truck through this access to the front of the building. b) Additional trees shall. be provided in the greenstrip adjacent to Highway 100 to provide better screening of the parking lot and the loading dock area. c) An additional handicapped ramp shall be provided southeast of the southwest entrance to the building. d) A pedestrian walkway and widened greenstrip for snow storage shall be provided in the area of the first row of parking south of the main entrance drive. 15. Plan approval acknowledges proof -of- parking for up to 60 parking spaces (including those referred to in 14d above). The applicant shall execute an agreement prepared by the City Attorney to install said parking spaces upon a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the title to the property at the County prior to the issuance of permits. 16. Storage of trailors on the site, other than at the loading dock is expressly prohibited. 17. Relocation of the access of County Road 10 is subject to review and approval by Hennepin County. I 1 -15 -87 -4- Planning Commission Information Sheet Application No. 87004 Applicant: Federated Department Stores Location: 2501 County Road 10 Request: Preliminary R.L.S. The applicant requests preliminary R.L.S. approval to resubdivide the land east of Shingle Creek in the Brookdale area, including the existing Plitt Theatre site. The land in question is zoned C2 and is bounded on the north by County Road 10, on the southeast by Highway 100, and on the west by the Shingle Creek culvert. Excepted from this area is the Ground Round site, which is not altered by the proposed subdivision. The purpose of the proposed subdivision is to create a new parcel for the proposed Main Street store that includes the land from the old Plitt Theatre site, a common parking lot for the theatre and the Ground Round, the old Dayton's Garden Store and the old Oasis Petroleum Gas Station. The proposed R.L.S. contains three tracts: the proposed Main Street site (Tract B), a tract covering the easterly portion of the Dayton's parking lot (east of the creek culvert) and the adjacent perimeter road (Tract A), and a portion of the southbound entrance ramp from County Road 10 to Highway 100 (Tract C). The lot areas are as follows: Tract A: 283,280 sq. ft. (6.503 ac.) Tract B: 305,980 sq. ft. (7.024 ac.) Tract C: 47,884 sq. ft. (1.099 ac.) A number of easements exist over the land in this proposed R.L.S., but are not shown. Easements and physical information have been shown on a survey accompanying the development plans. That survey does not as yet include information on most of the area west of the Brookdale perimeter road. Topographic information and information on the size and elevation of the culvert as well as other utilities should be provided for this area. The survey of the development area for Main Street shows a number of existing easements as follows: -A 20' wide sewer and watermain easement from City lines in County Road 10 (running north - south) to the Ground Round site. -A 10' wide Northwestern Bell Telephone Company easement from the Ground Round site to Highway 100 which will have to be relocated as it runs through the proposed location of the new store. -An 80' wide NSP easement for high transmission lines adjacent to Highway 100. -An easement for ingress and egress from the intersection of County Road 10 and Shingle Creek Parkway along the Brookdale perimeter road to the location of the main entrance drive serving both Main Street and the existing Ground Round restaurant. This easement document may have to be amended to take account of the additional access further south. -There is also a nonexclusive easement for parking over Tract B, R.L.S. No. 1430 which grants the Ground Round 71 parking stalls. This parking right will have to be transferred over to the newly created Tract B (of a new R.L.S.), the site of the Main Street store. 1 -15 -87 -1- p - x Application No. 87004 continued The City is presently planning a possible watermain project through the Main Street site (Tract B). The design of the potential watermain must be approved and the necessary easement document executed prior to approval of the final R.L.S. Finally, as part of the approval of the Main Street grading and utility plan, easements for storm detention areas must be obtained. Altogether, the proposed R.L.S. is generally in order and approval is recommended subject to at least the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall execute an easement for storm detention areas consistent with a drainage and utility plan approved by the Shingle Creek Watershed Management Commission prior to release of the final R.L.S. for filing. 4. The applicant shall update the following easements as necessary prior to final R.L.S. approval: a) a nonexclusive easement granting the Ground Round site ( Tract A, R.L.S. 1430) parking rights to 71 stalls on the new Main Street site, in accordance with City ordinance requirements. b) ingress and egress easement over the perimeter road portion of the proposed Tract A to both the Main Street site and the Ground Round site. c) ingress and egress easement over the proposed Tract B to the Ground site. d) relocation of the Northwestern Bell easement. e) City watermain proposed through the site. 5. The applicant shall provide topographic and utility information, for the proposed Tract A, including the size, and location of the existing Shingle Creek culvert, prior to final R.L.S. approval. 1 -15 -87 -2- m= ■gym � �� mm 6 mm DS He 7� m mm mm MIS ���_ �• Aim mm mmma�`e mm mm m� -� N APPLICATION NOS. �i i 87003 00 Bi S PARK - iCC ' �► �Y t _ 1 e — " oaba • e ao o° OOQT I o 0 o e o OOM Zf re Ir , - ;. � J .r•` a ��' � ,` A.. - „^:• �. : r.'. •i 'F i . o \ 1 • '1' R A•_: zu sp x f q t + REGISTERED LAND SURVEY N0. HENNEPIN COUNTY, MINNESOTA o Z N w O 5p 100 200 30 0 j CD p m SCALE IN FEET 0 S 2° 57'29" W °ch 57.17 Z It DENOTES IRON MONUMENT SET a- DENOTES IRON MONUMENT FOUND R4 Q�., BEARINGS SHOWN ARE BASED ON ASSUMED DATUM N ° : &2 CT S` sp y ss0 Ju r e J C h M li.• .�(,� 219 H �•,�� �� \yam ,��� e �. <�... �,` 02 BOO / 4 i N �' X32 57 2139 s� - d- 6 R'i2500 ° l : 7 j3 O. . ��00 yb Y� p <5 " 5 i 00 /moo Spa All 5gy 1 N O O, $ ? Ca 9,9. 1L1 Zfi N �(.n R= 153.50 o� ` TR ACT Q n 160.29 - - -- NO °01'08 ° E 889.23-- NO °0122 "W SIGMA SURVEYING SERVICE= SHEET 2 OF 2 SHEETS FLAKNE LAW OFFICES, PA. ATTORNEYS AT LAW / 9304 LYNDALE AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55420 (612) 88&9304 KLEVE 1. FLAKNE DONALD W. FETr (1898 -1960) OF COUNSEL GARY W. FLAKNE DANIEL S. WGRATH BRIAN K. FLAKNE LEGAL ASSISTANT January 22, 1987 The Honorable Dean A. Nyquist Mayor, City of Brooklyn Center and Members of the Brooklyn Center City Council Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: `Application for Club License of Duoos Brothers American Legion Post No. 630 Dear Mayor Nyquist and Members of the Council: This letter is in response to the letter of Mayor Nyquist handed to me at the City Council meeting on January 12th, touching concerns about information desired from the above applicant and also in response to comments made by members of the Council concerning their inquiries. Since Mayor Nyquist has put this in writing, I will follow as closely as possible items raised in his letter in answer to the questions raised. You suggested that a pictorial organizational chart be presented so that you could see where the lines of authority run within the Legion Post. Please see the Table of Organization which is attached and marked Exhibit "1 ". You next requested specific rules of operation of all of the committees based upon the criteria questions of "what ", "how ", "who ", and "when ", if applicable. Attached hereto and marked Exhibit "2 ", please find the rules and membership of the Bar Committee; marked Exhibit "3", the rules and membership of the Gambling Committee; marked Exhibit "4", the rules and membership of the Housing Committee; and marked Exhibit 0 5 ", the rules and membership of the Executive Committee, I believe these detailed rules for the operation of the Club meet the criteria that you have requested. i -2- You requested a resolution or minutes of the meeting in which these rules were adopted. The specifics of that request are more difficult to answer, but I have enclosed the minutes of the Brooklyn Center Post of November 11, 1986, which is attached hereto and marked Exhibit 0 6 ". This was a regularly scheduled meeting of the general membership of the Post at which it was decided to have a select number of people who could act on behalf of the Post in order to meet the requirements that were being relayed to us by the Police Department and others. The people that were given the power necessary to make these decisions are a designated ad hoc committee, at all times including the Commander, with the exception of the Bar Manager, since the group decided to restructure the Bar Committee and do away with that position. Operating under the mandate of the November 11th meeting, the ad hoc committee passed on the rules and organization which I have included, on January 16, 1987. This has been an ongoing project, and no formal resolution other than the concurrence of the ad hoc committee is available and no further documentation is available. There is no question that the rules as we have presented them to you and the members of the Council are binding on the Post. You requested information regarding the relationship between the Post organization and the Housing Corporation. The Housing Corporation has functioned in the past as a separate body, dealing primarily with the upkeep and maintenance of the building. The make -up of the Housing Board is now more clearly defined as the Housing Committee under the authority of the Executive Committee and I would refer you to previously numbered Exhibit "4" as to its make -up and its function. You requested, as well, conformed copies and a certification that the Articles of Incorporation and Bylaws had been adopted. I am not entirely sure what you were seeking, but I have obtained the certified copy of the Articles of Incorporation of the Duoos Brothers American Legion Post 630 Housing Corporation. Please find that attached hereto and marked Exhibit "7 ". There are no other certifications of the Bylaws or the Articles of Incorporation. You asked to review all of the minutes of both organizations, both as to membership and board meetings for the past three years. This information is much too voluminous to include as attachments and to a large degree, is handwritten, however, I am bringing the minute books along with me at our Friday meeting so that you may look through them, if you so desire. • You also make reference to the involvement of the Osseo Club and its offer of assistance to the Duoos Brothers Legion -3- Post. You requested a written contract between them and Brooklyn Center, as to their involvement. I explained t. A pl fined to the Council at the public hearing, an erroneous impression may have been left with the Council concerning involvement of the Osseo club. As was explained that evening, the involvement comes from the District Commander, Mr. Ronning, who had at my request arranged for various members of his home Post, the Osseo Post, to meet with members of the Brooklyn Center Post which they have done. After the meeting of January 12th, I spoke with Mr. Ronning about a possible contract between himself as the District Commander using the resources available to him, and the Brooklyn Center Post. Because of possible unknown liability problems and other items inherent in the autonomy of the individual Legion Posts, it is not possible for the Osseo Post to enter into a written contract between that Post and the Brooklyn Center Post. However, Commander Ronning has set forth his position and willingness to commit resources within his control to assist the Post and monitor their progress at least until his term expires in July of 1987. I enclose a letter directed to the City Council dated January 17th which addresses those issues and is attached hereto and marked Exhibit "8". You raised the issue of a legal committee responsible for audits. I am informed that there is no legal committee and consequently, there are no "audit" reports to give to you. I have, however, available to you and the council which I will bring to the Friday meeting, the last three years financial statements of the club, which you may look through, if you so desire. You also raised the question about the various groups using rooms at the club. It should be noted that there are only two rooms at the club, the bar and a meeting room, which is divided by a- portable wall and I would refer you to Exhibit "2" regarding the questions of who may use these facilities and regulations covering use. You will note that in order to use the facilities, it requires the involvement of both the Housing Committee and the Bar Committee. In addition, you raised the issue about membership and the qualifications for membership. Specifically, you made reference to Article IV, Section II of the Post 630 Constitution. Please be advised that the eligibility for membership at the Club derives from Article IV of the National Constitution, which appears on page 114 of the Post Officers Guide. I have enclosed a copy of said`Article, marked Exhibit 0 9 0 . In addition, attached hereto and marked Exhibit "10" are copies of the application for membership to the Sons of the American Legion and to the American Legion. This is the information required of each person who wishes to become a member and this information is then sent to -4- State Headquarters and I assume on to the National Organization. Because of the discussion as to whether some of the members are, in fact, veterans, you have asked for an official membership roll of the Post, including branch of service, address, number and date of discharge. Attached hereto and marked Exhibit "11 ", please find a computer print -out of the present 1987 membership of the Post. This is the only record that the Post has of its membership rolls. Insofar as the discharge and further information you requested, we have contacted the Department of Minnesota American Legion and the Veterans Administration. I am attaching hereto a letter from the Veterans Administration, marked Exhibit "12" and a letter from the American Legion Department of Minnesota, marked Exhibit "13 ", which should be self- explanatory. In order to obtain the information requested, we would have to go to each one of the members of the Post and obtain their written consent to give that information out. This is not a practical solution, given the time constraints we are under. In addition, questions were raised concerning the rules and regulations which we had previously submitted, specifically that Rule No. 8 appeared to be discretionary rather than mandatory and that Rule No. 1 seemed to be confusing in its wording. Attached hereto and marked Exhibit "14" please find the new rules which have been adopted by the Committee, which should answer those concerns. A great deal of effort has gone into gathering this information to make the organization which has now been confirmed, work. We have attempted to address all of the concerns of the Council, especially as to the lines of responsibility and accountability. I apologize for not being able to obtain more information on some of the questions, but it was only because it was either unclear or impractical that additional information was not furnished. We appreciate the interest that you have taken in this license and the suggestions that have been made. They have been beneficial to the overall operation of the Post. I hope that you will realize that we have made a sincere effort to make the Post one that the City can be proud of. We respectfully request that the present application for 1987 license be granted. Respectfully yours, '' FL 'KATE LAW OFFICES, P.A. Attorney at<Law C�= cc: Gera splinter VU005 BROTHERS LESIBAI POST 4 50 TRBLE OF ORGAN/ AT /DJV COMMANDER GENERAL MEMBERSHIP EXECUTIVE COMMITTEE /BOARD Officers and 3 elected members from floor ADJUTANT E - 1ST VICE BAR COMMITTEE GAMBLING COMMITTEE HOUSING COMMITTEE 2ND VICE BANK BANK FINANCE BANK ACCOUNTANT OFFICER EXHIBIT "1" i BAR COMMITTEE RULES AND MEMBERSHIP 1. The Bar Committee shall consist of five 'members: a Chairman, two other members designated by the Commander, one member elected at a general meeting, and the Post Commander. All members shall serve l year terms. 2. The Chairman.has with the responsibility of meeting daily with all bartenders. The members of the Bar Committee must meet once a month for reports from the Chair on readings of the bar tapes and inventory. Liquor control is the responsibility of the day bartender and the Bar Committee Chairman together with the responsibility of inventory control of liquor, beer, pop, etc. 3. All money receipts are handled by the day bartender, who shall meet daily with the Chairman of the Bar Committee to clear the till, check inventory, and record receipts. All deposits will be made daily, and be recorded by the Bar Committee Chairman. 4. The Committee shall maintain its own separate checking account. All checks drawn on the account must contain the signature of the Post Commander and the Bar Committee Chairman. 5. The Bar Committee has the following responsibilities: (1) The Committee shall meet on a regularly scheduled monthly basis at the Post home and these meetings shall be open to membership. The Committee will maintain minutes of its meetings. (2) To supervise the purchase of all items pertaining to the Club for the bar operation. (3) To maintain custody of and security for the building and property. (4) To supervise and control personnel and define rules and regulations for the conduct of bartenders,waitresses and other employees of the bar. (5) To supervise daily, through its Chairman, all monies received by the day bartender in conjunction with the bar operation. (6) Through its Chairman, or his designate, RXNTATT °7° BAR COMMITTEE RULES, ETC. (contd.) report monthly to the general membership as to receipts, inventory, and expenses and all financial information relative to the bar operation. (7) To insure that all property and inventory of the bar are secured and delivered to the accountant monthly. (8) To insure the overall satisfactory operation of the bar and that it is conducted in accordance with all local, state and federal laws. (9) To insure that all Bar funds are kept in a separate checking and /or savings account and that the books be audited twice a year by the accountant. (10) The Bar Committee shall be fully responsible at all times to the Commander and to the general membership. (11) The Bar Committee shall have the sole responsibility for use of the club facilities. Any member of the Post or other persons wishing to use the club facilities must make application to, and receive the consent of, the Bar Committee. s GAMBLING COMMITTEE RULES AND MEMBERSHIP 1. The Gambling Committee is composed of four members, who shall be the Commander and three members in good standing, appointed by him. The Chairman of the Gambling Committee shall be elected by the Committee. 2. The Chairman of the Committee is responsible to insure that the license is renewed each year and that all appropriate reports are filed with the proper governmental agencies. 3. The Committee shall maintain its own separate checking account and any check drawn on that account shall require two signatures, the Post Commander and the Gambling Committee Chairman. 4. All tax forms are to be signed by the Post Commander, the Gambling Committee Chairman, and the preparer. 5. All monies to be distributed from Gambling proceeds to outside groups must be approved by the Committee before any checks are issued. 6. The Chairman of the Gambling Committee must report monthly to the Executive Committee and the general member- ship with a financial statement, which statement shall then be placed on file with the Post Adjutant for inspection by any member. 7 T oversee the The Committee has the responsibility to ov • P Y gambling operation in accordance with the following rules: (a) All pulltabs shall be purchased from a licensed supplier; (b) The registration and serial number display cards of all pulltab deals in play are to be posted in clear view of the players; (c) Inventory is kept for purchase to report sales to the State; (d) Each deal is checked for shortages in funds for amount of profit and recorded onto the tax form. 8. The Committee Chairman oversees and supervises the activities of the tellers ( pulltab sellers). The duties of the tellers are as follows: EXHIBIT 113" . s I GAMBLING COMMITTEE RULES, ETC. (contd.) (a) Maintain and g olice the west book and P rules in accordance therewith. (b) Count the till (starting money) before any transactions are made; (c) Sign in /out on register tape; (d) Circle any mistakes on register tapes and then re -run with correct transaction; (e) All winners must be of number and color of pulltabs in plan; (f) Any pulltab that appears to be altered in any way will not be paid and police will be notiifed; (g) Winners of $100 or more must sign winning pulltab. If unknown to the teller, the winner must sign the winners voucher with required information filled out by the teller. If winner refuses to sign, no pay -off is made. (h) End of day money must equal register tape sales total plus amount of starting money to balance the days receipts. These totals shall then be reported to the Gambling Chairman daily. (i) The teller shall be paid at an hourly rate set by the Gambling Committee. (j) The tellers are prohibited from, doing any of the following: (1) Giving information on winners remaining in deals; (2) Allowing customers to choose and take pulltabs from containers; (3) Purchasing pulltabs when working; (4) Paying on any pulltabs which have been removed from the building; (5) Issuing credit; (6) Accepting checks for the pulltab operation. HOUSING COMMITTEE RULES AND MEMBERSHIP 1. The Housing Committee consists of three (3) members elected by the general membership. 2. The responsibilities of the Committee are to maintain the building, over see and contract for repairs and upkeep and to prescribe rules for rentals of the building for special events. Members wishing to use the club room for anniversary parties, birthday parties, etc. on a Sunday must have the consent of the Housing Committee and a Housing Committee member or Bar Committee member must be present to open and close the building. 3. The Housing Committee shall report monthly on its activities with regard to the post home to the general membership. EXHIBIT "4" s EXECUTIVE COMMITTEE RULES AND MEMBERSHIP 1. The Executive Committee of the Post consists of all of the elected officers of the Post, plus three members elected from the floor by the general membership, all of which said members shall be members in good standing. 2. The Executive Committee has control of all affairs of the Post between the meetings of the general membership. The Post Commander is Chairman of the Executive Committee. 3. The Post Adjutant is the recorder for the Committee, and is responsible for keeping minutes of the Committee meetings, but has no vote. 4. All Committees of the Post must report monthly on their activities to the Executive Committee. 5. The term of office of all members of the Executive Committee shall be for one (1) year. 6. Any member of the Post, including members of the Executive Committee, may be removed, for cause, by a 2/3 vote of the membership of the Post. 7. The Executive Committee shall report to the general membership monthly on its activities and on the overall operation of the Post. 8. The Executive Committee is responsible and at all times fully accountable to the general membership of the Post. 9. The Finance Officer has overall responsibility for all financial matters involving the operation of the Post, reports directly to the Post Commander and the Executive Committee. The Finance Officer may be designated to draw checks on the post account and, in the absence of one other designated signatory, is authorized to sign committee checks. EXHIBIT "5" POST NO. 630 OF MINNESOTA THE AMERICAN LEGION COMPILEo "Y Gerald B erndt .ADJUTANT November 11,1986 �Amf 12 O"E° "Y ATTENDANCE coMMANncr, OFFICERS MEMBERS TOTAL 1 The regular meeting of Brooklyn Center Post No. 630 was called to order by Commander Perry Ronnei at 8:00 p.m. in the post home. Following the formal opening ceremonies, the minutes of the previous meeting were read and approved without alteration or correction. There were no guests. First Vice Commander reported that we had 149 members that had paid their 1986 dues. Our quota is 230 members. Second Vice Commander resigned. Finance Officer reported that the post has a balance of $3,725.14 as of October 31,1986. Gambling Manager Absent. Housing President Vern Babcock reported that the housing committee ask that the general membership vote on paying the attorneys fees and other expenses relating to the gambling violations of Mike Ronnei, Patty Hauck:, and Steve abcock. Chaplain absent. Investment Committee no report. Historian absent. Old business, Commander Perry made a plea that we as members continue to try to get signatures on our petitions for our attorney. New Business Motion was made and second that the post pay the attorneys fees and other expenses accured by our employees relating to the gambling violations. Motion Passed. Commander Perry announced that he and the Bar Manager, Gambling Manager, Finance Officer , and members of the Housing Committee are going to meet with our attorney and 10th District Commander, on Saturday Nov 15th to get some ideas for a plan on accountability for the post to present to the Brooklyn Center Council in hopes to retain our liquor license. Motion was made and second that the above members be allowed to make decisions necessary to speed up the proposal for our attorney to present to the Brooklyn Center Council. Motion Passed. eeting adjourned 8:40 p.m. PXRTRTT "All C_' 23 w N � I ' 'BLS' is ~Yl� }�� i� �� �' •:� � ��`�J ,��`� i i �[a All ttZa Wham cghese Pre se nts Shalt (lame, (6reeting: j I I Wh ereas, Articles of Incorporation, duly signed and acknowledged under oath, have been recorded in the office of the Secretary of State, on the -- day of March , A. D. 19 5 for the incorporation of D uoos Bros American Legion Post 630 Housing Corporation under and in accordance with the provisions of the Minnesota Nonprofit Corporation ' ILAN 4 Act, Minnesota Statutes, Chapter 317 W4 -Now, iDierefare, I, Joseph L. Do novan, Secret dry 0f State of the State of Minnesota, by virtue of the powers and duties vested in me by law, do hereby certify that the said _ Duoos Bros. Amer Legion Post 630 Housing Co is a legally organized Corporation under the laws of this State. I Witness my official signature hereunto sub- scribed and the Great Seal of the State of Minnesota f hereunto affixed this twenty — eighth day of March in the year of our Lord I i one thousand nine hundred and f if ty- seven. __ v_ C . C�ULI•�C '" ; / � Secretary of Stete. i r T ' $ XIII I'I' 11 711 -►�,r MIGHTY COUNTIES OF C � OO �Q, PINE KANA9EC THE AMERICAN LEGIQN 45 WANT 0 CHISAGO �\ MALE LACS T E N T H ANOKA TENTH DISTRICT DEPARTMENT OF MINNESOTA RURALHENNEPIN January 17,1987 TO: BrooKlyn Center City Council FROM: Commander 10th District American Legion Marland A. Ronning RE: American Legion Post # 630 BrooKlyn Center City Council members, As Commander of the 10th District American Legion I have 58 Posts in 8 counties. The decisions on the District level are decided and carried out by the District Executive Board. As chairman of this board I simply maintain that proper procedures are followed in any matters before it. Each post is responsible for their internal affaires in the same manner, and of course the general membership at a regular scheduled meeting has the final say in all matters. I have used the officers and procedures of the Osseo Post to assist the BrooKlyn Center post in setting the affaires of their post in order. Because I am a member of the Osseo post and we are close it was my choice to asK Osseo to assist the BrooKlyn Center post in organizating their internal affaires. Since Osseo and BrooKlyn Center has worKed together on community projects before it seemed liKe the right thing. I have assisted in the reorganization of the brooKlyn Center post at their request. If the council is responsive to the changes at post q 630 and their license is granted I will personally monitor their progress and continue any assistance they require. Of course I can not assume any legal responsabilities and my term as District Commander is over the 15th of July this year. I do feel they are on the right tracK to again be an asset to your community and are also sincere in accepting the changes as well as implementing them. If 1 can be of any further service please feel free to contact me. ThanK you for your consideration in this matter. In the American Legion, For God and Co try, Marland A. Ronning Commander FXHTRTT IIR II �y ly: t a r ;. ' t•: i ;.a•: , a ;r.•:.qa : t : ; r:•t ;.{; Fyn a( ;w ' ' cr > � q � • y• : '' !`��r';'�.�.z�rw.7.t� ::t..v��.. ti..cy¢�...t 1wi.::i• :u•..tr4.,x�Ni: b, M conwcrate and s anctify f justice, freedom and de our comradeship ,'"'r n peM 1M Principles of ± h b err dewften to mutual helpfulMtr. r ARTICLE 1: NAME S 1. The "am of this organization sha ll be THE AMERICAN LEGION. ?. The National Headquarters of The American Legion shall be d Section 3 l of the site of the of Indianapolis, Indiana. { d Indiana World War Memorial in the city a ARTICLE Ill NATURE c organ ization; membership therein does not affect nor 7 is a civilian org io no member shall be , Section 1. THE AMERICAN LEGION service. Rank does not exist in the loq C i liability for military er P° of the Legion• the 7'` oddros+ed by his military or naval title in any convention meeting Of and shall not be used for e _4 j :i :; : :1�.: iw t a;»i y a;t .:;: •. of any person seeking public: c `+a Section 1. THE AMERICAN LEGION shall be a b so l u te ly the candidacy Bison rincipJos not for the prom t disserninotion of pa P " office or pmfonnont. y.. ARTICLE Ill: ORGANIZATION :a and them may be one ~' Section 1. THE AMERICAN LE n each h tote n o d he District of C these r turn in posts. C_:` There shall be one deportmem and insular possessio ons of the Un ;ted States and foreign n of the United States. The National Executive Com pepartment in each territory a miMeo may establish posts in the Nrritorial and insular Po sses * ' shall function. but this •_ countries, and shall designate the D*P*rt t under w alrwdy established.dict;on They shag in M way -fled the status of dep artments %r J ARTICLE IV: EIIGIgIIITT was a member t ..:: l :r!; :ilk s✓; $ :, = «c ;::�' ` 1 n shall be eligible for membership in THE AMERICAN LEGION 9 ty // Section 1. Any PHfO of the Army, Navy Marine Carps. Coast Guard, or Air Force o4 th United States and assi De ember 7 1941, period April 6, 1917, to November 11, 1918; 1975; all dotes at some time during any of the fallowing 0to January 31, 1955; August 5, 1964, to May 7, to December 31, 1946; June 25, Periods; a citizen of the United States at the time of his entry therein, served oa ctive uty inclusive, or who, being governments as with the United States during any the armed forces of any of the g ischarge or honorable honorable d ,¢ that such service shall have boon terminated further, that no person shall be s provided, however. periods; pr ovided , separation, or continued honorably after any of said refused on conscientious" , -- entitled to membership win, being in such service during any of said periods, service.;< himself to milita ry disc a discipli or unqualified political or other grounds to subj •. ro... section 2. There shall be no form er class of membership except -n active membersfiip, and dues ±: shall be paid annually of for li than one m Section 3. N person may be a member at any one ti f P s hall be a dmitted to membership In an -; Section 4. No Person, who has been expelled by ° ellin ost, except that where such consent h of /he other pas /, w ith ou t the consent of the •xp sal to the Executive Committee of the and denied by such post, he may then OPP p ost, and shall be ineligible #*( , ,h expelling post for permission to be admitted to membership in - nether s matnbersh{P until such Permission Is grouted. 4 ARTICLE V: NATIONAL CONVENTION he ^oil ° ^OI C ° ^Ve ^lion of THE AMERICAN LEGION shall be t t ' Section: 1. The bglstlaflve body the National except as otherwiw Provided in the Constitution and Ey.Laws. lace for sutBcieM reasens;x': Section 2. The tim which shall c how o the ity annu to change wch 1 me and P determined Y ns nd Executive Committee. N It appearing• dep artment shall be entitled fo pus delegates and One Section 3. In the notion -1 convention each dep Ion the ��• addition delegaN for each one thousand members, or mater fwcfreof. whew current dues haw f;,• . H. t.'.i,'• "C•. �`4!1..• tai: 114 EXHIBIT "9" T. r2w Mdz.r.: APPLICATION FOR MEMBERSHIP y • SONS OF THE AMERICAN LEGION Date t f Detachment of Squadron No. ❑ Son ❑ Stepson I $ Name ❑ Adopted Son ❑ Grandson. (FIRST) (NIDOLEI (LAST) W ` Address V ° o Lu (STREET/ (CITY) (eTATS) (ZIP coo.I , o • Date of Birth O � Veteran through whom eligibility is established s E Above is member in good standing of Post No. Dept. of o (Or) Above is deceased veteran who served honorably from 19_to 19— ° e > m Have you previously been a member? _WhenT , x T I hereby subscribe to the Conefituf)on of the Sons of the American Legion, apply for C o� membership, and transmit $ as annual Membership dues, which includes o .0 fwenfy -five cents for a subscription to the SALufafions for one year. V `s: • ro u� Signed + I '�' e � c IaY APPLICANT OR LEGIONNAIRE PARENT) 1 tl C W O 1 q C D Eligibility certified by FORM 00.001 1191)1 (POST ADJUTANT) _ 4 0 10-4' 1 iv M N !••N i C :a o s 9 P °ofDues Mbe 01meritan Region ��s & Membership Application -1 0 y Date 19 — ■ z gg 9 « ot5s =A Name e . O a r ....: '•.t =. � : •�.•.- Stmt Address Phone 4' CL i ^ a 4; . City State Zip Code W 0 ° o z Dues Received By NEW Member ( ) Reinstatement ( ) Renewal ix o < o a «o+ (Dale of Enlistment) (Branch of service) (Service Serval No.) X j2 r � Section at right must Y C v t- � be completed for NEW _ members. $ ~ _ r (Date of Separation) (Character of Separation) (Date of Birth) « a; V yy o� - 4 Social Security No. Sr Occupation Blood Ty Can you donate? I do not subscribe to the principles of any group opposed to our form of government I certify that I did e $ S not refuse on conament)ous, political or other grounds to subject myself to military discipline or unqualified service during the period t was in the Armed Forces of the United States. c� •� $ y ■ pp $ b. Susie form together with dum should (Signa delivered promptly to Post A ar Poet Ftoanes Oflicer) Form 1 3009 (19801 EXHIBIT It l O ter Regional Office Bishop Henry Whipple and Insurance Center Federal Building Fort Snelling St. Paul MN 55111 Veterans Administration - JanuaAy 15, 1987 In Reply Refer To: M,%. Gene McE ti-gott 6331 Bea)cd Aven Nofrth #5 Baooktyn CentetL, MN 55429 TO WHOM IT MAY CONCERN: UndeA Pubt i.c Law 93-579, (P&ivacy act o6 1974) , The Veteha.n�s Admini,6tuti-on -is unabte to netea,6e any names, t.zts on inbonmati.on about vet n.a" with out -the,iA wkitten conz ent. Sincerc owiz �y y , JJ E. HAMPT ,_,Yetena.rus SeAvices 066iceA EXHIBIT 11 12" America &44-=;7hanks to our Veterans" FORM NO. 1 CT'he American Legion DEPARTMENT OF N'll\NF.SOTA Mike Ohnstad, DIRECTOR OF REHABILITATION 174 BISHOP HENRY WHIPPLE FEDERAL BUILDING ST. PAUL. MINNESOTA 55111 TELEPHONE: (612) 726 -9313 FTS 725 -4171 January 15, 1987 Mr. Gene McElligott 6331 Beard Avenue North #5 Brooklyn Center, MN 55429 TO WHOM IT MAY CONCERN: Under Public Law 93 -579, (Privacy act of 1974), The American Legion is unable to release any names, lists or information about veterans with out their written consent. Sincerely, ROBERT W. ERBES Claims Representative RWE /wt EXHIBIT "13" RULES AND REGULATIONS GOVERNING THE BAR OPERATION OF DUOOS BROTHERS LEGION POST NO. 630 1. Only members or guests of members may use the club facilities. All guests must be accompanied by a member and sign the guest book located inside the front door each time they enter the club. 2. The pulltab operator, or in his /her absence, the bartender on duty, has the responsibility to maintain the guest book and to enforce the rules concerning guests. 3. Bar operation. The following are the club room hours: Monday through Thursday - 12:00 noon to 11:00 p.m. Friday and Saturday - 10:00 a.m. to 1:00 a.m. 4. No profanity shall be allowed on the premises. 5. No unlicensed gambling shall be allowed on the premises. 6. No fighting or unruly conduct shall be allowed on the premises. 7. No alcoholic beverages purchased at the bar will be allowed to be taken from the premises. 8. The bartender shall refuse service to anyone deemed to be in violation of these rules and in addition, a violator may be subject to additional sanctions including, but not limited to, ejection from the club. The bartender shall report all violations to the bar committee within 24 hours after any violation occurs. 9. Disciplinary action will be taken against violators. A first offense will result in a 30 day suspension of bar privileges, a second offense shall result in a 60 day suspension of bar privileges. 10. These rules will be posted so that every person using the club facilities is on notice. EXHIBIT 1114" Licenses to be approved by the City Council on January 26, 1987: CIGARETTE LICENSE Five Star Vending 15034 Fillmore Street NE Hiawatha Rubber 1700 67th Avenue North Mikros Engineering 3715 50th Avenue North City Clerk FOOD ESTABLISHMENT LICENSE -f Kid's Time Out 5611 Xerxes Avenue N. f7 D D�tniY� Sanitarian GASOLINE SERVICE STATION LICENSE Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Bill West Service Station 2000 57th Avenue North City Clerk ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA /Judy Sodemann 6024 Camden Avenue North 4 -Ifl St. Gerards Church /Pat Hollenbeck 9600 Regent Avenue North -4uy)2 Sanitarian NONPERISHABLE VENDING MACHINE LICENSE ARA Services 2830 North Fairview Northwestern Bell 5910 Shingle Creek Pkwy. Bill's Vending Service 7317 West Broadway Brooklyn Center Service 6245 Brooklyn Boulevard Bro /Midwest Vending Company 8850 Wentworth Avenue South Holiday Inn 1501 Freeway oulevard Pilgrim Cleaners Y 5748 Morgan Avenue North Cook Paint 4800 North Lilac Drive Five Star Vending 15034 Fillmore Street NE Hiawatha Rubber 1700 67th Avenue North Mikros Engineering 3715 50th Avenue North Iten Chevrolet 6701 Brooklyn Boulevard J.R. Vending, Inc. 5312 Perry Avenue North Brooklyn Law Office 5637 Brooklyn Boulevard Minnesota Vikings Food Service, Inc. 5200 West 74th Street Hiway 100 North France Health Club 4001 Lakebreeze Avenue N. Silent Knight Security Systems, Inc. 1700 Freeway Boulevard State Farm Insurance 5930 Shingle Creek Pkwy. NSI /Griswold Corporation 8300 10th Avenue North Brookdale Pontiac 6801 Brooklyn Boulevard Lynbrook Bowl 6357 North Lilac Drive Travelers North 6601 Shingle Creek Pkwy. Precision, Inc. 3415 48th Avenue North Theisen Vending Company 3804 Nicollet Avenue N. Budgetel Inn 6415 James Circle Ramada Hotel 2200 Freeway Boulevard Thrifty Scot Motel 6445 James Circle Bill West Union 76 2000 57th Avenue North Woodside Enterprises 11889 65th Avenue North -�-� �I City of Brooklyn Center 6301 Shingle Creek Pkwy. 1 / �JrlQiyt_ Sanitarian PERISHABLE VENDING MACHINE LICENSE Five Star Vending 15034 Fillmore Street NE Hiawatha Rubber 1700 67th Avenue North Mikros Engineering 3715 50th Avenue North Iten Chevrolet 6701 Brooklyn Boulevard Minnesota Vikings Food Service, Inc. 5200 West 74th Street Hiway 100 North France Health Club 4001 Lakebreeze Avenue N. State Farm Insurance 5930 Shingle Creek Parkway NSI /Griswold Corporation 8300 10th Avenue North Travelers North 6601 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Avenue North Budgetel Inn 6415 James Circle 7 i 1�2/1M Sanitarian READILY PERISHABLE FOOD VEHICLE LICENSE American Bakeries Company 4215 69th Avenue North / a �G/YICLYZ Sanitarian RENTAL DWELLING LICENSE Initial: Robert S. Bisanz Brookside Manor Apartments Dave Huang 6400 Girard Avenue North Stu Tufford 4207 Lakeside Ave. N. #125 Renewal: Gary and Vicki Zimmerman 6527 Brooklyn Boulevard - kd -/J !A-4-0j, 0 Director of Planning and Inspection SPECIAL FOOD HANDLING LICENSE Brooklyn Center Liquor Store #1 1500 69th Avenue North Brooklyn Center Liquor Store #2 6250 Brooklyn Boulevard Brooklyn Center Liquor Store #3 5711 Morgan Avenue North Burger Brothers 5927 John Martin Drive Ideal Drug 6800 Humboldt Avenue North M & S Drug Emporium 5900 Shingle Creek Pkwy. Norden, Inc. 1325 Brookdale Center Snyder Brothers Drug Store 1296 Brookdale Center I V'6 1- Sanitarian TAXICAB LICENSE Blue & White Cab Co. 2404 Sheridan Avenue N. Town Taxi 2812 University Avenue SE Yellow Taxi Service Corporation 3555 5th Avenue South �(�y ClAef of Police GENERAL APPROVAL:' -"(-o D. K. Weeks, City Clerk