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HomeMy WebLinkAbout1987 11-09 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 9, 1987 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. - Recess to Economic Development Authority 6. Reconvene City Council Meeting 7. 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. *8. Approval of Minutes: a. October 26, 1987 - Regular Session 9. Resolutions: *a. Accepting Work Performed for Water Quality Improvement Project No. 1986 -18 (for the Area Bounded by 65th and 63rd Avenue North, West of Noble Avenue North) *b. Accepting Work Performed under Contract 1986 -Q (Earle Brown Farm Streetscape, Improvement Project No. 1986 - 21, Phase III Streetscape Nodes) c. Approving Supplemental Agreement No. 2, and Accepting Work Performed under Contract 1987 -E (Brookdale 16 Inch Water Main, Improvement Project No. 1987 -03) *d. Accepting Work Performed under Contract 1987 -J (Palmer Lake Trail East, Improvement Project No. 1987 -12) *e. Accepting Work Performed under Contract 1987 -K (Dallas Road Reconstruction Street Improvement Project No. 1985 -12) *f. Accepting Work Performed under Contract 1987 -L (Camden Avenue Sidewalk Improvement Project No. 1987 -10) CITY COUNCIL AGENDA -2- November 9, 1987 g. Accepting Engineer's Report Regarding Rehabilitation of Wellhouse No. 5 and 6 (Improvement Project No. 1987 -20) and Accepting Proposal for Architectural Services Relating to the Preparation of Construction Plans and Specifications and Construction Supervision of Project h. Establishing Improvement Project No. 1987 -24 Reconditioning Well No. 6, and Approving Agreement for Professional Services Relating Thereto *i. Amending the 1987 General Fund Budget -This appropriates funds for a portable breath testing simulator. *j. Approving Vacation Leave and Sick Leave for Engineering Technician IV 10. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling -This ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and a public hearing was open on October 26, 1987. The public hearing has been continued to this evening's meeting. b. An Ordinance Amending Chapter 11 of the City Ordinances 0 Regarding Liquor License Establishments This ordinance was first read on September 14 1 987 ub p ' published in the City's official newspaper on September 24, 1987, and a public hearing was open on October 26, 1987. The public hearing as been continued to this his evening's meeting. 11. Planning Commission: (7:45 p.m.) Consideration of Items Relating to Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition -These items relate to the resolution of conflicts resulting from the intrusion of the houses located at 5806 and 5812 Halifax Avenue North into the existing public utility easements. a. Planning Commission Application No. 87023 submitted by James Andrescik requesting a variance from Section 35- 400 of the zoning ordinance to allow a zero setback for an attached garage presently built over the side property line and a storm sewer easement. This item was recommended for approval by the Planning Commission at its October 15, 1987 meeting. b. Planning Commission Application No. 87024 submitted by James Andrescik requesting a variance from the subdivision ordinance to allow a land transfer by metes and bounds division rather than by formal platting. This item was recommended for approval by the Planning Commission at its October 15, 1987 meeting. CITY COUNCIL AGENDA -3- November 9, 1987 1. Resolution Accepting Engineer's Report Regarding Storm Sewer Improvement Project 1987- 22 2. Resolution Approving Agreement for the Relocation of a Storm Sewer within the Public Utility Easements between Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition 3. Ordinance Vacating Portions of the Public Utility Easements Located on Lots 46 and 47, Block 6 Pearson's Northport 3r � d Addition -This ordinance was first read on October 5, 1987, published in the City's official newspaper on October 15, 1987, and is offered this evening for a second reading. 12. Discussion Items: a. Charter Amendment Regarding a Full -Time Fire Chief b. Approval of Local Addendum to the Master Labor Agreement between Metropolitan Area Management Association (representing the City of Brooklyn Center and 22 other metropolitan cities) and the International Union of Operating Engineers (IUOE) Local No. 49, AFL - CIO c. Annual Financial Audit Proposals d. Recommendation from the Park and Recreation Commission to Amend the Advisory Commission Bylaws Regarding Article VII which Allows Commission Members to Speak on Behalf of the Commission e. Designation of Mississippi River as National Scenic River f. Group Health Insurance Plans *13. Proclamation: a. Declaring November 15, 1987, to November 21, 1987, as Alternative Dispute Resolution Week in Brooklyn Center *14. Licenses 15. Adjournment 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 OCTOBER 26, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order b Mayor y y r Dean Nyquist at 7:07 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis A lso resent p were City Manager Gerald Splinter, Director of Public Works S Knapp, Director Sy PP> Paul Holmlund, Director of Plannin g and Inspection Ron Warren, City Attorney Charlie LeFevere, HRA Coordinator Brad Hoffman City Sanitarian Tom Heenan and nd Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Councilmember Hawes. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Lhotka requested items 7b and 7i be removed from the consent agenda. APPROVAL OF MINUTES - OCTOBER 5 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the October 5, 1987, City Council meeting. The motion passed unanimously. RESOLUTION NO. 87 -192 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST10/26/87) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -193 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) DUMP TRUCK 10 -26 -87 -1- r The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -194 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) POLICE PATROL VEHICLES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: CHRISTMAS TREE SALES LOT P.Q.T. Company 4007 58th Ave. N. Sears 1297 Brookdale Center GARBAGE AND REFUSE COLLECTION VEHICLE T & L Sanitation 8201 Logan Ave. N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions 6500 Humboldt Ave. N. Brooklyn Harmonettes 6301 Shingle Creek Pkwy. Earle Brown PTA 5900 Humboldt Ave. N. RENTAL DWELLINGS Renewal: Donald Foster 5100 Brooklyn Blvd. ROI Properties, Inc. 6306 Brooklyn Drive Lillian Hollenbeck 5406 Bryant Ave. N. Ralph C. Johnson 5440, 44 Bryant Ave. N. Herbert A. Zwirn 5500 Bryant Ave. N. George Shimshock 5900 Colfax Ave. N. Tower Investments 5100 Drew Ave. N. Dale C. Wegner 5935 Dupont Ave. N. Rafael Rocha 5326 James Ave. N. Jeff and Patti Stewart 5547 Lyndale Ave. N. Daryl Losey 5931 Pearson Drive Robert Nechal 5332, 36 Russell Ave. N. Marilyn Dietrich /Thomas Schultz 6831 Toledo Ave. N. Jack and Mary Herrlin 4803 Wingard Place George and Etheljean McMullen 2401, 03 54th Ave. N. Peter S. Kelly 3900 56th Ave. N. J. J. Barnett 2910 68th Lane J. J. Barnett 2914 68th Lane J. J. Barnett 2918 68th Lane J. J. Barnett 2922 68th Lane The motion passed unanimously. 10 -26 -87 -2- RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Preliminary Layout Plan for Improvement of County Road 10 between Northway Drive and Shingle Creek Parkway and Designating Said Improvement as Improvement Project No. 1987 -23. He noted this matter was discussed at the October 5, 1987, City Council meeting and tabled with a request for additional information. The Director of Public Works said the written report presented to the Council this evening answered most of the questions asked by the Council at its last meeting, but he was willing to answer any additional questions of the Council. Councilmember Lhotka questioned the method in which the use of box culverts would be made in this project. The Director of Public Works said a major requirement is to provide a wide shoulder so as not to create a safety problem. Councilmember Lhotka asked for further explanation, and the Director of Public Works said it is necessary to prevent vehicles that go out of control from fallin g into the culvert. Councilmember Lhotka asked if this proposal is the only design that can be built, and the Director of Public Works responded affirmatively, adding this is what is necessary to meet the State aid standards. Councilmember Lhotka asked if this proposal is required whenever a box culvert is built. The Director of Public Works responded affirmatively, y, noting that given the design criteria, including the number of cars using the road and the speed limit, this is the requirement. Councilmember Lhotka asked what the additional cost is of installing a railing, and the Director of Public Works said the wall with a railin g will cost between $100,000 and $150,000. Councilmember Lhotka asked who decides what the standards will be, and the Director of Public Works said the State aid division of the Minnesota Department of Transportation makes these decisions. Councilmember Lhotka asked if the project will not be done in 1988, and the Director of Public Works said it will not be at least from the indications > ati ns given by the County. Councilmember Theis asked if the Council should consider the underground electrical service at this time, and the Director of Public Works said there should be separate consideration for this. He suggested the Council should approve the resolution PP before them this evening and then make motions directing g g staff to proceed with the electrical wiring and landscaping projects. Councilmember Theis agreed that the Council needs to decide on what to do with the culvert now, and the other issues can wait. The City Manager said some things must be coordinated at the time the project is constructed. Councilmember Theis asked if the relocation of the pipe is included, and the Director of Public Works said it is a matter of staff returning to the City Council with a final design. He added staff does recommend a below ground pipe. Councilmember Lhotka asked if the preliminary approval is with the pipe below ground, and the Director of Public Works responded affirmatively. RESOLUTION NO. 87 -195 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY LAYOUT PLAN FOR IMPROVEMENT OF COUNTY ROAD 10 BETWEEN NORTHWAY DRIVE AND SHINGLE CREEK PARKWAY AND DESIGNATING SAID IMPROVEMENT AS IMPROVEMENT PROJECT NO. 1987 -23 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Lhotka opposed. 10 -26 -87 -3- There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to ensure there will be discussions with area businesses to determine whether or not they are willing to assist in payment of any assessments related to this project. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:23 p.m. to recognize the City Manager for ten years of service with the City, and it reconvened at 7:43 p.m. RESOLUTIONS CONTINUED The City Manager presented a Resolution Accepting Proposal for the Installation of a Fuel System at the Centerbrook Golf Course Maintenance Garage (Project No. 1985 -23). Councilmember Lhotka asked why another system is needed, and the City Manager said it is the safest way to store gasoline. Councilmember Lhotka asked if this was part of the original plans, and the City Manager responded affirmatively. RESOLUTION NO. 87 -196 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR THE INSTALLATION OF A FUEL SYSTEM AT THE CENTERBROOK GOLF COURSE MAINTENANCE GARAGE (PROJECT NO. 1985 -23) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Recognizing the Achievement of Fred Armbruster, noting Mr. Armbruster has swum 500 miles in the community center pool. RESOLUTION NO. 87 -197 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF FRED ARMBRUSTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Acquisition of Lot 15, Garcelon's Addition to Minneapolis that Part Lying No of S 30 Ft Thereof, noting this land is located just north of 5450 Lyndale Avenue North. The HRA Coordinator identified the location of the 4' strip, and noted the market value has been established by the City Assessor. The City Manager said the land will be purchased using monies from the utility fund. Councilmember Scott asked why such a small piece of land existed in the first place, and the HRA Coordinator said it was for a sign. There was discussion about the location of this piece of property. RESOLUTION NO. 87 -198 Member Celia Scott introduced the following resolution and moved its adoption: 10 -26 -87 -4- RESOLUTION APPROVING ACQUISITION OF LOT 15, GARCELON'S ADDITION TO MINNEAPOLIS THAT PART LYING NO OF S 30 FT THEREOF 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 Ordering a Public Hearing on a Resolution of Intent to Organize Collection of Refuse within the City of Brooklyn Center and Inviting the Participation of Interested Persons in Planning and Establishing the Organized Collection System. The City Manager said this is a first step in the process of achieving the mandated goal of reducing by 16% the refuse at land fills. He added other communities are proceeding in a similar manner. The resolution on the table this evening is to set a public hearing, and the deadline to have a plan adopted is January 1, 1988. The City Manager noted Brooklyn Center has waited in order to observe the experiences of Crystal and Brooklyn Park in the process cess be fore proceeding. in Councilmember P g ember Scott asked if all of the City's licensed haulers will be notified of the public hearing, and the City Manager responded affirmatively. Councilmember Scott asked if licensed haulers in other cities around Brooklyn Center will be notified, and the HRA Coordinator said adequate notification will be made. Councilmember Lhotka requested clarification of the process involved. The City Manager said a public hearing will be held followed by a decision on which alternate to pursue, which will then be confirmed by a resolution passed by the Council to select that alternate. Councilmember Lhotka asked if one public hearing is sufficient, and the HRA Coordinator said the public hearing will start a 90 day clock running, in which time the City may receive input. Councilmember Hawes asked how many licensed haulers there are in Brooklyn Center, and the HRA Coordinator estimated there are seven residential and twelve commercial haulers. Councilmember Hawes asked if the same haulers will handle a specific area and pick up several times each week. The HRA Coordinator said the haulers would form a co -op and have designated routes in the City to pick up from one time a week. Ultimately, he said the goal is to have trash picked up at one stop for the land fill, recycling, and composting. He noted there are many ways to accomplish the goal and the idea is to do everything one day a week. Councilmember Hawes asked if there is any thought to having one large container for garbage, and the HRA Coordinator said this is an Lion still being option addressed and these and other options will be ironed P out over the next 90 days. Councilmember Hawes asked if Hennepin County is going to build a new plant for burning refuse, and the HRA Coordinator responded affirmatively, although he does not know where this plant will be. The City Manager added that until this plant is built, the City will have to rely on land fills and recycling. Councilmember Theis expressed concern over having a number of haulers picking up at the same time on the same day, resulting in having a number of trucks driving up and down the street in a neighborhood at the same time. The City Manager suggested there would be one hauler in a given area for recycling. RESOLUTION NO. 87 -199 Member Gene Lhotka introduced the following resolution and moved its adoption: 10 -26 -87 _5_ RESOLUTION ORDERING A PUBLIC HEARING ON A RESOLUTION OF INTENT TO ORGANIZE COLLECTION OF REFUSE WITHIN THE CITY OF BROOKLYN CENTER AND INVITING THE PARTICIPATION OF INTERESTED PERSONS IN PLANNING AND ESTABLISHING THE ORGANIZED COLLECTION SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Authorizing a Project under Minnesota Statutes 462C and the Issuance of First Mortgage Elderly Housing Revenue Bonds to Finance the Project (Maranatha Housing Project). Councilmember Lhotka said he removed this item from the consent agenda to vote against it. RESOLUTION NO. 87 -200 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A PROJECT UNDER MINNESOTA STATUTES 462C AND THE ISSUANCE OF FIRST MORTGAGE ELDERLY HOUSING REVENUE BONDS TO FINANCE THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Lhotka opposed. ORDINANCES The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling, noting this ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. He added this should be considered concurrently with An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments, which was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading also. Councilmember Hawes said he received a letter from Bob Spies of the Lions Club, who said there are ten to twelve potential sites for pull tab operations in the City; Councilmember Hawes asked if this is accurate. The City Manager responded affirmatively, saying each facility with a liquor license is eligible. Mayor Nyquist said Mr. Spies could not be at the meeting this evening, but he requests a grandfather clause for the Lions Club to include three locations. The City Manager said there should be special action authorizing a third site or the ordinance approval should be delayed. Councilmember Lhotka said he is having a hard time understanding why three sites are needed. Councilmember Theis said he was not in support of this when it started, but would feel comfortable if the wording were changed to say if another organization wants one of the three locations, the Lions Club should be willing to give up one of its locations. He suggested laying over this item so the proper wording can be developed on item 13 of the ordinance. The City Manager suggested a public hearing be held first. Councilmember Hawes asked for clarification on which site would be given up if an organization is allowed to begin with three sites. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable 10 -26 -87 -6- Gambling and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing or continue it to the next meeting. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to continue the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling to the November 9, 1987, City Council meeting. The motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing or to continue the public hearing to the next meeting. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on An Ordinance Amending Chapter 11 of the City g P Y Ordinances Regarding g g Establishments to the November 9 1987 City Council 1 meeting. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the Cl and C1A Zones, noting this item was first read on September 14 1987 published in the City's official P t P Y newspaper on September 24, 1987, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 g p of the City rdinances to Allow y Certain Instructional Uses in the C1 and C1A Zones and inquired if there was anyone present who wished to speak at the public hearing. No one requested P p g q d to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the C1 and C1A Zones. The motion passed. ORDINANCE NO. 87 -14 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW CERTAIN INSTRUCTIONAL USES IN THE C1 AND C1A ZONES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Vacating Part of a Drainage and Utility Easement along the Northerly Lot Line of Lot 3, Block 3, Donnay's Brook Lyn Gardens Fourth Addition, noting this item was first read on September 1, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. 10 -26 -87 -7- The Director of Public Works presented a map showing the location of the easement, noting vacation will be of the northerly ten feet of the easement. He said the utility companies have no need to maintain the easement and neither does the City; therefore, the vacation is recommended. Councilmember Lhotka asked if this ordinance is a result of a request uest to build a house and the Director of Public Works responded affirmatively. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of a Drainage and Utility Easement and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Vacating Part of Drainage and Utility Easement. The motion passed unanimously. ORDINANCE NO. 87 -15 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF 9 DRAINAGE AND UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 3, BLOCK 3, DONNAYS BROOK LYN GARDENS 4TH ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 25 Changing the Name of County State Aid Highway No. 10 between Trunk Highway No. 100 and the West Corporate Limit to Bass Lake Road, noting this item is offered for a first reading this evening. He said the purpose of this ordinance is to clarify for the post office the official addresses along this roadway, and this will require official City action. The Director of Public Works said the first option is to rename the road from the western City limits to T.H. 100, and the second option is to rename the road across the City. Mayor Nyquist said he prefers the second option because it will help to identify the roadway from the freeway. The Director of Public Works pointed out there will still be a section between the freeway and the Mississippi River that will not be renamed. Councilmember Theis asked if all businesses along this roadway would have to change addresses, and the Director of Public Works said some would, but there would be a transition period to switch from three names for one street to one name for one street. Councilmember Theis asked what type of notification of the public hearing there will be, and the Director of Public Works said there will be notification of the proposed ordinance in the newspaper as required, and he also suggests notifying all the property owners abutting this roadway. Mayor Nyquist pointed out that most of the residential areas have addresses on the north -south streets. The Director of Public Works said the person who made this request recently moved to the City and had checked with the post office on the correct address. The post office gave three alternatives, and after the individual opened his office and used the address of Bass Lake Road, the post office would not deliver mail to him. The City Manager recommended sending notices to property owners in the area. Councilmember Scott said property owners must definitely be notified, and she has first -hand experience on what it 10 -26 -87 -8- is like to have a street name changed. Councilmember Lhotka suggested if this change does go through, the post office should be notified. The City Manager said the post office definitely will be notified. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for a first reading the second option of An Ordinance Amending Chapter 25 Changing the Name of County State Aid Highway No. 10 to Bass Lake Road and setting a public hearing date for November 23, 1987, at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 87025 SUBMITTED BY JOHN DITZLER REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO A LOT AND AN OUT LOT THE PARCEL OF LAND BETWEEN 701 AND 711 69TH AVENUE NORTH The City Manager said this item was recommended for approval by the Planning Commission at its October 15, 1987, meeting. The Director of Planning and Inspection referred the Mayor and City Council to pages three and four of the October 15, 1987, Planning Commission minutes and informational sheet attached with those minutes. He proceeded to review the application and the Planning Commission action, noting the Planning Commission held a public hearing on October 15, 1987, and recommended approval of the application subject to three conditions listed in the Planning Commission minutes. He said a public hearing is scheduled this evening and notices have been sent. Mayor Nyquist asked if the only access to the out lot is from 68th Avenue North, and the Director of Planning and Inspection responded affirmatively. Mayor Nyquist asked if the property were developed whether or not there would be an access to it. The Director of Planning and Inspection said this question would have to be addressed at a future date, and he reviewed possible alternatives for access to the neighborhood. orhood. M g a or Nyquist asked if the strip to the east of y Yq P the parcel is dedicated for a street, and the Director of Planning and Inspection said it is not, and it has a legal description. Mayor Nyquist asked if out lot A cannot be subdivided because there is no access to it, and the Director of Planning and Inspection confirmed this. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87025 submitted b John Ditzler requesting y stin q g preliminary plat approval to subdivide into a lot and an out lot the parcel of land between 701 and 711 69th Avenue North n e a d inquired d if there was anyone one q present who wished to speak at the public hearing. Mayor Nyquist recognized David Evanson of 2208 73rd Avenue North who stated his family owns some of the property in the area, and he has no objections to creation of an out lot for this parcel. He added this is one of the last areas in Brooklyn Center where a subdivision can be created, and he is willing to work with the City in furthering this goal. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 87025 submitted by John Ditzler. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87025 submitted by John Ditzler requesting preliminary plat approval to subdivide into a lot and an out lot the 10 -26 -87 -9- parcel of land between 701 and 711 69th Avenue North subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner shall enter into an agreement with the City prior to final plat approval that development of out lot A shall not proceed until plans for access, utilities, and drainage, and a subdivision agreement executed by the owner of the property, have been approved by the City. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 87012 SUBMITTED BY BILL KELLY HOUSE REQUESTING A SPECIAL USE PERMIT TO OPERATE A RESIDENTIAL TREATMENT FACILITY FOR MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS AT 5240 DREW AVENUE NORTH The City Manager said this item was originally considered by the Planning Commission at its July 16, 1987, meeting and tabled. It was also considered and tabled at the August 13, 1987, meeting. This item was recommended for denial by the Planning Commission at its September 3, 1987, meeting. A public hearing was opened at the September 14, 1987, City Council meeting, continued to the October 5, 1987, City Council meeting and also to this evening's meeting. The City Manager said the City Council asked staff to prepare documents to adopt an iterim ordinance establishing a moratorium on certain residential facilities, and these are before the City Council this evening. He added the City Council did pass a first reading of the moratorium ordinance at the last meeting, and a second reading on the moratorium ordinance will be held tonight, as well as the continuance of the public hearing on Planning Commission Application No. 87012. He pointed out the moratorium ordinance requires a majority (three votes in favor) for City Council passage of the ordinance. Finally, he said he received input from citizens and met with three representatives from the citizens group prior to this evening's meeting. Mayor Nyquist asked if the application is to be included in the moratorium, then should the Council pass the ordinance first, and the City Manager responded affirmatively. Councilmember Lhotka asked about the issue regarding additional staff people, and the City Manager said this request is included in the special use permit conditions drafted October 22, 1987. Councilmember Lhotka asked for clarification from a representative of the Bill Kelly House regarding the staffing issue. Mayor Nyquist recognized Susan Lentz, attorney with the Legal Aid Society of Minneapolis and representing the applicant. Ms. Lentz said the applicant, Mr. Norton, is willing to add staff and is comfortable with the language arrived at in the conditions. She added she felt it would be inappropriate to have anything stronger than "strongly recommend" on the staffing levels in the special use permit conditions. Mayor Nyquist recognized Martha Shipp from Hennepin County Health Division, who said she is supportive of additional staff; however, until the Hennepin County Board votes on funding, she cannot say definitely whether or not something will happen. en. Councilmember Lhotka pp asked if there is an y language other lan ua e to use other 10 -26 -87 -10- than "strongly recommends ", and the City Manager said it is difficult to use anything else because of the restrictions on the City's jurisdiction. Councilmember Lhotka said even though some of this may be outside of the realm of the City, he does not understand why stronger wording cannot be placed in the conditions if the applicant agrees to it. The City Attorney said the only precedent on this issue regarding staffing levels shows State regulation preempts any standards the City may set. Councilmember Lhotka pointed out if the applicant makes statements on how they will operate, then it would become a condition for approval. The City Attorney pointed out the legal justification for this condition is not the same as for all other conditions because some are not beyond City authority. He said there is precedent for the conclusion that the staffing area is outside of the City's jurisdiction. Councilmember Lhotka said he would like to be able to set conditions on required staffing levels dependent on availability of funding from the State and Hennepin County. Ms. Lentz said a condition could be that provided the County and State provide funding for two positions, there would be no objection to having two staff people. She added this is clearly outside of the City's jurisdiction. Councilmember Theis expressed concern over what can be done to have speedy approval of the conditions prepared and agreed upon by the applicant and City staff. If conditions are not agreed upon, he is not convinced City ordinances sufficiently address this type of housing and the ordinances maybe need revision. Councilmember Theis asked what conditions are necessary so the applicant will do what they say they will do. Ms. Lentz said the applicant has met with City staff and the City Attorney to discuss the conditions, and funding is beyond the control of the applicant. The conditions have been agreed to in good faith. Councilmember Theis asked when it will be known what fundin g is available, and Ms. Lentz responded it may be 45 days before the County acts on funding. She added the applicant is in agreement on all other conditions for the special use permit. Councilmember Lhotka left the table at 8:48 p.m. and returned at 8:50 p.m. Councilmember Theis noted the conditions have been agreed upon, and it is getting to the point where there are more concrete comments than earlier on, and a great deal of time has been spent on this application. He added the applicant feels some things are not enforceable by the City. The City Attorney said because of a court ruling, staff has recommended from the outset language regarding staffing levels to be "strongly recommended" because of the question of enforceability. He said all other conditions are likely to be enforceable, and they are more likely to be enforceable because of agreement of the applicant. He cannot guarantee if one of the conditions is violated by the applicant, that revocation could be enforced. He feels the conditions are realistic and reasonable because enforceability has been considered. Mayor Nyquist said he has doubts about enforceability of some of the conditions and asked what "significant current likelihood" refers to in condition 18a. Mayor Nyquist also pointed out throughout the conditions "intentionally cause harm" is mentioned, and he said his understanding is these people are not capable of forming intent. He asked for clarification of what "significant 10 -26 -87 -11- current likelihood" is. Ms. Lentz responded saying there has been a tendency to confuse those persons involved in the defense of insanity in criminal hearings with those getting treatment for mental illness. She said it would be erroneous to think Bill Kelly House residents could not be held responsible for intent, and added mental illness in the clinical sense does not mean suffering from insanity as it does in the criminal justice system. Ms. Lentz said the purpose is to keep clear the distinction between accidents and intentional incidents. There was some discussion over the meaning of the word "intent." Mayor Nyquist asked Ms. Lentz from.a legal standpoint if she would accept "any harm caused by other than accidents." Ms. Lentz said she does not think this is problematic. Councilmember Hawes asked for interpretation of "significant current likelihood" in condition No. 18a. Mayor Nyquist recognized Richard Ellis, Director of Bill Kelly House, who said there are many factors to consider. He gave an example of someone who has been part of family physical abuse, has been in treatment, but has not completed it. Councilmember Hawes asked what recourse the City has when the applicant says something is not significant. Ms. Lentz said a facility has legal obligations to protect other residents and will be careful about whom to accept and whom to keep because it could lose its license to operate if the residents are endangered by other residents. Councilmember Hawes asked about the legal obligations to the residents of the City and Ms. Lentz said the conditions are there to protect both groups of people. Councilmember Hawes expressed concern about having residents of the Bill Kelly House getting out to playgrounds and businesses in the community and striking out against citizens. He asked if the Bill Kelly House could be held responsible for these actions. Ms. Lentz said it is a legal question which depends on whether or not there is negligence by the Bill Kelly House. She said the Council has heard testimony that people with mental illness are not violent and there are mentally ill people in the community right now who are more likely to be dangerous to the community than the residents at the Bill Kelly House who are receiving treatment. Councilmember Hawes pointed out that mentally ill people in the community are spread out and there are not 23 of them in one location. Councilmember Theis asked if the liability insurance of the Bill Kelly House is strictly for acts of its staff or for residents of the Bill Kelly House. Ms. Lentz referenced an attachment which describes the insurance required to be maintained by the County contract. Councilmember Theis repeated the question to the City Attorney who said there could be acts by the residents of the Bill Kelly House that the Bill Kelly House would not be responsible for and would not have insurance coverage. Councilmember Theis asked if an insurance policy would cover the acts of the residents if the Bill Kelly House put a rider on the policy naming the residents of the house as additional insured. The City Attorney said he supposed the Bill Kelly House could purchase insurance for the residents, but he is not sure what it would include and most likely intentional acts would be excluded. Ms. Lentz said the population at the Bill Kelly House is a rou of disabled people g P p p and a slew of conditions should not be imposed on them which other residents of the community are not expected to have, such as the insurance requirements. 10 -26 -87 -12- I Mayor Nyquist then recognized Jill Sherritt, 5237 Drew Avenue North, who said she is here representing the neighborhood. Ms. Sherritt said the Bill Kelly House has a careful admissions policy; however, she has obtained a purchase of service agreement with the County and the State which says the residents have certain specified problems. In addition, in the period from July 1985 to June 1986, 62 clients were admitted and 75.8% failed to complete the program. The average number of days a resident stayed at the house was 72. From 1986 to 1987, 70% of the residents failed to complete the program. Ms. Sherritt asked where these clients are going and why so many are leaving. Ms. Sherritt referred to a recent report to the Minnesota Legislature that says such facilities as the Bill Kelly House do not have sufficient staffing. She referenced a University of Maryland report which noted these programs are new and not enough data is available on them. She emphasized there is not a good track record with such facilities. Ms. Sherritt raised the issue of property values and said the burden of proof is on the Bill Kelly House to show property values will not decrease. She noted there have been shabby surveys and reports submitted by the applicant which are not applicable to this facility. A study completed by the mental health law project says such facilities drastically affect property values. Mayor Nyquist cited a recent court case from Florida which evaluated property for the purpose of eminent domain. He said fears, even though they may be unreasonable, do affect property values. Ms. Sherritt noted the residents conditions for approval were overlooked by the Bill Kelly House. Councilmember Lhotka asked if the City Attorney had an opportunity to review these conditions, and Ms. Sherritt responded affirmatively, for at least all but three of them. Ms. Sherritt said she has fear the City will overlook the conditions and down the road additional residents will be admitted if the State allows an increased number of residents. She said the neighborhood does not feel comfortable with the staffing levels for evenings and weekends. Councilmember Hawes said he wishes to act on the moratorium because he has too many unanswered questions. Ms. Lentz said a great deal of time and effort has been spent on developing the conditions, and it would be unfair not to make a decision because this has been a long process. She said it would be a shame to hang a hat on the property value issue. In addition, she said she has not seen the conditions cited by Ms. Sherritt because they were not given to the applicant. Ms. Lentz said the City Council should keep in mind that at this point, the applicant may have to evaluate the moratorium as possibly being Y P Y g a denial of the application. Mayor Nyquist pointed out the study on property values submitted was for one year following the opening of a facility, and it was for mentally ill and not drug dependent residents. Ms. Lentz disagreed with the Mayor and said she feels property values will not be affected. A resident of 5142 France Avenue North said although the conditions would not allow the Bill Kelly House to admit anyone coming from the criminal justice system, it may happen that the State says the house would have to accept such residents in order to receive funding. As a result, the condition would not mean anything. Councilmember Lhotka pointed out the list of conditions has been agreed upon by the applicant, but the residents said the State could change things at any time. Councilmember Lhotka said although the State may change its requirements, the Bill Kelly House would have a special use permit in Brooklyn 10 -26 -87 -13- 4 Center for a certain number of residents. The resident read a State definition of mentally ill which says these people cannot manage themselves, which conflicts with what Ms. Lentz said earlier. Mayor Nyquist recognized a resident of 5130 Ewing Avenue North, who said Ms. Lentz said most people at the Bill Kelly House are not prone to violence. He asked what percentage are. Mr. Ellis pointed out the admission criteria does not allow for accepting violent persons. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community -Based Residential Facilities and Similar Uses within the City and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community -Based Residential Facilities and Similar Uses within the City. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 87012 submitted by Bill Kelly House requesting a special use permit to operate a residential treatment facility for mentally ill and chemically dependent adults at 5240 Drew Avenue North. The motion passed unanimously. Councilmember Theis asked what vote is required of the City Council for the passage of both the Planning Commission Application and the Ordinance. The City Attorney said three votes in favor of the moratorium ordinance are required and three votes in favor of the Planning Commission Application are required for passage. Councilmember Theis said with advice of the City Attorney on the method of handling this and the chances of success if the City Council were to deny the application, he feels the City would be doing the citizens of Brooklyn Center and the mentally ill persons who come into this area a disservice if the application is outrightly denied. In addition, if the moratorium does not succeed, the City may lose man o y y y f the conditions agreed to by the Bill Kelly House. As a result, Councilmember Theis said he encourages approval of the application with the conditions and not to include the Bill Kelly House in the moratorium. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Planning Commission Application No. 87012 submitted by Bill Kelly House requesting a special use permit to operate a residential treatment facility for mentally ill and chemically dependent adults at 5240 Drew Avenue North subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official and the State Building Codes Division with respect to applicable codes prior to the issuance of permits. 10 -26 -87 -14- 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. The site plan shall be amended to provide a 42 foot wide parking lot with at least seventeen - 90 degree parking stalls and be bounded by B612 curb and gutter. The site plan shall show all permanent recreational facilities or fixtures. 5. The premises shall continue to be licensed under the City Housing Maintenance and Occupancy Ordinance and shall be subject to the maintenance and occupancy provisions therein. 6. The permit is issued to the Applicant and is nontransferable. 7. The permit is subject to all applicable codes, ordinances and regulations, and an substantial violations which ich are not corrected in a reasonable period after notification shall be rounds g for revocation. ev cation. 8. The Applicant shall use its best efforts to notify tenants as early as is reasonably possible of the need to vacate the premises, but in no event shall such notice be given less than 30 days prior to the date of vacation. Applicant is encouraged to attempt to assist displaced tenants in locating replacement accommodations and making arrangements to move. 9. The City strongly recommends the additional staffing so that least two full -time equivalent staff ersons are on the remises during P p g the hours of 4 p.m. and midnight during weekdays and between the h ours of g g Y 8 a.m. and midnight on weekends to provide better supervision and protection of the residents of the facility. 10. The facility shall be subject to required or applicable health department licensure. 11. The special use permit shall be reviewed within one year of the date of issuance to examine the history, if any, of complaints or police actions relating to the facility. 12. Approval acknowledges the ability of the Applicant to provide up to 20 parking spaces on -site meeting he minimum g requirements of the Zoning Ordinance. The Applicant shall enter into an agreement with the City whereby the Applicant agrees to provide at least 20 parking spaces on- site upon a determination by the City that the parking spaces are needed. Said agreement shall be filed with the title to the property. 13. Any and all outside trash disposal facilities shall be appropriately screened from view. 10 -26 -87 -15- 14. The facility must be licensed by the State of Minnesota under Minnesota Rules Parts 9520.0500 to 9520.0690, as amended, for mentally ill adults and must continue to comply with all state and county rules and regulations. 15. The facility will not seek or obtain licensure from the Minnesota Department of Corrections. Persons who have been convicted of any of the following crimes within three years prior to applying for admission to the facility are to be excluded from the facility: a) Crimes involving violence or physical injury toward another person; b) Sexual abuse or assault; c) Arson or firesetting; d) Felony crimes of theft, burglary or robbery; e) Any violation of Minn. Stat. 1986, Section 152.09, Subdivision 1, clause (1), which is punishable as a felony. 16. No more than 23 residents may reside at the facility. 17. The facility shall be operated as a residential facility and not as an outpatient clinic. The facility shall be operated as a program offering treatment on a residential basis in accord with Department of Human Service licensure and except as appropriate thereunder, may not be used for outpatient treatment, counseling, evaluation, group or individual therapy. Visits for evaluation and ' PY introductory tours and Y all social visits are permitted without limitation, but there shall be on an annual basis an average per week total of no more than twelve counseling visits per week to the facility by former residents that involve the provision of therapy or counseling to those former residents. 18. Criteria for admission and discharge of facility residents must be consistent with Minnesota Rules, Parts 9520.0500 to 9520.0690 guidelines and, subject to those rules and any requirements imposed by Hennepin County, with the following admission and discharge policies of the facility: a) Persons who, in the professional judgment of the admission team, are deemed to pose a significant current likelihood of causing physical harm to themselves or others shall not be admitted. b) Persons who are determined to have intentionally caused physical harm to another resulting in tissue damage in the six months prior to consideration for admission may not be admitted. 10 -26 -87 -16- c) Applicants for admission to the facility must be screened, approved of and referred by appropriate county social service personnel. d) Applicants for admission to the facility must have a statement from an M.D. indicating evel of functioning regarding g g g medication administration. e) Any resident who has intentionally caused substantial physical harm to another resulting in tissue damage shall, subject to applicable legal requirements, be transferred from the facility. Y f) Persons with mental retardation (full scale IQ less than 70) are not within the scope of the facility's s licensure and may not Y y be admitted. All admission, Sion evaluation and discharge e o erations of g p the facility are subject to applicable pplicable le al requirements under g q the Minnesota Data Practices Act and other relevant regulations g ions and statutes. 19. Residents of the facility must have a rimar diagnosis P y g of mental illness and may have a secondary diagnosis of chemical dependency. Y g P Y 20. Applicant must have an approved services contract with Hennepin County applicable to this location before making physical alteration of the Site. 21. Opportunity will be afforded for neighborhood involvement in the facility advisory committee as set forth in Minnesota Rules Parts 9520.0500 to 9520.0690. 22. Liability insurance shall be maintained by the facility in accordance with state and county requirements. 23. The facility shall comply with Minn. Stat. 1986, Section 626.557, and other applicable statutes and regulations with respect to injured and missing residents and injury of others by residents. 24. An alarm system providing security for accessible entrances will be provided. Councilmember Lhotka asked the City Attorney if language more substantial than "strongly recommends" can be added to the 9th condition. The City Attorney suggested some language that would be contingent upon receiving adequate funding from the State and the County. After some brief discussion, Councilmember Lhotka suggested leaving the 9th condition as recommended by Councilmember Theis in his motion. Mayor Nyquist said he will oppose the motion because much of the discussion centers around the mentally ill, but in this case the applicant is dealing with mentally ill and chemically dependent persons. As a result, he would like time for obtaining better data. 10 -26 -87 -17- Upon vote being taken on the foregoing motion, the following voted in favor thereof: Councilmembers Lhotka, Theis, and Scott; the following voted against: Mayor Nyquist ist and Councilmember Hawes. y yq s. The motion passed. There was some discussion about the length of time the moratorium ordinance should be effective. The City Attorney said the ordinance, as it is currently written, provides for a six month period of a moratorium. It was recommended that the period of time be changed to twelve months. ORDINANCE NO. 87 -16 Member Celia Scott introduced the following ordinance and moved its adoption, with the exception of changing the term of the moratorium from six months to twelve months: INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT HALFWAY HOUSES, COMMUNITY -BASED RESIDENTIAL FACILITIES AND SIMILAR USES WITHIN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -201 Member Bill Hawes introduced the following resolution and moved i" adoption: RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO REGULATION OF ADULT HALFWAY HOUSES, COMMUNITY -BASED RESIDENTIAL FACILITIES AND SIMILAR FACILITIES AND PLACING A MORATORIUM ON THE DEVELOPMENT OF SUCH USES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. GAMBLING LICENSE - DUOOS BROTHERS AMERICAN LEGION The City Manager presented a gambling license application from Duoos Brothers American Legion Club, noting the police department recommendation for approval of this is favorable and the management of the facility has made progress in correcting any past problems. Mayor Nyquist said he is bothered by the hand holding of the police department to carry the Club through the process. The City Manager pointed out since the situation was last resolved there have not been many problems at the Club, and the police department has only had to make three visits there. Councilmember Theis asked if there would be another opportunity to review and /or revoke the gambling license when it comes up for renewal in 12 months, and the City Manager responded affirmatively. Mayor Nyquist asked if the Club's articles of incorporation and bylaws have changed from the last time around, and the City Manager said he is not sure. However, the police department reports the management is headed in the right direction in handling any problems. Mayor Nyquist asked who is on the legal committee for the Club, and the City Manager said he does not know. Mayor Nyquist recognized a representative from Duoos Brothers American Legion Club, 10 -26 -87 -18- who responded saying there is not a legal committee right now. Mayor Nyquist pointed out a legal committee is listed in the bylaws, and his comfort level is not very high with this application. Councilmember Lhotka said he does not have a tremendous problem going along with the application, as long as the applicants understand with the next infraction by the Club, the Club will not exist because there will be no liquor license for it. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the amblin license for D uoos Brothers American g g Legion. Mayor Nyquist requested a list of names of all committee members of the Club. Upon vote being taken on the foregoing motion, the motion passed with Mayor Nyquist opposed. There was a motion b Councilmember Theis y and seconded by Councilmember Lhotka to waive the waiting period for Duoos American Legion, and the motion passed with Mayor Nyquist abstaining. CLASS D LIQUOR LICENSE - LACASITA RESTAURANT There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve a class D liquor license for LaCasita Restaurant. Councilmember Lhotka asked for clarification of the class D license, and the City Manager noted it is the most expensive license. Upon vote being taken on the foregoing motion, the motion passed unanimously. PROCLAMATION DECLARING OCTOBER 27 1987 AS TIM LAUDNER DAY There was a motion by Councilmember Lhotka and seconded by Councilmember Scott Declaring October 27, 1987, as Tim Laudner Day. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:59 p.m. City Clerk Mayor 10 -26 -87 -19- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED FOR WATER QUALITY IMPROVEMENT PROJECT NO. 1986 -18 (FOR THE AREA BOUNDED BY 65TH AND 63RD AVENUE NORTH, WEST OF NOBLE AVENUE NORTH) WHEREAS, pursuant to the proposals for Improvement Project No. 1986 -18 accepted by the City of Brooklyn Center, Minnesota, Tri State Pump and Control, Hank Weidema Excavating, Davies Water Equipment, and Elk River Concrete have has satisfactorily completed the following improvement in accordance with said contract: WATER QUALITY IMPROVEMENT PROJECT NO. 1986 -18 (FOR THE AREA BOUNDED BY 65TH AND 63RD AVENUE NORTH, WEST OF NOBLE AVENUE NORTH) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract: Piping (Davies Water Equipment) $ 2,733.17 $ 2,870.05 Booster Pump (Tri State Pump and Control) 7,622.00 7,622.00 Manholes and Castings (Elk River Concrete) 1,268.00 900.00 Installation (Hank Weidema Excavating) $ 8,539.98 $ 8,539.98 $20,163.15 $19,932.03 2. The value of work performed is less than the original contract amount by $231.12 due to a general underestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractors' receipt in full. The total amount to be paid for said improvement under said contract shall be $19,932.03. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. !i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED_UNDER CONTRACT 1986 -Q (EARLE BROWN FARM STREETSCAPE, IMPROVENENT PROJECT NO. 1986 -21 PHASE III STREETSCAPE NODES) WHEREAS, pursuant to written Contract 1986 -Q signed with the City of Brooklyn Center, Minnesota, ARRIGONI BROTHERS COMPANY has satisfactorily completed the following improvement in accordance with said contract: EARLE BROWN FARM STREETSCAPE IMPROVEMENT PROJECT NO. 1986 -21, PHASE III STREETSCAPE NODES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $254,545.30 $245,256.40 Supplemental Agreement No.l 3.825.40 3.825.40 TOTAL $258,370.70 $249,081.80 2. The value of work performed is less than the original contract amount and approved supplemental agreement by $9,288.90 due to a general over estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be aid for said improvement p p ovement under said contract shall be $249,081.80. 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 B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 j� r TELEPHONE 561 -5440 C L j NTE EMERGENCY- POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: November 9, 1987 RE: Work Performed Under Contract 1986 -Q Earle Brown Farm Streetscape, Improvement Project No. 1986 -21, Phase III ,Streetscape Nodes Attached is a resolution accepting the work performed under Contract 1986 -Q, Earle Brown Farm Streetscape, Improvement Project No. 1986 -21, Phase III, Streetscape Nodes. This work completes all of the Streetscape Nodes except the node at the South intersection of Summit Drive and Earle Brown Drive. The node could not be included because the property owners were unwilling to dedicate an easement for an improvement that would in anyway obstruct the visibility of the Davanni's sign. Without right of way, this work was deleted. Supplemental Agreement No. 1 covered the cost of modifying the Perkins sign when its location conflicated with parking lot lighting and it also covered the cost of moving and reconstructing the Park Nicollet fence. Accordingly, I recommended that City Council adopt the attached resolution. .1 Re pest ly ted, Approved „for submittal, H. R. S'pu e Sy Knape City Eng'nee Director of Public Works HS /nl cc: File 1986 -Q ^ �Z J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2, AND ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -E ( BROOKDALE 16 INCH WATER MAIN, IMPROVEMENT PROJECT NO. 1987 -03) WHEREAS, pursuant to written Contract 1987 -E signed with the City of Brooklyn Center, Minnesota, 0 & P Contractors, has satisfactorily completed the following improvement in accordance with said contract: BROOKDALE 16 INCH WATER MAIN IMPROVEMENT PROJECT NO. 1987 -03 WHEREAS, the City Engineer has determined that certain modifications be made to the contract to compensate the contractor for expenses resulting from P g a suspension of work ordered by the City Engineer; and WHEREAS, the contractor, 0 & P Contracting, Inc., has agreed to the prices specified in Supplemental Agreement No. 2: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Supplemental Agreement No. 2 is hereby approved in the total amount of $35,500.22. 2. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $274,250.88 $255,155.27 Supplemental Agreement No.l 2,082.12 2,082.12 Supplemental Agreement No.2 35.500.22 35,500.22 TOTAL $311,833.22 $292,737.61 3. The value of work performed is less than the original contract amount and approved Supplemental Agreements by $19,095.61 due to a general over estimation of planned quantities. 4. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $292,737.61. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that: 1. There is appropriated the sum of $18,486.73 for the additional costs. 2. The appropriation will be financed by the Utility Fund. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote bein g 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 :17BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: November 9, 1987 RE: Approving Supplemental Agreement No. 2, and Accepting Work Contract 1987 -E, Improvement Project No. 1987 -03 Brookdale 16 Inch Water Main Attached is a resolution accepting the work performed under Contract 1987 -E, Brookdale 16 inch Water Main, Improvement Project No. 1987 -03. This project had two serious legal problems - a Temporary Restraining Order by the second low bidder and a work suspension required by the owner of the property crossed by the project. Supplemental Agreement No. 1 The second low bidder, Northdale Construction, Inc. requested and received a Temporary Restraining Order in District Court on March 26, 1987. The order was the result of the City waiving irregularities in the bid proposal of the low bidder. The court dissolved and vacated the order on April 8, 1987 and denied a temporary injunction related to the matter. While the court's action enabled the City to proceed to award the contract, the City's contractor then requested reimbursement for the costs of placing a rush order on the pipe, so the section of the project thru Centerbrook Golf Course could be completed without delaying construction of the golf course. That request was approved (Supplemental Agreement No. 1), and the City has filed a claim for damages against Northdale Construction for reimbursement of that amount. Supplemental Agreement No. 2 According to the developer of the Mainstreet site, time was critical because the work on the Mainstreet site had to be completed by June 1, 1987. In the first two weeks of March we thought we had concluded negotiations for the easement across the Mainstreet site. The easement dedication had been a condition of the Preliminary RLS approval January 26, 1987. The attorney for Mainstreet had forwarded the easement to the property owner, Equitable Real Estate Shopping Centers, L.P. 1+�t^�� "' rou ui uuoiu att ; ^' Approving Supplemental Agreement No. 2 November 9, 1987 Page Two During the months of February and March, Mainstreet's attorney, Ms. Mary Senkus, assured the City that Equitable had the easements and would soon execute them. We finally insisted that Mainstreet declare its intentions regarding the easement dedication. On April 3, 1987, we received the attached letter from Ms. Senkus and the April 2, 1987, letter from Equitable's attorney (copy attached) which stated that Equitable would grant the easement subject to only two conditions. The City immediately agreed to those requested changes and requested Ms. Senkus to process the easement with those changes included. After the initial notice of approval, I called Ms. Senkus at least twice weekly to get the status of the easement. The reports showed progress. First there were issues related to the Mainstreet lease that delayed the easement but by the last week of April, we were advised that the easement was with Equitable and would be in our hands soon. The first week of May we were advised that Equitable had approved the easement but the document could not be located in the New York office. On April 30, 1987, the City was advised that the Temporary Restraining Order had been dissolved. We immediately set May 4, 1987, as the dare of the Preconstruction Conference at which 0 & P was notified to proceed. This was 35 days after the contract was signed on March 30, 1987. On May 5, 1987, the City's contractor started work on the watermain. Given the fact that Mainstreet needed the work completed by June 1, 1987, it was necessary to start in order to complete the work on time. On May 5, 1987, the dewatering contractor installed the dewatering system on the Mainstreet site. On May 11, 1987, the pipe boring contractor set up a jacking pit on the Mainstreet (Equitable) property because that terminus of the T.H. 100 I crossing had a buried high voltage electric line to cross. At noon May 12, 1987, Equitable's property manager Chris Cummins advised the City hat the Cit y q P P y g y and its agents had commenced construction of a watermain before any right or easement has been agreed upon or granted. The City was first told to remove all equipment and personnel and that the City's trespass jeopardized the grant of the easement. After discussion of this matter with the property manager and Equitable's attorney, it was agreed that the City could leave the dewatering system and a "steam shovel" in place as long as the City ceased work, barricaded the construction area, and indemnified Equitable (copy attached). A Resumption of Work Order was issued to 0 & P Contracting at 7:00 A.M., June 3, 1987, (copy attached). Approving Supplemental Agreement No. 2 November 9, 1987 Page Three During the period of time the contractor was - shut down, the contractor incurred costs that were above the normal contract costs. Those costs are listed below: 1. Mobilization and Demobilization cost for the boring equipment which amounted to 4 lost days. The daily rental rate for that equipment is $2,816.44 according to the following breakdown. A. Dragline, Link Belt LS98 $ 500.04 B. 42" Boring Machine 1,431.00 C. Casing Attachment & Saddle 194.00 D. Multipurpose Head 144.40 E. Auger - 19 pieces 524.40 F. Storage Trailer 12.56 G. Flashers & Fence 10.00 Total Daily Cost $ 2,816.40 4 days 11,265.60 10% 0 & P Administration 1.126.56 Total for boring shut down $12,392.16 2. Maintain dewatering system for three weeks to protect existing work. The weekly rental rate for operating equipment is $4,902.45 according to the following breakdown: A. Generators and Maintenance $ 1,557.33 B. Pumps 1,225.00 C. Fuel 1,000.12 D. 4" & 8" Discharge Pipe (200 ft) 1.120.00 Total Weekly Cost $ 4,902.45 3 weeks 14,707.35 10% 0 &P Administration 1.470.71 Total for Dewatering $16,178.06 3. Demobilize and Mobilize pipe laying crew required 6 days of standby on pipe laying equipment. The daily rate for the equipment was $1,050.00 according to the following breakdown: A. Link Belt 5400 Excavation $ 600.00 B. Cat 950 Loader 250.00 C. Daygo Compactor 200.00 Total Daily Cost $ 1,050.00 6 Days 6,300.00 10% 0 &P Administration 630.00 Total for Pipe Laying Crew $ 6,930.00 TOTAL SHUT DOWN COST $35,500.22 Accordingly, Supplemental Agreement No. 2 has been prepared for approval. Approving Supplemental Agreement No. 2 November 9, 1987 Page Four Overall Proiect Completion: There were a number of quantity reductions in the project because some of the anticipated restoration at the golf course and the Mainstreet site was not required. This saved $10,430.00 in restoration costs. We found more stable conditions at the golf course than anticipated and saved $4,997.00 in soil correction costs. The balance of quantity changes were related to pipe, fittings and appurtenances. Those changes saved $3,668.61 in contract costs. Summary and Recommendations: Our conclusion is that the claim covered by Supplemental Agreement No. 2 is justified and is recommended for approval. It is therefor recommended that City Council adopt the attached resolution approving Supplemental Agreement No. 2 and accepting work performed under Contract 1987 -E. Res ectfully submitted, Approved for submittal, � f f .R. S rrier SyK/happ City Q-neer Director of Public Works HS/n1 cc: 1987 -E Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -J ( PALMER LAKE TRAIL EAST, IMPROVEMENT PROJECT NO 1987 -12) WHEREAS, pursuant to written Contract 1987 -J signed with the City of Brooklyn Center, Minnesota, IDEAL PAVING, has satisfactorily completed the following improvement in accordance with said contract: PALMER LAKE TRAIL EAST IMPROVEMENT PROJECT 1987 -J NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $44,690.00 $46,741.80 Supplemental Agreement No.l 2,250.00 2,250.00 TOTAL $46,940.00 $48,991.80 2. The value of work performed is more than the original contract amount by $2,051.80 due to a general under estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $48,991.80. 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 13 M BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 j� TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: November 9, 1987 RE: Work Perfommed under Contract 1987 -J Palmer Lake Trail East Improvement Project No. 1987 -12 Attached is a resolution accepting the work performed under Contract 1987 -J, the Palmer Lake Trail East, Improvement Project 1987 -12. Supplemental Agreement No. 1 covers the cost of top soil and seeding used along the entire length of the trail. This restoration work was not included in the original contract. The balance of the increase is due to an under estimation of trail quantities, due in part to the fact that quantities were established from aerial phtographs. It is therefore recommended that City Council adopt the attached resolution. Re pe, tfully submitted, Approved for submittal, Sp crier Sy � DV City En ineer Director of Public Works HS/n1 cc: File 1987 -J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -K (DALLAS ROAD RECONSTRUCTION STREET, IMPROVEMENT PROJECT NO. 1985 -12) WHEREAS, pursuant to written Contract 1987 -K signed with the City of Brooklyn Center, Minnesota, VALLEY PAVING, INC. has satisfactorily completed the following improvement in accordance with said contract: DALLAS ROAD RECONSTRUCTION IMPROVEMENT PROJECT NO. 1985 -12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $53,773.81 $58,685.66 2. The value of work performed is more than the original contract amount by $4,911.85 due to a general under estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $58,685.66. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKL YN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer ineer DATE: November 9, 1987 RE: Work Performed Under Contract 1987 -K Dallas Road Reconstruction Improvement Project No. 1985 -12 Attached is a resolution accepting the work performed under Contract 1987 -K, Dallas Road Reconstruction, Phase III, Street Improvement Project No. 1985 -12. This work completes the repair of the Dallas Road pavement which failed soon after original construction due to a combination of poor soil and ground water. The final quantities overran the planned quantities because the pavement removal units were incorrect and because additional bituminous was required. The additional bituminous was required when a 480 foot strip of pavement could not be salvaged as planned. It is therefore recommended that City Council adopt the attached resolution. Re$pectfully submitted, Approved for submittal, ` %r . Sp rier Sy F. nK `app City Engi eer Director of Public Works HS/n1 cc: File 1987 -K NU ill WMA (M L� fi Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -L (CAMDEN AVENUE SIDEWALK IMPROVEMENT PROJECT NO 1987 -10 WHEREAS, pursuant to written Contract 1987 -L signed with the City of Brooklyn Center, Minnesota, THOMAS & SONS CONSTRUCTION, INC. has satisfactorily completed the following improvement in accordance with said contract: CAMDEN AVENUE SIDEWALK IMPROVEMENT PROJECT NO. 1987 -10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $47,958.05 $44,559.35 Change Order No. 1 (7,100.00) (7,100.00) TOTAL $40,858.05 $37,459.35 2. The value of work erformed is less than the original contract P amount and approved change order by $3,398.70 due to a general over estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $37,459.35. 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 B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER R EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: November 9, 1987 RE: Work Performed Under Contract 1987 -L Camden Avenue Sidewalk Improvement Project No. 1987 -10 Attached is a resolution accepting the work performed under Contract 1987 -L, Camden Avenue Sidewalk, 53rd to 55th Avenue North. Change Order No. 1 modified the concrete aprons from all concrete to replacement in kind (concrete with concrete, bituminous with bituminous). A general over estimation of quantities accounted for the balance of the difference. It is therefore recommended that City Council adopt the attached resolution. n jRe p r- fully submitted, Approved for submittal, 1 � � ' s f Sp rrier Sy Kn -pp City E ineer Director of Public Works HS /nl cc: File 1987 -L "r rou u1 -uueiu an : �+ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S REPORT REGARDING REHABILITATION OF WELLHOUSE NO. 5 AND 6 (IMPROVEMENT PROJECT NO. 1987 -20) AND ACCEPTING PROPOSAL FOR ARCHITECTURAL SERVICES RELATING TO THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS AND CONSTRUCTION SUPERVISION OF PROJECT WHEREAS, pursuant to Resolution No. 87 -153, the firm of Roger Johnson - Richard Smith Architects, Inc. has conducted a detailed survey and evaluation of the physical conditions of Wellhouses No. 5 and No. 6 and has submitted a report in which they recommend that certain corrections be made; and WHEREAS, the Director of Public Works has recommended, and the City Council concurs that the corrections described as "Alternate A" for Wellhouse No. 5 should be made; and that the corrections described as "Alternate A -2" for wellhouse No. 6 should be made; and WHEREAS, Roger Johnson - Richard Smith Architects, Inc. has submitted a proposal to provide architectural services relating to the preparation of construction plans and specifications and for furnishing construction supervision for the proposed improvements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The report prepared by Roger Johnson - Richard Smith Architects, Inc., dated October 19, 1987 is hereby accepted. 2 The Cit y y PP Council hereby approves the selection of Alternate A for repairs to Wellhouse No. 5 and the selection of "Alternate A -2" for repairs to Wellhouse No. 6. 3. The proposal submitted by Roger Johnson - Richard Smith Architects, Inc. to provide architectural services relating to the preparation of construction plans and specifications and for furnishing construction supervision for the proposed improvements is hereby accepted. The Mayor and City Manager are hereby authorized and directed to execute an agreement for those services on behalf of the City of Brooklyn Center. RESOLUTION NO. 4. The estimated cost for these architectural services are as follows: Preparation of plans and specifications, bidding services including a pre -bid conference, drafting of construction contracts, processing of pay requests, conducting a preconstruction conference, one on -site inspection and progress report, and a final inspection and report at a lump sum amount = $6,400.00 Additional on -site inspections, only as authorized by the Director of Public Works ...(on an hourly basis) Printing, binding, mailing, etc. (at cost x 1.10) All such costs shall be paid from the Public Utility Fund. 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 B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE- FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 9, 1987 RE: Rehabilitation of Wellhouses 5 and 6 (Project 1987 -20) In accordance with authorization granted by the City Council on September 1, 1987, the architectural firm of Roger Johnson - Richard Smith Architects, Inc. has conducted a detailed survey and evaluation, and has submitted a report (copy attached) in which they recommend that corrections be made, and provide cost estimates for this work. At our request, the architects have considered two alternatives relating to Wellhouse No. 5 and three alternatives relating to Wellhouse No. 6. These alternatives, and the architect's cost estimate for each are summarized as follows: Wellhouse No. 5 (located at 70th Avenue and Camden Avenue) Alternate Description Cost Estimate A Repair existing structure retaining existing roof profiles $ 9,600.00 B Replace entire roof structure with new roof configuration $10,800.00 ""' 1961 WUA[PIU QfT -~ Rehabilitation of Wellhouse 5 and 6 November 9, 1987 Page two Wellhouse No. 6 Alternate Description Cost Estimate A Repair existing structure, retaining existing roof profile, "as is" or with some modification * $34,200.00 B Replace entire roof structure with new roof configuration, (while retaining the existing configuration of the balance of this building) $33,700.00 C Replace entire roof structure with a new roof configuration while removing the garage portion of the building $35,800.00 * Note: In the attached memo dated November 2, 1987, the architect clarifies his intention that those portions of the "flat roof structures" that are retained would actually be "terraced" so as to avoid any areas where the water would stand on the roof. Recommendations: After staff review at this report, it is our recommendation that we proceed with this » project, using Alternate A for Wellhouse No. 5 and Alternate A -2 (see Plate No. 4 of the architects' report) for Wellhouse No. 6. Accordingly, we have requested the architects to submit a proposal to prepare construction plans and specifications, and to provide construction supervision for this project. A copy of their proposal is attached. Emergency repairs have been made to those portions of the roof on Wellhouse No. 6 which failed in August of this year. This will allow the architect adequate time for proper development of the construction plans and specifications, and will allow the City to receive bids in late winter or early spring, (which is the time of year when contractors are normally most competitive) and to complete the project during the summer of 1988. The attached resolution accepting the report and accepting the architect's proposal is recommended for consideration by the City Council. Respec` full submitted, t S K`� Y n PPS Director of Public Works cc: File 1987 -20 ROGER JOHNSON — RICHARD SMITH ARCHITECTS INC. 219 NORTH SECOND STREET / MINNEAPOLIS, MINNESOTA 55401 / 612- 338 -4241 November 2, 1987 Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Brooklyn Center Wellhouses No. 5 and 6 Dear Mr. Knapp: This will clarify the comments in our report dated October 19, 1987 regarding flat roofs which we discussed in our telephone conversation last week. The reference to flat roofs should have read flat roof structure. It would be our intention to provide either a terraced or sloping roof surface through varying thicknesses of insulation over a flat roof structure for positive drainage to the roof scuppers and to avoid any areas where water would stand on the roof. We have found that both systems work well. On a small roof area such as this project, the terraced roof would most likely be the most economical. Sincere , Richard H. Smith RHS:ltl ROGER JOHNSON - RICHARD SMITH ARCHITECTS INC. 219 NORTH SECOND STREET / MINNEAPOLIS, MINNESOTA 55401 / 612- 338 -4241 November 3, 1987 Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Architectural /Engineering Services Wellhouses No. 5 and 6 Dear Mr. Knapp: In response to your telephone call of October 27, 1987, we are pleased to submit the following proposal for the final design, contract documents, bidding and construction stage services for the repair of Wellhouses No. 5 and 6. The scope of the work as discussed and as covered by this proposal will include the following: - Complete bid documents and specifications for competitive bidding based on proposals A and D of our report dated October 19, 1987. These proposals are based on retaining and repairing the existing roof structures. - Bidding services including Addenda and pre -bid meeting at the site. - Drafting of construction contracts. - Processing of pay requests. - Pre - construction meeting at site. - One site visit and construction report at three hours. - Final review and punch list. We would propose to do this work on a lump sum basis for the fee of $6,400.00. This fee includes the additional time requested for a pre -bid and pre- construction conference. These are unusual for a project of this size but may be necessary due to the complexity of the project. We would propose to handle the printing and mailing as a reimbursable at the rate listed below rather than to attempt to estimate this cost. Additional trips to the site authorized by the City's representative or work beyond the scope discribed above would be billed on an hourly basis. Hourly rates would be the same as those used for the preliminary studies which are: Principals $75.00 Draftsmen $38.00 Clerical $32.00 Consultants Direct Cost Reimbursables (printing, binding, postage, etc.) Cost x 1.10 Mr. Sy Knapp City of Brooklyn Center Comm No. 8719 Page 2 We again thank you for the opportunity to submit this proposal. We are in a position to start work on the contract documents immediately. We shall await your response to the above. sincere , Richard H. Smith RHS:ltl - v DEFICIENCY REPORT AND RECOMMENDATIONS FOR CORRECTION WELLHOUSES 5 AND 6 .BROOKLYN CENTER, MINNESOTA i OCTOBER 19, 1987 PREPARED BY JOHNSON - SMITH ARCHITECTS INC. 219 NORTH SECOND STREET MINNEAPOLIS, MINNESOTA 55401 612 - 338 - 4241 i ROGER JOHNSON — RICHARD SMITH ARCHITECTS INC. 219 NORTH SECOND STREET / MINNEAPOLIS, MINNESOTA 55401 / 612.338 -4241 Deficiency Report October 19, 1987 Wellhouses 6 and 5 Brooklyn Center, Minnesota The purpose of this report is to identify deficiencies and make recommendations for corrections on Wellhouses 6 and 5 in the City of Brooklyn Center. A set of the original project drawings prepared by Community Planning & Design Associates, Inc., sheets numbered 1 through 5, la, 2a, 3a, M -E1 and M -E2 were available for use in preparation of this report. A project specification was not available and it is not known if one exists. A visit was made to the sites on Friday, September 25, 1987 to review conditions. Prior to this visit, 8 1/2" x 11" isometric drawings of each building were provided to the City with areas indicated where openings were needed to inspect the structure and construction. Copies of these drawings labeled Plate No. 1 and Plate No. 2 are attached and referenced in the report. Specific comments will make reference to areas noted on these drawings. Openings were made by the City staff prior to the visit. Mark Reinking, a City water department employee was available at the site to provide access to the spaces desired. This report consists of four parts - Deficiencies, Evaluations, Cost E stimates n a d Recommendations. Each building u ig n will be addresssed separately within each part. PART I - DEFICIENCIES WELLHOUSE NO. 6 Wellhouse No. 6, located at the corner of 69th Avenue and Fremont Avenue, is the larger of the two structures. It contains a chemical room, a pump room, an office (now used for storage), a two stall garage, a small toilet room and a wide hallway formerly containing lockers. The building contains 1935 square feet. The chemical room has an outside entrance with no interior connection to the rest of the building. The balance of the building has entrances into the office area and the pump room. The building construction consists of the following components: - Concrete slab on grade - no floor finishes. - Concrete block walls (interior and exterior) on concrete block foundations and reinforced concrete spread footings. Interior surfaces are painted. Exterior is covered with vertical redwood siding on 3/4" furring strips. Walls are not insulated. - Side walls at the sloped roof areas are wood stud construction with Medium Density Overlay plywood on the exterior and 5/8" gypsum wallboard on the interior with a paint finish. The M.D.O. plywood i j is both the sheathing and exterior finish material. Building paper indicated on the drawings to be installed behind the plywood was not present at any of the test holes. A vapor barrier and 3 1/2" unfaced fiberglass insulation were noted in the wall. Roof Construction - Flat roofs - 2 x 8 wood joists with plywood sheathing and built up roofing. Interiors are 5/8" gypsum wallboard painted. A vapor r barrier is present behind the gypsum wallboard and the joist space has 6" unfaced fiberglass insulation. - Sloped roofs - 2 x 8 rafters with plywood sheathing and asphalt shingles. Interior surface is 5/8" gypsum wallboard painted with a vapor barrier and 6" unfaced fiberglass insulation in the rafter space. - The roof structure is quite complex consisting of flat roof areas, sloped roof areas sloping to the exterior and a pair of sloped roofs draining to an interior valley. (The latter roof area will be referred to as a butterfly roof in this report.) - Exterior doors are wood. Door frames are wood with the exception of the Chemical Room door frame which is hollow metal. - Garage doors are flush wood with hardboard faces. - Windows have insulating glass in wood frames. Clerestory windows are fixed and low windows are casements. The building is undergoing deterioration in the form of peeling siding on the high sidewall areas, damaged gypsum wallboard, deteriorated plywood roof sheathing, etc. Many of these items can be attributed - directly to condensation or leakage. Other items noted are more likely the result of natural aging and wear or causes unrelated to moisture. Specific items are as follows: A. Exterior 1. Exterior siding is in reasonably good condition. There is some weathering and splitting and a few open joints. The redwood material is a high quality finish and only minor repair work would be necessary to make it serviceable for an extended period. 2. M.D.O. plywood fascias and soffits are spalling, generally in poor - condition and in need of replacement. 3. Nearly all windows in the building are cracked or broken. Glass on the interior lite of the chemical room is etched from chemical action and is no longer transparent. Some windows have been covered with plywood on the exterior and interior. Clerestory windows in the pump room which face south contribute to heat build up and overload the air conditioning in the summer. 4. Entrance doors to the main structure are deteriorating and have wood strips attached to the bottom to cover holes or deterioration. The door to the chemical room is in better condition. Wood door frames are gouged and worn but generally serviceable. The hollow metal frame at the chemical room has some rust but could be cleaned and repainted. 3 S A� l 5. Sidewalls at the high roof area are severely deteriorated with spalling surfaces and delamination. Plywood is weakened and unsound and in need of replacement. Below the clerestory windows in the Chlorine Room at the north wall the M.D.O. plywood is completely rotted. Circle vents have been added in a number of areas in the side walls to attempt to relieve moisture. 6. Flat roof areas have no slope, have a low gravel stop and one scupper on each roof. Debris on the roof indicates that the water stands on the roof after a rain. The flat roof at the west end has a large hatch for pulling the well casing. Flashing at sidewalls is 4 1/2" high which places the bottom of M.D.O. plywood very close to the wet roof surface. Flat roof areas appear solid and do not bounce. Metal flashing is in good condition for its age. Base flashing at the juncture with high sidewalls is bubbled for its entire length and is dry and brittle. No open joints were noted. 7. West flat roof has a patch approximately 2' x 4' where plywood was nailed over an area where the roof caved in. Plywood is sealed with roofing cement but is not roofed over. Patch is located just south of the centerline of the roof adjacent to the high sidewall. It was reported that the cave -in occurred during heavy summer rains when water built up along the high sidewall. Condition was checked b from the interior and revealed a hole 16 " wide y 24" long where the 1 wood roof sheathing is completely deteriorated and p Y g crumbling. This deterioration is the result of long term, continuous wetting and it is expected that the deterioration could extend some distance beyond the hole although no "soft" spots were detected on the roof around the patch. The top edge of joists in this area appeared to have some deterioration which if continued would affect their strength. 8. Sloped roof areas are very springy and bounce noticeably when walked on. Shingles are worn and cupped and in need of replacement. - 9. The saddle noted on the drawings to drain water from the butterfly roof valley is almost non-existent and no more that 1" - 1 1/2" high. Built up roofing in this valley extends up sloped roofs and under shingles. This roofing has a bubble with a crack in the north slope which can admit water to the interior. 10. The clerestory window head was not constructed as detailed. The continuous screen vent was omitted and circle vents installed at each rafter space. Additional circle vents were installed in the Nall below windows. These appear to have been added at a later date. 11. Circle vents have been added in the sidewalls of the butterfly roof on the east face. 12. Metal roof edge flashing on the shingle roof laps over the top of the shingles rather than the shingles lapping over the flashing. This condition was not detailed. The condition as installed would permit driving rain to run under flashing and into wall areas below. i g � r i 13. Sloped roof over p garage which drains to the north terminates in a built in gutter. The gutter is lined with sheet metal and no deterioration was noted. Gutters of this type tend to freeze up and resultant ice dams can cause water to back up under shingles. 14. Screen walls are located at the north wall in line with the north face of the chemical room and at the southwest corner in line with the west face of the pump room. Posts supporting the screen wall are rotted off at grade and steel posts have been added to support the end not attached to the building. The reporter was advised that the screen walls have been a problem as they obstruct vision from the street. This has lead to vandalism and other problems. B. Interior 1. Interior concrete block surfaces are generally in good repair. Some minor cracking was noted but very little repair is needed except for specific items noted below. 2. Gypsum wallboard surfaces on ceiling and at interior face of high sidewalls at sloped roofs have areas of deterioration. These are primarily at junctures of walls and ceilings, around windows, and at junctures of sloped roofs and flat roofs. 3. Test Hole A (Plate No. 1) - Evidence of water infiltration or high humidity. - No evidence of deterioration of joists or plywood deck. - Building paper behind M.D.O. plywood is missing. - Joist header is badly stained. - Interior face of M.D.O. plywood stained. - Top end (1' -4 ") of joist is stained. Joist headers have 1 +/- diameter holes drilled through the header. No light was visible and it could not be determined if the interior holes aligned with the exterior circle vents. 4. Window frame at clerestory windows in chemical room are deteriorated at corners and at sill. Damage appears to be from standing water from condensation from glass. 5. Test Hole B (Plate No. 1) - Water streak stains on ceiling extend to ceiling wall juncture and continue down wall. - Joists and insulation are dry. - Sheathing nails which missed joists are totally rusted. - Joist space completely filled with insulation - no vent space. Construction allows 5 3/4" space over top of wall for 6" insulation. - - Detail required complex cut of rafter end at bearing plate so rafters lap plate, permitting gypsum wallboard ceiling to meet C.B. wall without exposed plate. GWB does not have an edge bead and is calked to concrete block wall. - Chemical lines run between pump room and chemical room over top of C. B. wall between rafters. 6. Test Hole C (Plate No. 1) - No deterioration of joists or plywood deck. - No sign of moisture such as rusted nails or joist hangers. i - Insulation in wall area below top plate is wet. - Interior face of M.D.O. plywood is wet below top plate. - Building paper indicated on the drawings was not installed behind M.D.O. plywood. - Joist headers have 1" +/- diameter holes drilled through the header. No light was visible and it could not be determined if the interior holes aligned with the exterior circle vents. 7. Juncture of flat roof to butterfly roof at area where roof deck collapsed. (Plate No. 1) - Joists are spaced 5 1/4" apart. - Plate for vertical side wall is resting on one joist as deteriorated plywood in area does not transfer any load to the adjacent joist. - Plywood roof deck is totally disintegrated. - Some deterioration of joists. Additional stripping of roof will be necessary to determine if joists are sound or must be replaced. - Gypsum wallboard in area of leak is badly damaged. 8. Test Hole D (Plate No. 1) - Vertical wall does not rest on top of double 2 x 14 beam as detailed (9/3). Bottom plate aligns with bottom of double 2 x 14. Support of wall is questionable but no settlement was noted. - GWB joint is deteriorated and failing the entire width of the II� room. - The bottom half of the wall plate is water stained. - Insulation in flat roof joist area is damp. - Plywood deck on flat roof area is wet and delaminating. - No building paper on interior face of M.D.O. plywood. 9. Test Hole E (Plate No. 1) - 8" joist with 1/2" plywood deck above, 6" unfaced fiberglas insulation, vapor barrier, and 5/8" gypsum wallboard. - No signs of moisture, staining or deterioration. - No rust on steel beam. - Blocking over beam is solid without cutouts for ventilation. Openings for ventilation were called for on drawings (10/3). 10. Test Hole F (Plate No. 1) - Plate at top of wall is 3/4" and does not appear to be treated. - 3/8" diameter anchor bolt does not have washer or nut to anchor plate down. - Insulation, plywood and joists are dry. - Some staining on joists from rusted nails. - No vent to exterior in joist space as detailed (17/5). 11. Floor slabs in the building are generally in good condition except for conditions noted below. Settlement of the slab is occurring along the south wall of the office, the south wall of the corridor at the south side of the garage and at the toilet. Settlement is located in the area of the underfloor duct and is up to 1 1/2 ". This settlement is most likely due to improper compaction around the under floor duct. The sidewall register in the west wall of the toilet has dropped with the slab leaving a void at the top of �, the register of 1/2" ( +/ -), 12. The floor slab in the garage is settled along the south and west walls. Concrete steps between the garage and office (west wall and southwest corner) have voids between the steps and the slab. 13. There are cracks in the concrete block on the east wall of the garage. The worst cracking is near the north end and extends from the floor to a height of approximately 6'. Cracks generally follow mortar lines. Some other minor cracking was noted but areas near the floor were generally unaccessible due to stored materials. 14. The Office, toilet and pump room are heated and air conditioned by a Bryant, down -feed, forced -air furnace which is located in the southwest corner of the hallway south of the garage. All ductwork is located under floor. The Chemical Room has a separate unit heater. 15. The structural systems have been reviewed with the following noted: a. The 6 WF 15.5 beam which supports the juncture between the flat and sloped roof area over the office (Detail 10/3) is marginally adequate. This beam could deflect under loads and could result in some spring in the roof. b. The double 2 x 14 beam below the clerestory wall in the office does not check out for the imposed loads. If adequately tied to the double 2 x 12 at the top of the clerestory windows the coupled action would check out. It is questionable if these beams are adequately joined as the condition at the double 2 x 14 is not constructed as detailed. c. The snow drift load on the flat roof north of the clerestory, which was not a requirement at the time the building was constructed, would overstress the double 2 x 14 . d. Framing at the roof hatch is marginal and some deflection could be expected under loads. e. The balance of the joists in the structure are adequately sized. The springy condition noted in the sloped roof areas is not a concern and could be due to beam deflection and not the rafters. WELLHOUSE NO. 5 Wellhouse No. 5 is located at the corner of 70th Avenue and Camden ' Avenue. The location is at the southeast corner of Evergreen Park. The building encompasses 608 square feet. It is indentical to the pump room and chemical room of Wellhouse No. 6 but does not have the office area or the garage. Both rooms have direct entrances from the exterior. Construction materials are identical to those used in Wellhouse No. 6. The roof is divided into four quadrants with the northwest and southwest corners being flat and the northeast and southwest quadrants having shed roofs sloping to the east and west respectively. The southeast flat roof area has a large hatch for pulling the well casing. The building is generally in better condition than building No. 6, but ( has isolated areas of deterioration. t A. Exterior 1. Exterior siding is generally in poor condition. There is a considerable amount of damage near grade with ends of boards cracked, or broken. Several louvers in the west wall have been covered with sheet metal. 2. The wood door and frame at the pump room and the wood door and hollow metal frame at the chemical room are all deteriorated and in need of replacement. 3. Screen walls at the north and south entrances have posts rotted off and are supported by steel fence posts. Screen walls should be removed and rebuilt. 4. Exterior concrete stoops are cracked and settled. The north stoop slopes toward the building. Both stoops should be replaced. 5. The sloped roof areas have asphalt shingles. Original details were identical to those on Wellhouse No. 6 with built in gutters and metal rake edge flashing which laps over the shingles. The latter condition has been modified due to a reshingling which covered the rake flashing. A number of shingles have broken tabs. 6. The flat roof area shows signs of poor drainage. Water appears to stand against the vertical wall at the clerestory windows. 7. All windows on the building have been blocked up with plywood. 8. The sloped roof areas on this building appear to be solid while flat roof areas are springy. This is the opposite of roofs on building #6. 9. M.D.O. plywood does not have spalling to the extent noted on Wellhouse No. 6 but is in early to mid -stage of deterioration. The exception is the area below the blocked up clerestory window at the south end where M.D.O. plywood is totally deteriorated and can be picked apart with ease. ! 10. The addition of structural members to strengthen the flat roof area is needed to accommodate drift loading not included in the original ii design. B. Interior 1. In the pump room, plywood has been installed over the gypsum wallboard ceiling and painted. It is assumed that the plywood was installed due to deterioration of the wallboard. This plywood has increased the dead load on the flat roof areas which are already slightly under - designed due to the drift loading condition. 2. It was reported that roof leaks have occurred in the area around the roof hatch. 3. Inspection holes were checked. At test holes A, D, E and C, Plate No. 2, the plywood roof sheathing and joists were in good condition with no sign of deterioration. Nails, where visible are rusted. At all locations, the 3/8" anchor bolt for the joist bearing plate is rusted and the washer and nut are missing. (Similar conditions noted in Wellhouse No. 6). Insulation was dry. Some deterioration of wallboard was noted. All joists are 2 x 8. 4. The juncture of the flat roof area to the vertical clerestory wall, Plate No. 2, Condition C, is not constructed as detailed. There is a 3 3 a double 2 x 12 beam which supports the 2 x 8 joists on joists hangers. A 2 x 8 rests vertically on the 2 x 12 nearest the exterior face of the wall. There is a horizontal 2 x 4 member several inches above the 2 x 8. Exterior siding visible between the vertical 2 x 8 and the horizontal 2 x 4 is rotted and daylight is visible through it. The clerestory wall sill plate does not have any visible means of support. Gypsum wallboard in this area is deteriorated and insulation is wet. 5. At test hole B, Plate No. 2, all structural members were dry, insulation was dry and gypsum wallboard showed only minor signs of deterioration. SUMMARY The majority of the deficiencies noted above can be attributed to condensation problems. These problems are primarily the result of a lack of ventilation in the joist space above the insulation. In many cases this is a result of the original design which has a very complex roof structure with a number of areas where special precautions in construction were required. In many cases these areas were not constructed as detailed, compounding the problems inherent in the design. Secondary deterioration and damage has resulted from water intrusion from the exterior. This intrusion most likely occurred more recently and is a result of deterioration of the materials from condensation to a point where they can no longer perform their original purpose. 3 3 F PART II - EVALUATIONS The Architects were requested to evaluate three possiblities• for the repairs and restoration of Wellhouses 6 and 5. These are as follows: a. Repair of the roof structure retaining the existing design. b. Removal of the original roof structure and replacement with a new design and all new materials. c. Removal of the original roof structure and garage. Installation of a roof with a new design and new materials. Wellhouse No. 6 A. Repair of the existing structure. The investigation of the structures indicates that the existing structural members are sound and serviceable. The buildings original designs could be retained and the structures made serviceable for an extended period. The following measures should be undertaken under this proposal: 1. Remove all interior gypsum wallboard ceilings, vapor barriers and blanket insulation. 2. Remove all exterior M.D.O. plywood. 3. Remove existing shingles and built up roofing. 4. Remove and replace any deteriorated roof sheathing. This must be determined after the roofing is removed. 5. Install new roof sheathing as required. 6. Install new roof insulation on the exterior side of the roof sheathing. 7. Install new shingles over a plywood nail base on the sloped roofs and an adherred EPDM membrane roof on the flat portions. Create saddles and slope insulation for positive drainage of all roof areas. 8. Replace all entrance doors and frames with new insulated hollow metal doors and hollow metal frames. Use galvanized or stainless steel material at Chlorine Room. 9. We would recommend that the roof structure be left exposed on the interior as this is not a finished space. The interior of the exposed structure should be painted off - white. 10. Block up windows not required for operation of the facility. _ Windows needed or desired should be replaced. 11. Patch siding and restain entire building exterior. 12. The structure in the area of the roof hatch and at the clerestory in the office area should be "beefed up" by the installation of additional joists at the roof hatch and connection of the double 2 x 14 to the double 2 x 12 at the office clerestory. Installation of a sloped roof to eliminate the clerestory at the north side of the office would eliminate the drift load and take the excess load off the double 2 x 14. Refer to Plate No. 3. A second alternative to eliminate f additional flat roof areas is shown on Plate No. 4. f 13. The addition of insulation at the exterior walls would be desireable but would require removal and replacement of all exterior siding. The cost effectiveness of this is marginal considering the relatively good condition of the siding. Placing insulation and GWB on the interior walls of the pump room and chlorine room is not recommended. B. Replace entire roof structure 1. Strip entire roof structure from the top of concrete block walls up. 2. Replace sill plates with new treated sill plates. 3. Install new roof structure of a new design. See Plate No. 5. It is presumed that the roof structure would be sloped with the possible exception of a flat roof in the area of the hatch. An attempt would be made to simplify the structure to enable use of a shingle roof with conventional attic insulation. In this alternative we would recommend the installation of a new gypsum wallboard ceiling with a vapor barrier and insulation above. 4. Replacement of the entire roof structure would most likely include elimination of the clerestory lighting and the associated problems with the ventilation and sidewalls. 5. Replace all entrance doors and frames with new insulated hollow metal doors and hollow metal frames. Use galvanized material at Chlorine Room. 6. Block up windows not required for operation of the facility. Windows needed or desired should be replaced. 7. Patch siding and restain entire building exterior. t C. Replacement of roof structure and removal of the garage. 1. This scheme would include all elements of scheme B above plus the additional items listed below. Plate No. 6 shows removal of the garage while retaining most of the existing structure. Plate No 7 includes a new roof structure along with removal of the garage. 2. Removal of the garage would result in the footings at the east wall of the office portion of the building being above the frost depth required by code. This would require underpinning the existing footings or as an alternative, removing and rebuilding the entire east wall with footings at frost depth. Portions of the east wall such as the area across the corridor do not have footings. Underpinning or removal and rebuilding of the east wall would be expensive. 3. New siding to match existing would be required on the east wall and the entire building should be repainted. 4. The forced air furnace for heating and air conditioning for the s structure is located in the portion of the structure which would be removed. This would require removal and relocation of the furnace into the portion of the structure to remain. We have not investigated the condition of the furnace but based on [ its age, replacement rather than relocation may be prudent. 3 t Wellhouse No. 5 D. Repair of the existing structure. 1. Remove all interior gypsum wall board ceilings, vapor barriers and blanket insulation. 2. Remove all exterior M.D.O. plywood. t 3. Remove existing shingles and built up roofing. 4. Remove and replace any deteriorated roof sheathing (which must be determined after the roofing is removed). 5. Install new roof sheathing as required. 6. Install new roof insulation on the exterior side of the roof sheathing. 7. Install new shingles over a plywood nail base on the sloped roofs and an adherred EPDM membrane roof on the flat portions. Create saddles and slope insulation for positive drainage of all roof areas. 8. Replace all entrance doors and frames with new insulated hollow metal doors and hollow metal frames. Use galvanized material at Chlorine Room. 9. We would recommend that the roof structure be left exposed on the interior as this is not a finished space. The interior of the exposed structure should be painted off - white. 10. Block up windows not required for operation of the facility. Windows needed or desired should be replaced. 11. Replace all exterior siding. Install new furring and add rigid insulation to the exterior of the structure behind the new siding. The exterior finish should be selected to resist damage and vandalism, based on the conditions noted at the present structure. 12. Replace concrete stoops at both entrances. 13. Remove and replace or eliminate the screen walls at the entrance. E. Replace entire roof structure. 1. It is our opinion that the replacement of the entire roof structure on this building is not required, even if a different design is desired. Portions of the existing '- structure should be able to be retained and incorporated into a modified design. The estimate is based on modifying the existing structure. Plate No. 8 showed an alternative which retains the majority of the existing structure. 2. Eliminate all clerestory windows which are currently blocked up. 3. Replace all entrance doors and frames with new insulation hollow metal doors and hollow metal frames. Use galvanized material at Chlorine Room. 4. We would recommend that the roof structure be left exposed on the interior as this is not a finished space. The interior of the exposed structure should be painted off- white. 5. Replace all exterior siding. Install new furring and add rigid insulation to the exterior of the structure behind the new siding. The exterior finish should be selected to resist damage and vandalism based on the conditions noted at the present structure. 6. Replace concrete stoops at both entrances. 7. Remove and replace or eliminate the screen walls at the entrance. 1 1 I f PART III - ESTIMATES At this schematic stage we have not done any detailed estimating. Estimates included below are rough and should be considered for comparison purposes only. WELLHOUSE NO. 6 A. Repair existing structure, retaining existing profile as described in Part II, Item A above. Estimated Cost: $24,200 B. Replace existing roof structure in its entirety as described in Part II, Item B above. Estimated Cost: $33,700 C. Replace existing roof structure in its entirety while removing garage portion of the structure as described in Part II, Item C above. Estimated Cost: $35,800 WELLHOUSE NO. 5 A. Repair existing structure, retaining existing profiles as described in Part II, Item D above. Estimated Cost: $9,600 B. Replace existing roof structure in its entirety as described in � - Part II Item E above. Estimated Cost: $10,800 PART IV - RECOMMENDATIONS Based on our investigations and analysis we would recommend the following: WELLHOUSE NO. 6 We recommend that the alternative for repair of the existing structure be selected as the most prudent alternative. The condition of the existing structure is such that removal and replacement would be difficult to justify. This would not preclude modifying some roof areas to eliminate problems. One could easily justify retaining the flat roof area in the vicinity of the hatch for ease in working on the well. With roofing materials available today, flat roof areas could be tied into the other areas with no problem and result in trouble -free roofs. The biggest single factor in eliminating the problems which are currently being experienced would be the elimination of the insulation in the joist space. The roof structure is simply too complex to achieve adequate ventilation of all areas. We cannot recommend the removal of the existing garage structure. Even if no current use is in mind for the area, the cost of removal cannot be justified. The cost to remove the structure and related expenses exceed the cost to repair the structure in place. If continued use as a garage is not desired, the space could be converted to storage, office, or meeting rooms for functions such as athletic associations, service groups, senior citizens, etc. It would appear a use could be found for this space. WELLHO NO. 5 We recommend that the existing roof structure be repaired rather than removed or replaced. Existing structural members are sound and only isolated replacement, if any, would be required. The structure would easily lend itself to some modification while retaining the present structural members. Retaining the flat roof area at the hatch could easily be justified for ease in working on the well. We again feel the biggest factor in eliminating the current problems is the elimination of the interior ceiling finishes and the insulation in the joist space which results in a lack of adequate ventilation. { y y f l A AT - r � i G L � � n v I i I - I PLATE NO. 1 Re Alternate A tai n Existing 8719 10/19/87 —• Roof Configuration WELL HOUSE NO. 6 JOHNSON —SMITH ARCHITECTS BROOKLYN CENTER, MINNESOTA 219 N. 2ND ST. s MINNEAPOLIS, MINNESOTA 3 s s A 1 G r � { PLATE NO . 2 Alternate A Existing Configuration 8719 10/i9/87 - i WELL HOUSE NO.5 JOHNSON —SMITH ARCHITECTS BROOKLYN CENTER, MINNESOTA 219 N. 2ND ST. MINNEAPOLIS, MINNESOTA 11�TA1,1.}'E� t o P fl��Fr ovEa�o���Nb �. _ _ , _ OYEtZyTRbxH�lb a� STR.�U EZ-t► i PLATE NO 3 Alternate A -� Modification of Existing 8719 10/19/87 Configuration WELL HOUSE NO. 6 JOHNSON —SMITH ARCHITECTS BROOKLYN CENTER, MINNESOTA 219 N. 2ND ST. 1 MINNEAPOLIS, MINNESOTA i i I 5 ■ Alternate A -2 PLATE NO. 4 8719 10/19/87 Modification of Exi'sti Configuration _ WELL HOUSE N0.6 JOHNSON —SMITH ARCHITECTS BROOKLYN CENTER, MINNESOTA 219 N. 2ND ST. MINNEAPOLIS, MINNESOTA s i O I I PLATE. NO. 5 Alternate B, 8719 10/19/87 Replace Entire Roof Structure _ WELL HOUSE NO. 6 JOHNSON —SMITH ARCHITECTS BROOKLYN CENTER, MINNESOTA 219 N. 2ND ST. MINNEAPOLIS, MINNESOTA 3 f • i PLATE. NO. 6 Alternate C Remove Garage and Retain 8719 10/19/87 Portion of Existing Roof Structure WELL HOUSE NO. 6 JOHNSON —SMITH ARCHITECTS BROOKLYN CENTER, MINNESOTA 219 N. 2ND ST. MINNEAPOLIS, MINNESOTA i ' 3 { i I I PLATE NO. 7 Alternate C -1 Remoye Garage and Replace 8719 10/19/87 i Entire Roof Structure WELL HOUSE NO. 6 JOHNSON -SMITH ARCHITECTS BROOKLYN CENTER, MINNESOTA 219 N. 2ND ST. MINNEAPOLIS, MINNESOTA i i s 3 I 1 PLATE NO. 8 Alternate B 8719 10/19/87 WELL HOUSE NO. 5 JOHNSON —SMITH ARCHITECTS BROOKLYN CENTER, MINNESOTA 219 N. 2ND ST. MINNEAPOLIS, MINNESOTA �I7 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -24 RECONDITIONING WELL NO. 6, AND APPROVING AGREEMENT FOR PROFESSIONAL SERVICES RELATING THERETO WHEREAS, the City Engineer has advised the City Council that the performance and capacity of wells should be studied, specifically so Well No. 6 can be properly reconditioned; and WHEREAS, the City Engineer has obtained a proposal from the firm of Short, Elliot, Hendrickson, Inc. to provide all professional Engineering services needed in conjunction with the proposed improvements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: IMPROVEMENT PROJECT NO. 1987 -24 2. The proposal for professional services with the firm of Short, Elliott, Hendrickson for professional engineering services relating to reconditio TA g ning ell No. 6 and all the other City Wells, at a total estimated cost of $4,000, is hereby accepted. The Mayor and City Manager are hereby authorized and directed to execute an agreement with that firm for these services. 3. The accounting for this project will be done in the Public Utilities Fund. All project costs shall be charged to that fund. 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 B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY- POLICE - FIRE C ENTER 911 TO: Sy Knapp, Director of Public Wor s FROM: H.R. Spurrier, City Engineer DATE: November 9, 1987 RE: Reconditioning Well No. 6 As a part of routine maintenance we pull our deep well pumps once every 6 or 7 years and inspect and recondition them. The water supply shortage last year identified pump capacity as a problem we must deal with when we recondition pumps The maximum capacity of the eight wells in our system is below the design capacity. Six of the wells are so far below the design capacity that the cumulative shortage equals the capacity of one well. This substantial loss of capacity has been identified using data from the new SCADA System. > I believe there is a way to optimize production facilities. This may mean modification of the pumps, motors, or piping at the wells. The work is specialized and requires considerable experience with pumps, motors and piping. Short, Elliot, Hendrickson (SEH) has been the City's consultant for traffic and traffic signal related projects. The firm also has a capable staff of engineers experienced in solving the water suppy problems we have. It is estimated that a study to establish the recommended pump changes will cost $2,000 to $4,000. Only the actual cost incurred by SEH will be billed on an hourly basis. This arrangement has worked very well for all the other work this firm has done for the City. SEH plans to look at all of our wells including Well No. 6, which is scheduled for maintenance this year. It is therefore recommended that the City Council adopt the attached resolution. r R� re� 4- y submitt ed, Approved for submittal, H.rrier Sy n p, Ciineer Director of Public Works HS /nl cc: File 1987 -24 rr mow E PF ENGINEERS ARCHITECTS 8 PLANNERS 222 E,4S`L -L S= "i 3A ROAD, SI PAUL, MINNESOTA 55177 612 484 -0272 October 28, 1987 RE: BROOKLYN CENTER, MINNESOTA WELL PUMP CAPACITY STUDY H. R. Spurrier, City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: At our meeting on October 21, 1987, we discussed the capacity of the City well pumps and the fact that during periods of peak demand the output of the well pumps is less than their rated capacity. You asked us to study the problem and recommend solutions. We propose that the scope of the study will be as follows: 1. Gather existing data on wells, pumps storage and distribution system, 2. Review the existing data. 3. Operate each well pump alone and record: Static water level; Drawdown while pumping; Flow; Discharge pressure. 4. Compare field test results to pump data sheet and pump head /discharge curve. 5. Using Black & Veatch data on well interference calculate well drawdowns with multiple wells running. 6. Using Black & Veatch distribution system analysis calculate discharge pressures at wells with multiple wells running. 7. Prepare report making recommendations on individual well pumps. SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICK50N INC MINNESOTA WISCONSIN H. R. Spurrier October 28, 1987 Page Two We understand that maintenance work on Pump No. 6 will be performed this winter, therefore we will coordinate our study schedule with this work. On October 21, 1987, we were given copies of the following: a. "Report on Water Works Improvements for Brooklyn Center, Minnesota" by Black & Veatch, dated May, 1984. b. Well records for Wells 2, 3, 4, 5, 6, 7 and 8. C. Pump Data Sheet and head /discharge curve for Pump No. 9. d. We il construction, capacity and maintenance history for Wells No. 2, 3, 4, 5, 6, 7, 8 and 9. e. Watermain System Map. The additional information we will need for the study is: 1. Pump data sheet and head /discharge curve for Pumps No. 2, 3, 4, 5, 6, 7 and 8. 2. Well record for Well No. 9. 3. Copy of Black & Veatch distribution system analysis. We assume that the City will collect the date for each well pump as outlined in Item No. 3 of the Scope of Study. The discharge pressure gauge should be checked for accuracy prior to running the pumping test. The pump at each well should be run long enough for the pumping level to stabilize, that should be 2 to 4 hours. We propose to do the study on an hourly basis plus incidental expenses at the rates which are attached as Exhibit A. We estimate the cost of the study to be between $2,000 and $4,000. We look forward to working with you on this study. Sincerely, " Wilbur R. Liebenow, P.E. WRL /kru Enclosure r EXHIBIT "A" SCHEDULE HOURLY BILLABLE PAYROLL RATE RANGE BY CLASSIFICATION(1) CLASSIFICATION BILLABLE COST (2) OFFICE STAFF Principal Engineer $86.00 - $101.00 Project Manager $51.65 - $75.15 Project Engineer /Architect $42.25 - $54.00 Design Engineer /Architect $32.85 - $46.20 Planner /Landscape Architect $35.25 Designer $40.70 - $49.35 Engineering Technician - III $31.30 - $42.30 Engineering Technician - II $26.60 - $37.60 Engineering Technician - I $20.35 - $28.20 Drafters $14.85 - $28.50 Clerical II $20.35 - $36.35 Clerical I $14.00 - $21.60 FIELD STAFF Resident Project Representative II $32.00 - $48.25 Resident Project Representative I $20.35 - .$28.20 Field Survey Crew Chief $25.00 - $46.70 Field Survey Rodman $14.85 - $26.25 (1) The actual rate charge is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. (2) Based on a multiplier of 2.1 times payroll cost. NOTE: This schedule is reissued annually. New hourly contracts, which will overlap the reissue date, shall provide for the anticipated changes in the contractual language. Issued: May 18, 1987 Expires: April 15, 1988 Member introduced the following resolution and moved its adoption: RESOLUTION 110. RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET ----------------------------------------------- WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS The Police Department received a portable breath p p testing simulator from om the Bureau of Criminal Apprehension several years ago. This equipment is needed to calibrate the portable breath testing. units used by officers on the street to screen drivers who are suspected of being intoxicated; and WHEREAS, We have been informed that our unit is beyond repair, the model obsolete, and in need of replacement; and WHEREAS, A new unit is available through Don Streicher Law Enforcement Products for $315.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1987 General Fund follows: Budget as foll g o Increase the Appropriations for the following line items: ---------------------------------------------- Police Protection Other Equipment Capital Outlay Account No. 01- 4552- 000 -31 by $315.00. Decrease the Appropriations for the following line items: -------------------------------------------------------- Unallocated Department Contingency Account No. 01 -4995- 000 -80 by $315.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , upon vote being taken thereon the following � P ake wzn g � g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i MEMORANDUM TO: Gerald G. Splinter, City Manag r FROM: Jim Lindsay, Chief of Polic 1 r + DATE: November 2, 1987 SUBJECT: Request Funding From Contingency for Purchase of Breathalyzer Simulator I have been informed by Captain Downer that our portable breath testing simulator is beyond repair. The unit was originally provided by the Bureau of Criminal Apprehension (BCA) on a federal grant. The BCA laboratory repairs the unit free of cost. They have informed us that our unit is re beyond air and the Y P model obsolete. The simulator is needed to calibrate portable breath testing units (PBT's). These PBT's are used by officers on the street to screen drivers who are suspected of being intoxicated. The unit is available through Don Streicher Law Enforcement Products for $315.00. I recommend that amount be transferred from contingency into 4552 capital outlay, other equipment for the purchase of the replacement simulator. 9j Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE FOR THE ENGINEERING TECHNICIAN IV WHEREAS, the City Council wishes to authorize certain vacation leave and sick leave benefits for the new engineering technician IV in the engineering division, department of public works. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that David S. Anderson, as engineering technician IV, is authorized to receive credit towards vacation leave accrual for the time he was previously employed by the City. BE IT FURTHER RESOLVED that David S. Anderson, as engineering technician IV, is granted a 100 hour block of sick leave which can be used in the first year of employment, but which must be earned before additional hours accumulate. _ Date Mayor y r 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. MEMORANDUM TO: Gerald G. Splinter, City Manager �d FROM: Geralyn R. Barone, Personnel Coordinator DATE: November 6, 1987 SUBJECT: An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling Based on the request of the city council, City Attorney Charlie LeFevere has prepared some alternative language for Section 23- 1902, subdivision 13, of the ordinance amending chapter 23 regarding charitable gambling. This language is presented in a drafted ordinance labelled "Option 2 in the agenda packet. ! CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of October , 1987 at 7.30 .m. at the City Hall, 6301 Shingle Creek Parkway, to consider the addition of a new section to Chapter 23 of the City Ordinances involving charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABLE GAMBLING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 1900 through 1904 are hereby added to Chapter 23 of the City Ordinances, with the following language: Section 23 -1900 STATEMENT OF POLICY The City of Brooklyn Center deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes, Section 349.213. Section 23 -1901 DEFINITIONS The definitions in Minnesota Statute 349 are adopted by reference in this chapter. Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES The sale of pull -tabs in on -sale licensed premises shall be conducted by qualified and state licensed charitable organizations. In addition to satisfying the qualifications set forth in Minnesota Statutes Chapter 349, the following regulations and qualifications must be complied with by all such charitable organizations: 1. The sale of pull -tabs shall be the only authorized form of gambling in on -sale licensed premises 2. The crganization must have been in existence in Brooklyn Center for at least three years. Brooklyn Center City Ordinance Page 2 Chapter 23 3. The organization must contribute a significant amount of its 'proceeds from ?awful gambling to lawful nur 'poses within the City of Brooklyn Center. For 'pur.oses of this ordinance the word "significant" is defined as over ninety 'percenr (900) when averaged over a three year period. 4. The organization must file a list containing the names and addresses of all current members with the 'police department on an annual basis 5. The organization must file pull -tab financial re'por' monthly with the 'police department 6. The organization must exhibit and sell pull -tabs in a method as required by the City 7. Workers or managers may not divulge the number of cr the dollar amount of the winners at any time 8. Workers or managers shall not co- mingle name cards 9. The organization shall comply with all the provisions of Minnesota Statutes Chapter 349 10. The organization shall register with the State Gambling Board all eguipment and supplies used in a licensed on sale establishment. 11. The charitable organization shall not use a pull -tab which does not return to the players a minimum percentage of 75% nor a maximum percentage of 80% which percentage shall include free plays awarded 12. The charitable organization will be responsible for the booth and other eauipment used in the operation of Pull-tabs. 13. No organization may have a pull -tab sale operation in more than one 'premises in the City; except that organizations may be authorized to continue to conduct the same number of gambling cnerations as are lawfully in exi.stance on the effective date of this ordinance. 14. The organization must pay the City of Brooklyn Center an investiaation fee of $250.00 per year. Brooklyn Center City Ordinance Page 3 Chapter 23 Section 23 -1903 SEVERABILITv Every section, provision or part of this Chanter is declared senarab_le from every other section provision or part to the extent that if any section provision or - cart of this Chapter shall be held invalid such holding shall not invalidate any other section provision or part thereof. Section 23 -1904 PENALTIES Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars 700.00) and i.mnrisonment for not more than ninety (90) days or both, together with the cost of prosecution SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following. its legal publication. Adopted this day of , 1987. Dean Nyqui.st, Mayor I ATTEST: Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Option 7_ CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987 at M. at the City Hall, 6301 Shingle Creek Parkway, to consider the addition of a new section to Chapter 23 of the City Ordinances involving charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABLE GAMBLING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 1900 through 1904 are hereby added to Chapter 23 of the City Ordinances, with the following language: Section 23 -1900 STATEMENT OF POLICY The Citv of Brooklyn Center deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes, Section 349.213. Section 23 -1901 DEFINITIONS The definitions in Minnesota Statute 349 are adopted by reference in this chapter. Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES The sale of pull -tabs in on -sale licensed premises shall be conducted by qualified and state licensed charitable organizations. In addition to satisfying the qualifications set forth in Minnesota Statutes Chapter 349 the following regulations and qualifications must be complied with by all such charitable organizations: 1. The sale of pull -tabs shall be the only authorized form of gambling in on -sale licensed premises 2. The organization must have been in existence in Brooklyn Center for at least three years Brooklyn Center City Ordinance Page 2 Chapter 23 3. The organization must contribute a significant amount of its proceeds from lawful gambling to lawful purposes within the City of Brooklyn Center. For purposes of this ordinance, the word "significant" is defined as over ninety percent (90 %) when averaged over a three year period. 4. The organization must file a list containing the names and addresses of all current members with the police department on an annual basis. 5. The organization must file pull -tab financial reports monthly with the police department 6. The organization must exhibit and sell pull -tabs in a method as required by the City. 7. Workers or managers may not divulge the number of or the dollar amount of the winners at any time 8. Workers or managers shall not co- mingle _game cards 9. The organization shall comply with all the provisions of Minnesota Statutes Chapter 349 10. The organization shall register with the State Gambling Board all equipment and supplies used in a licensed on- sale establishment. 11. The charitable organization shall not use a pull -tab which_ does not return to the players a minimum Percentage of 75% nor a maximum percentage of 80% which Percentage shall include free plays awarded 12. The charitable organization will be responsible for the booth and other equipment used in the operation of Pull-tabs. 13. No organization may have a pull -tab sale operation in more than one premises in the City; except that an organization may be authorized to conduct one more than the number of gambling operations it is lawfully conducting on the effective date of this ordinance 14. The organization must pay the City of Brooklyn Center an investigation fee of $250.00 per year. Brooklyn Center City Ordinance Page 3 Chapter 23 Section 23 -1903 SEVERABILITY Every section, provision or part of this Chapter is declared separable from every other section,— provision or part to the extent that if any section, provision or part of this Chapter shall be held invalid, such holding shall not invalidate any other section, provision or part thereof. Section 23 -1904 PENALTIES Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be Punished by a fine of not more than seven hundred dollars (_$700.00) and imprisonment for not more than ninety (90) days, or both, together with the cost of prosecution SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1987. Dean N ist Mayor or Y ATTEST: Darlene Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) /O6 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of October 1987 at 7:30 P _.m, at the City Hall, 6301 Shingle Creek Parkway, to consider the amendment to Chapter 11 of the City Ordinances involving liquor license establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 711 and 717 of Chapter 11 of the City Ordinances are amended with the following language: Section 11 -711. CONDITIONS OF LICENSE. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus ratus on the licensed premises, raises and d e h P , shall not permit any gambling therein[.] whether or not licensed by the state except that bull -tabs may be sold on licensed premises when such activity is licensed by the state pursuant to Minnesota Statutes Chapter 349 and conducted pursuant to the regulations contained in this ordinance. Section 11 -717 GAMBLING REGULATIONS 1. Onlv licensed charitable non - profit organizations that have been in existence in Brooklyn Center - For at least three years and who contribute the majority of pull -tab Proceeds for lawful purposes within the City of Brooklyn Center ma be allowed ed Pull-tabs on the to sell v y -p premises. 2. Use of the licensed premises shall be by means of a written lease agreement between the licensee and the charitable organization. The lease shall be for a _ a term of at least one v ear• shall be filed with the a co py police department and also a copy must be kept on the premises and available for public inspection upon request. Leases shall be governed gu g d by the following: Brooklyn Center City Ordinance Page 2 Chapter 11 A. Maximum rent that may be charged is $100.00 per week. B. Rental payments may not be based on a percentage of profits from gambling. C. The charitable organization may not reimburse the licensee for any license fees or other gambling related expenses incurred by the licensee D. The only form of gambling that shall be permitted on the licensed premises shall be pull -tabs approved by the state. E. Pull -tabs shall only be sold from a booth used solely by the charitable organization and pull - tabs shall neither be sold by employees of the licensee nor sold from the bar service area. F. The construction and maintenance of the booth used by the charitable organization shall be the sole responsibility of the charitable organization G. The lease shall contain a provision permitting the licensee to terminate the lease if the charitable organization is found guilty of any violation of state or local gambling statutes ordinances or rules and regulations. 3_. Only one charitable organization shall be permitted to sell pull -tabs on the licensed premises 4. The licensee may not be reimbursed by the charitable organization for any license or permit fees and the only compensation which the licensee may obtain from the charitable organization is the rent fixed in the lease agreement. 5. The licensee must commit to a minimum of twenty -five (25) hours of sales of pull -tabs for the charitable organization per week. 6. The licensee shall be responsible for the charitable organization's conduct of selling pull -tabs The Citv Council may suspend for a period un to sixty (60) days or revoke the licensee's permission to allow gambling Brooklyn Center City Ordinance Page 2 Chapter 11 on the premises for any violation of state or local crambling laws or recgulations that occur on the nremises by anyone including the licensee or the charitable organization. Any violation may also be considered by the Citv Council as grounds for suspension or revocation of the cn -sale liquor license SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1987. Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication September 24, 1987 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) i l� :1 CITY 6301 SHINGLE CREEK PARKWAY 7BR00 BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTE R EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 4, 1987 RE: Consideration of Items Relating to Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition. (i.e. - 5806 and 5812 Halifax Avenue North) Five items relating to the resolution of conflicts resulting from the intrusion of the houses located at 5806 and 5812 Halifax Avenue North into the existing public utility easement are included on the City Council agenda for 11/9/87. These items and my comments regarding them are as follows: A. Resolution accepting Engineer's report regarding Storm Sewer Improvement Project No. 1987 -22. A copy of the report from the Westwood Planning and Engineering Company is submitted herewith. This report includes the following two significant conclusions: 1. The estimated cost for consideration of a 30 inch diameter bypass storm sewer between the two houses is $19,400. This cost estimate includes contract costs for construction of the bypass sewer with appurtenances; contract costs for filling the existing storm sewers, before they are abandoned in place, so as to prevent future cave -ins; and contract costs for landscape repairs. This estimate does not include the costs for construction plan preparation, construction supervision, legal and administrative costs or capitalized interest costs. 2. The report concludes that, instead of oversizing the bypass sewer, and oversizing the entire downstream sewer system at the some future date, the City should construct a "relief storm sewer" following the street system to "Northport Lake ". It is my opinion that this is an excellent recommendation, since the problems associated with oversizing or replacing the existing storm sewers (located in the back yard and on side yards of 16 homes) would be immense. Westwood has estimated that the cost of this "-' 19ar 1LL r.wmu 0" '-•:t Consideration of Items Relating to Lots 46 and 47 November 4, 1987 Page two relief storm sewer will be approximately $250,000 to $300,000. This is an item that should be considered sometime in the future, in conjunction with the development of plan for upgrading the City's storm drainage system, and compliance with the "Metropolitan Surface Water Management Act" which will require development of a "local plan" complimentary to the plan now being developed by the Shingle Creek Watershed Commission. Under the terms of the Surface Water Management Act, that local plan must be developed by or during calendar year 1989. In any event, this recommendation eliminates the need to consider oversizing the currently proposed bypass sewer. I recommend that the Westwood report be accepted by resolution. B. Resolution approving agreement for the relocation of a storm sewer within the public utility easements between Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition. Submitted herewith is a draft copy of an agreement between Andrescik, Rubenstein and the City which I have prepared in consultation with the City Attorney. It is my belief that this agreement reflects the direction we have previously received from the City Council; that approval of this agreement would provide a proper basis for resolution of the existing conflicts, and that the proposed cost distribution is equitable. Copies of this proposed agreement are being delivered to Mr. and Mrs. Andrescik and to Mrs. Rubenstein today (November 4, 1987) in hope that they will have adequate time to review the proposal and react to it. However, it may well be that they will need additional time to review the agreement and to get needed approvals. (I believe that Mr. and Mrs. Andrescik will need to get the approval of the agreement and the temporary easement from the lending agency which is providing financing for the people who are buying their house. Also, both parties may well wish to have their attornies review the agreement, and Mr. and Mrs. Andrescik need to make arrangements to provide the financial security required by the proposed agreement). Accordingly, it may not be possible to proceed with approval of this agreement at the November 9, 1987 Council meeting. However, I do recommend that the proposed agreement be discussed at that time so that if changes are requested by the City Council, they can be made so that the final agreement can be approved at the November 23, 1987 Council meeting. C. Ordinance vacating portions of the public utility easements located on Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition. Consideration of Items Relating to Lots 46 and 47 November 4, 1987 Page three D. Planning Commission application No. 87023 submitted by James Andrescik requesting a variance from section 35 -400 of the zoning ordinance to allow a zero setback for an attached garage presently built over the side property line and a storm sewer easement. This item was recommended for approval by the Planning Commission at its October 15, 1987 meeting. E. Planning Commission application No. 87024 submitted by James Andrescik requesting a variance from the subdivision ordinance to allow a land transfer by metes and bounds division rather than than formal platting. This item was recommended for approval by the Planning Commission at its October 15, 1987 meeting. These three items should all be considered in concert with the proposed agreement. The public hearings should be conducted on November 9, 1987. However, if the agreement is not ready for approval, adoption of these 3 items should be tabled - for consideration when the final agreement has been prepared and executed by the Andrescik's and by Rubenstein. Respectfully submitted, f - ✓ i Sy Knapp Director of Public Works L� t 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 OCTOBER 15, 1987 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Iv lecki, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren,- City Engineer Bo Spurrier, and Recording Secretary Mary Lou Larsen. Chairman Lucht stated Commissioners Carl Sandstrom and Lowell Ainas were unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES - September 24, 1987 Motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve the minutes of the September 24, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Nelson, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioner Malecki, as she did not attend that meeting. The motion passed. APPLICATION NO. 87023 (James Andrescik) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for variance approval from Section 35 -400 of the Zoning Ordinance to allow a zero setback for an existing garage from the north side lot line at 5806 Halifax Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87023 attached). Commissioner Wallerstedt inquired if the garage was destroyed, for instance, by fire, if the applicant would be allowed to rebuild the structure in its present location if the variance were granted? The Secretary responded affirmatively, but noted the extent of the destruction of the property may have some bearing on where it is rebuilt. He pointed out that the granting of the variance in this case really makes the structure a "conforming use" rather than a "nonconforming use" of the property. Commissioner Bernards asked if the relocation of the storm sewer would be confined to the two properties. City Engineer Bo Spurrier stated a consultant has been obtained to do a study of the situation and he will not know until he gets the results of that study which should be available in approximately two weeks. He also stated the current system is designed for a two year storm, but would be designed for a five year storm, meaning there is a need to enlarge the storm sewer facility. Commissioner Bernards inquired if the system would be a straight shot with no bends. The City Engineer answered a larger pipe could be used to accommodate runoff and would carry the difference between a two year and a five year term storm sewer system. Commissioner Bernards asked if the flow would be blocked. The City Engineer answered the City wants to continue to use that corridor for storm sewer. Chairman Lucht asked the applicant, James Andrescik, if he had anything to add. Mr. Andrescik stated he had nothing further to add. 10 -15 -87 _1_ PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Albert Blazevic, 5800 Halifax Avenue North, was then recognized by Chairman Lucht. Mr. Blazevic stated he wanted it known for the record that he had no objection to the applicant's proposal. The Secretary stated that one phone call had been received by the Planning and Inspection Department in response to the notice for public hearing from a person who was unable to attend this evening's meeting. That person wanted to know if the granting of a variance would set a precedent to allow other buildings to be built on property lines. He explained that the party was informed that the granting of a variance in this case would not establish a precedent to allow all other structures to be built on property lines, but could be considered a precedent for other similar variances where the circumstances were identical to this case. He added that this situation was viewed as being unique. Chairman Lucht, noting that no one else wished to be heard, called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. The Secretary also pointed out that the granting of these variances for the property at 5806 Halifax (Andrescik property) should also acknowledge a variance for the property at 5812 Halifax ( Rubenstein property) because the house at 5812 Halifax is set back 9.52' from the side property line rather than the 10' required by City Ordinance. ACTION RECOMENDING APPROVAL OF APPLICATION NO. 87023 Following further discussion, there was a motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve Application No. 87023 subject to the following: 1. A variance from Section 35 -400 of the Zoning Ordinance is warranted in this case for the following reasons: a) The remodeling of the existing residence necessary to comply with the ordinance would be prohibitively expensive and constitute a genuine hardship as opposed to a mere inconvenience. b) The circumstances of an attached garage built over a side lot line are unique to this parcel and are not common generally in the R1 zone. c) The condition of the encroachment of the attached garage into the storm sewer easement and into the Rubenstein property has been accomplished with the erroneous acknowledgement of the City. d) Injury to the Rubenstein property is compensated for and there is no injury to other properties. e) The ivate cost to achieve compliance at this time exceeds P p the public benefit derived from such compliance. 10 -15 -87 -2- 2. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 3. Variance approval is also acknowledged for the Rubenstein residence at 5812 Halifax Avenue North which is 9.52' from the south property line. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Lernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION N0. 87024 (James Andrescik) The Secretary introduced the next item of business, a request for variance approval from the Subdivision Ordinance to transfer a small wedge of land by metes and bounds rather than through formal platting. The staff report was then reviewed by the Secretary (see Planning Commission Information Sheet for Application No. 87024 attached). PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if 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 Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87024 (James Andrescik) Motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve Application No. 87024 subject to the following conditions: 1. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 2. Variance approval is also acknowledged for the Rubenstein residence at 5812 Halifax Avenue North which is 9.52' from the south property line. Voting in favor: Chairman Lucht, Commissioners Malecki,. Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. The Secretary explained the two applications would be on the City Council's November 9, 1987 meeting agenda as the storm sewer relocation study and easement vacation will be also be considered by the City Council at that time. APPLICATION NO. 87025 (John Ditzler) The Secretary introduced the next item of business, a request for preliminary plat approval, to subdivide into a lot and an outlot the parcel of land immediately west of 701 69th Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87025 attached). 10 -15 -87 -3- Chairman Lucht asked the applicant's representative if he had anything to add. The representative stated he had nothing to add. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. t.r. Dave Evanson, 2208 73rd Avenue North, stated he and his sister own some parcels in the area of the applicant's proposal. Mr. Evanson stated he has concerns about future plans for compatible uses of the property in the surrounding area and would prefer to see it remain Rl for single - family homes. Chairman Lucht asked if the property would remain Rl. The Secretary answered in the affirmative and explained there had been a meeting of the neighbors five years ago, but at that time none of them were ready to subdivide. He stated an Rl zoning is recommended in the Comprehensive .Plan. The Secretary stated that WDOT also owns a number of parcels in that area. Mir. Evanson stated he agrees with the Comprehensive Plan recommendation and has no objection to the proposed present construction. City Engineer Bo Spurrier stated there is a need for subdivision in the area and is glad to see an effort being made to do so. He stated there may be a need for a subdivision agreement for utilities. Chairman Lucht asked if anyone else wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Notion by Commissioner Nelson seconded by Commissioner Nalecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Nhlecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECONZENDING APPROVAL OF APPLICATION NO. 87025 (John Ditzler) Motion by Commissioner Nelson seconded by Commissioner Nalecki to recommend approval of Application No. 87025 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner shall enter into an agreement with the City prior to final plat approval that development of Outlot A shall not proceed until plans for access, utilities, and drainage, and a subdivision agreement executed by the owner of the property, have been approved by the City. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. DISCUSSION ITEMS The Secretary briefly reviewed a memo from the City Attorney regarding the judgment received in the Lescault case which has been in court over a period of two to two and one half years. Business items for the next Planning Commission meeting were reviewed by the Secretary. 10 -15 -87 -4- ADJOURNMENT Motion by Commission Nelson seconded by Commissioner Nlalecki to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Nalecki, Nelson, Eernards and ti °dallerstedt. The motion passed. The Planning Commission adjourned at 8:35 p.m. Chairman 10 -15 -87 _5_ I' Planning Commission Information Sheet Application No. 87023 Applicant: James Andrescik Location: 5806 Halifax Avenue North Request: Variance Background The applicant requests a variance from Section 35 -400 of the Zoning Ordinance to allow a zero setback for an existing garage from the north side lot line at 5806 Halifax Avenue North. The lot in question is zoned R1 and is bounded on the north, east, and south by other single family homes, and on the west by Halifax Avenue North. The variance request arises because the applicant, in the process of selling his residence at 5806 Halifax, discovered that his attached garage and second storey family room were built in 1968 over an existing storm sewer easement. Surveys of the property revealed that the garage and family room were, in fact, built over two storm sewer lines and that the garage encroached .6' onto the neighboring property at 5812 Halifax Avenue North. The family room built over the garage is set back approximately 5' further than the north side of the garage. The original permit for the garage and family room showed the garage set back 5' from the side lot line and the dwelling space set back 10' as required by ordinance. However, the permit did not show all the measurements on the lot which would have revealed that there was insufficient room on the north side of the then existing house to make the proposed addition. The existence of the storm sewer easement was also missed by both the owner applying for that permit and by the City. As a result, the garage and family room addition encroach into the existing storm sewer easement, which is 15' on either side of the common property line with 5812 Halifax, and the garage actually encroaches onto the neighboring property by some .6 1 . Surveys have also revealed that the neighboring home owned by Twila Rubenstein at 5812 Halifax Avenue North also encroaches into the storm sewer easement by 5.49 The existing situation and five options for dealing with it have been outlined by the Director of Public Works in a memo to the City Manager dated August 12, 1987 ( see memo attached). Mr. Andrescik is pursuing Option No. 5 which entails the following: a) Relocate the storm sewer to the portion of the easement between the two houses. b) Make no change to the Andrescik house. c) Vacate those portions of the easement lying under the two houses. d) Property owners resolve question of the encroachment of the Andrescik house across the property line. e) Variance from setback requirements for one or both houses depending on amount of land purchased by Andrescik. f) Variance from platting requirements to transfer a small wedge of land by metes and bounds descriptionn from Rubenstein to Andrescik. 10 -15 -87 -1- +1 Application No. 87023 continued Mr. Andrescik is in the process of concluding an agreement with Ms. Rubenstein to purchase a small wedge of land that would follow the wall line of the Andrescik house where it encroaches into the Rubenstein lot. This will leave the Andrescik residence with a zero setback from the north side lot line. Meanwhile, the City is in the process of having stud done an g y d a design developed for the relocation of the storm sewer and an enlargement of its capacity to minimize flooding in the area. Also, a first reading of an ordinance vacating the portions of the storm sewer easement lying under both houses has been held by the City Council. Reasoning Mr. Andrescik has submitted no written arguments in support of the variance request. This does not indicate a lack of concern, however, inasmuchas the sale of the residence at 5806 Halifax cannot be consummated until the matters of the storm sewer and the property line encroachment are resolved. Variances are subject to the standards set forth in Section 35 -240, Subsection 2 (attached) . The first standard relates to hardship. "Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out." Yx. Andrescik has apparently investigated the possibility of remodeling the house to do away with the encroachment and he has received an estimate of $30,000 for the cost of remodeling. g In addition, he estimates that the value of the house would be reduced by approximately $20,000. Thus, a net loss of $50,000 would be realized by Mr. Andrescik. We would agree that this is more than a "mere inconvenience." There is the possibility of Mr. Andrescik acquiring more land from Ms. Rubenstein so as to meet a 5' sideyard setback and 10' for the family room. This would leave Ms. Rubenstein's house in a substandard situation as well. Ms. Rubenstein is apparently unwilling to sell the additional land and the City certainly cannot force her to. The second standard requires that the conditions upon which the application for a variance is based are unique to the parcel of land and are not common generally to other property in the same zoning classification. The circumstances of this application - an attached garage built over a property line and on top of a storm sewer - are, thank goodness, unique to this parcel and not common generally to properties in the Rl district. The third standard for a variance requires that the alleged hardship is related to the requirements of the ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. In this case, although the condition was created by Mr. Andrescik, the City did issue a permit for the work and apparently made inspections without a proper verification of where the property line was actually located, or noting that, even as applied for, the garage and family room addition would be located over a storm sewer easement. Therefore, the City has by its actions or inaction erroneously acknowledged the condition as acceptable. On balance, the costs of total compliance at this stage appear to exceed the benefits. It, therefore, seems reasonable to set the ordinance aside in this case and achieve the best possible solution under the circumstances. Finally, the granting of the variance is not to be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. In this case, whatever injury there is to the Rubenstein property is compensated for under the provisions of the agreement between the Andresciks and Ms. Rubenstein. We see no injury to other neighboring properties. 10 -15 -87 -2- Application No. 87023 Conclusion Based on the reasoning outlined above, staff recommend approval of the variance request, subject to the following conditions: 1. A variance from Section 35 -400 of the Zoning Ordinance is warranted in this case for the following reasons: a) The remodeling of the existing residence necessary to comply with the ordinance would be prohibitively expensive and constitute a genuine hardship as opposed to a mere inconvenience. b) The circumstances of an attached garage built over a side lot line are unique to this parcel and are not common generally in the R1 zone. c) The condition of the encroachment of the attached garage into the storm sewer easement and into the Rubenstein property has been accomplished with the erroneous acknowledgement of the City. d) Injury to the Rubenstein property is compensated for and there is no injury to other properties. e) The private cost to achieve compliance at this time exceeds the public benefit derived from such compliance. 2. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 10 -15 -87 _3_ Planning Commission Information Sheet Application No. 8702 Applicant: James Andrescik Location: 5806 Halifax Avenue North Request: Variance The applicant requests a variance from the Subdivision Ordinance to transfer a small wedge of land by metes and bounds rather than through formal platting. The land in question is zoned Rl and is bounded on the north, east, and south by single - family homes, and on the west by Halifax Avenue North. The proposed transfer of land comes about as a result of a survey by Westwood Planning and Engineering which revealed that the attached garage of the residence at 5806 Halifax Avenue North encroached by .6' into the parcel of land at 5812 Halifax Avenue North. The existing legal description of these parcels is Lot 1 46 (5806) and Lot 147 (5812), Block 6, Pearson's Northport 3rd Addition. In the past, transfers of property by metes and bounds description have been allowed when the underlying land is platted property and when no new buildable lots are being created. That is the case here. Staff are, therefore, prepared to recommend approval of the variance request without conditions, other than the following: 1. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs. 10 -15 -87 r Planning Commission Information Sheet Application No. 87025 Applicant: John Ditzler Location: 707 69th Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into a lot and an outlot the parcel of land immediately west of 701 69th Avenue North. The land in question is zoned R1 and is bounded on the north by 69th Avenue North; on the east by a single - family home and vacant Rl zoned property; on the south by the south half of 68th Avenue North right -of -way ( the street is not installed at this time) ; and on the west by a single - family home on a long lot extending from 69th down to 68th Avenue North right -of -way. The owner wishes to create a standard single - family lot at the north end of the existing parcel and reserve the remainder of the land for future subdivision. The measurements of the two proposed parcels are as follows: Parcel Width Depth Area Lot 1 75.23' 134.5' 10,088 s.f. Outlot A 75.23' 493.39' 36,997 s.f. Total 75.23' 627.89' 47,085 s.f. The existing legal description is "the west 75' of the east 150' of Lot 31, Auditor's Subdivision No. 310, City of Brooklyn Center, Hennepin County, Minnesota." The proposed legal description is Lot 1 and Outlot A, Block 1, Ditzler Addition. A ermit has been issued for a single-family home at the north end of the existing A g Y g r parcel south of t s p (35 69 h Avenue North) where the proposed Lo t 1 is located. The highest elevation on the plat is the building pad for the new residence at 849.5' . Drainage over the entire plat is generally to the south and west. The preliminary plat proposes drainage and utility easements of 5' in width along the side and rear property lines and 10' in width along the front property line along 69th Avenue North. Although right -of -way was dedicated on the Swanco Terrace Addition to the east approximately 10 years ago, no right -of -way is being dedicated on this plat. Swanco Terrace dedicated 7' of additional right -of -way along 69th Avenue North because at that time this portion of 69th was a County Road and a major collector in the Northeast Neighborhood. This section of 69th is no longer a County Road, nor is it a collector now since it ends in a cul -de -sac and does not intersect with Highway 252. On the south, Swanco Terrace dedicated 30' of right -of -way for 68th Avenue North. However, the City Engineer advises against the dedication of right -of -way for 68th at present because the layout of a future subdivision is not known at this time. It may be that lots would be created fronting on a cul -de -sac at the end of Camden Avenue North rather than on 68th. By platting the south portion of the plat as an outlot, the owner reserves to the future decisions about the development of the vacant land since outlots are by definition unbuildable. Altogether, the plat appears to be in order and approval is recommended, subject to at least the following conditions: 10 -15 -87 _1_ t Application No. 87025 continued 1. The final lat is subject to review an approval b the Cit P ,7 d y y Engineer. 2. The final lat is p subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner shall enter into an agreement with the City prior to final plat approval that development of Outlot A shall not proceed until plans for access, utilities, and drainage have been approved by the City. s 10 -15 -87 _2_ .,, ��'�� ■mo AP AFW ' • ,� . gnu ■ : -� _ a t, ► NORTHPOR Viz` ■ '• • �i■ 4 0 C""E SURVEY I I I EX /STi� ✓G I �I i �I NO USE J �{✓r534a'!✓f ;��� ?5S3 r Y;� +rc�3 '-- � sz53¢oE� 5870620' - q 89 ° SB'2/ "E o� . e -K Drai�a9e N Uf / "fy Easeme��� - 32.09 0 n � I Er ✓sriNG -------- J � HOUSE 5 �U( 7 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S REPORT REGARDING STORM SEWER IMPROVEMENT PROJECT 1987 -22 WHEREAS, pursuant to Resolution No. 87 -191 the firm of Westwood Planning and Engineering, Inc. has conducted a study and submitted a report regarding Storm Sewer Improvement Project No. 1987 -22 and the Director of Public Works has advised the City Council that the report is complete and fully complies with the City's agreement with Westwood Planning and Engineering, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The October 23, 1987 report submitted by Westwood Planning and Engineering, Inc. regarding Improvement Project No. 1987 -22 is hereby accepted. 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. a WESTWOOD PLANNING _ NNING & ENGINEERING COMPANY October 23, 1987 Mr. Sy Knapp, Director of Public Works City of Brooklyn Center f 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Brooklyn Center Improvement Project 1987 -22 Dear Mr. Knapp: i Transmitted herewith lease find our Report on Storm Sewer i t P p n he vicinity of 5806 Halifax Avenue North. The work includes the relocation of an existing storm sewer over which a house has been constructed and recommendation for storm sewer facilities to relieve an undesireable ponding situation. We will be pleased to meet with you at any mutually convenient time to review any aspects of this report. Sincerely, WESTWOOD PLANNING & ENGINEERING COMPANY } Francis D. Hagen, Sr., .E. FDH /J g Enclosure r I hereby certify that this Report was prepared by me or under my direct super- vision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Francis D. Hagen, Sr. V.E. Date /90 7 Reg No 6641 8525 EDINBROOK CROSSING, BROOKLYN PARK, MINNESOTA 55443 (612) 424 -8862 (Business Office) 7415 WAY ZATA BOULEVARD, ST. LOUIS PARK, MINNESOTA 55426 (612) 546 -0155 x TABLE OF CONTENTS PAGE NO. LETTER OF TRANSMITTAL 1 TABLE OF CONTENTS 2 INTRODUCTION 3 RECOM4ENDATIONS AND CONCLUSIONS 4 FIGURE PIPE SYSTEM ANALYSIS 1 MAP OF DRAINAGE DISTRICT 2 REPLACEMENT OF STORM SEWER 3,4,5,6 i REPLACEMENT STORM SEWER ESTIMATE 7 RELIEF STORM SEWER 8 2 INTRODUCTION In June 1987, the owner of the home located at 5806 Halifax Avenue North contacted the City of Brooklyn Center to request the vacation of a portion of a i drainage and utility easement on his property. Persuant to the receipt of this request it was discovered that the home at this address had been constructed over storm sewer pipes which are located in the easement. In an attempt to modify the storm drainage system to provide a pipe system which is not located under the home, a relocation of a portion of the storm sewer was proposed. In the process of reviewing the proposal to relocate a portion of the storm sewer system in the vicinity of 5806 Halifax, the decision was made to review the storm sewer system in the larger area adjacent to this address to assess reported localized temporary ponding during storm events. Pursuant to the foregoing, a request was made to report on the following: o Review storm drainage needs for the drainage area which includes 5806 and i 5812 Halifax Avenue North as it lies upstream from 58th Avenue North based on a 10 year frequency storm. o Review 100 year frequency storm event flood level at catch basins in front of 5806 and 5812 Halifax Avenue North. o Design a storm sewer to replace existing storm sewers which lie under the house at 5806 Halifax Avenue North. o Prepare an estimate of costs to construct the above listed replacement r storm sewer. 3 RECC"=ATICNS AND CONCLUSIONS The storm sewer system as it exists at this time in the vicinity of 5806 and 5812 Halifax Avenue North will not accomodate a 10 year storm event without experiencing ponding at the catch basins located in front of the above addressed homes. The 10 year design storm event could cause ponding depths of about two feet at the catch basins in front of these homes. The depth of ponding listed above is based on assumed adequecy of catch basin inlet capacity to handle the storm drainage runoff. Present inlet capacity is not adequate, hence the ponding depths will probably be even greater. (Figures 1 & 2) 3 j A review of the effects of a 100 year design storm event indicates ponding depths even greater than those stated for the 10 year design event at the catch basins in front of the subject homes. The design of a replacement storm sewer to lie between the homes located at 5806 and 5812 Halifax Avenue North, that will carry the same amount of water flow as the existing two pipes, will require the construction of four manholes and 120 feet of 30 inch diameter pipe. Two of these manholes will be specialized structures necessary to connect to the two existing pipes. The construction of this replacement storm sewer will also require extensive landscape removal and replacement and confined working area construction techniques. (Figures 3, 4, 5) It is estimated that the above stated replacement storm sewer construction will cost $19,400. This estimate is exclusive of engineering, surveying, legal and administrative costs. (Figure 7) 4 The locational problems of the existing storm sewer at 5806 Halifax Avenue North can be resolved by t-e constructicn of a replacement sewer system which can handle an equivalent amount of storm runoff. (Figure 6) { The additional problem of pondirg at the catch basins located in front of 5806 and 5812 Halifax can be solved by the replacement of the existing system with larger pipes or by the construction of additional storm sewers including additional catch basins in the area. It is recommended that a relief storm i 3 sewer system be built from the location of its present upstream end at the intersection of Halifax Avenue and Halifax Place along Halifax to France Place and then along France Place to Northport Lake. This portion of relief storm sewer would be constructed using low head pipe up to 48 inches in equivalent size. The storm sewer pipe located along the common lot line between 5806 and 5812 Halifax could then be eliminated. The elimination of this storm sewer pipe would allow the remaining rear yard existing pipe system to handle the 10 year ill design storm in the contribute runoff area. i contributing (Figure 8) In addition, it is recommended that extensions of the storm sewer system be made r upstream of its present terminus at Halifax Avenue and Halifax Place to intercept some of the storm runoff from the extremely large area contributing to the existing catch basins located at Halifax Avenue and Halifax Place. The inlet capacity of these existing catch basins is extremely inadequate for tre expected flow from a 10 year design event. f i 4 5 '1PE 0 SYSTEM AN Brooklyn Center Improvement Project 1987 -22 Storm Sewer. Existing 10yr Design Segment Pipe Size Pipe , Size 1 - 2 15" 18 2-3 15" 30" 3-4 18" 36" 4-5 18" 36 6-5 12" & 15" 18" 5-7 18" & 24" 36„ 7-8 18" & 24" 42" '- 8-9 18" & 24" 42 , 9-10 18" & 24" 42" 10-14 30" 42" 14-23 30" 42" AM i • '%ViWE E PLANNING 3 NGINEERING COMPANY FIGURE 1 7415 WAYZATA BOULEVARD. MR,NEAPOLak MN. SS4= (#1Z 54&4151 I N rn BE HALI F A X U, .� I HALIFAX cn cn 1 s > 8 - 2 I D rn � R ' SD N DR I � o n 25 (`0) ` ' .I D - a to ADMIRAL m ' R O I$ 1; EWIN E. �. Mm L FIGURE 2 � `J ' r.�s w�rzrt. wuievu�o. rw�woiia rM. au. i.ia suo�u . . . . . . . . . . . . . . . . . 1:: ll N 1\1 IN C.; 0 M ID 1\J y I::. YT N C, WE-3 A 74:1.5 N . 5 S PlN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A A :1. 00 + L v .... .... .... .... ........ ........ .......................... ........... .... .................... ............. F 1 rtwr za t cr 4• 4 • ("IF"S c) (",J. t. . . . . . . . . . . . . . . . . . . 2 .505 f . . . . . . a .000 i. - 1 1 t 1 to F c)w. .......... 1.. 5 0 0 d) ..... 1. 000 p S, . . . . . 0 :1. .5 0 3 2 . . . . . . . . . . . . . . . . . . 0 7 (3 ; .' I ft n ni n q . . . . . . . . . . . . . . . 0 . 0 :1. Z2 P""i r 'S)l c) r) e , A. S 7i. n . F F"ul'j ......... % FIGURE 3 . . . . . . . . . . k T y ID a r k M N 5,.* 1. 4 a G' 1. i3 ) �j - - - - - ( ': " <,: 3 (. * " 5.1•6 0:1. . . . . . . . . . . . . . . . . . . . . . . . . . T n r d I.M. t A A.N A^ I A A 2 A 0 0 j. 2 . 000 T i .... .... .... .... .... .... V . . ...................... t . . . . . . . . . . . . . . . . . . C .F:* S V t . . . . . . . . . . . . . . . . . . 3 034 f of �.'2 -.J. 0 0 0 J h D t h (:) + F* . . . . . . . . . . . . . . . . . . . 3 . 000 -F L D T. 1 DiaLl-f-jr.ri.. :1. .000 c)T 0 . :1. :'.i 0 i. X Ar* . . . . . . . . . . 0 :1. 4. . . . . . . . . . . 2 A /3) . . . ... . . . . . . Manninqffi " . . . . . . . . . . . . . 0 . 0:1.2 Min. 2.4• i. n C F' 0 .:L % FIGURE 4 l C(XT:"AN' MIN. ""51. S::3 3 Mi. p J. Ml 1\1 4 1• (:;....0 1. - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0 0 in A^ n.N A A^ A N A ,j< Wia L v .... . .. .... .... ... .... .... J. r riU J. r 1 i3 I 1 1 A. f.:3 c. t. J. ........ .. - ...... .... ................................ ............ . .. .... .. ............. ... c) w r t ................. 1.4.112 (-'1:7,1.3 V c) ci t Y .................. @7 5 [M. r F PIJ. p . . . . . . . . . . . 3 0 .000 J. I'l ch c) w . . . . . . . . . . . . . . 1:) t 1 cH: (:) w .............. 17. 500 f vi�t 0 D:i. 1A t 1. 000 of 1: E . ............. 0. :1.00 % • . 0':;) q. .• . . . . . . . . . . 7 . 8 + 2 . . . . . . . . . . . . 2 . 120 M.-a n n J. n c . . . . . . . . . . . . . D 012 F 30 J. n . 0 . :1. 0:1. "Y. FIGURE 5 i i i i PROPOSED REPLACEMENT STORM SEWER \� N 0 DRAINAGE 6 UTILITY EASEMENT No Scale — FENCE------------ - - - - -- EX \\� r \ C l 5806 �\ \ Q L EXISTiNG STORM SEWER \ i X FENCE ON LINE e0 l = SCHEMATIC OF PROPOSED I REPLACEMENT STORM SEWER L ® WES7W000 PLANNING 8 ENGINEERING COMPANY FIGURE 6 1-18 AT TA MYLlYMC, YMr[AIp(D, YK f 4131 M COST AN ALYSiS REPLACEMENT STORM SEWER between 5806 & 5812 Halifax Brooklyn Center Improvement Project 1987 -22 Item Estimated Cost MANHOLES (2) 2000.00 SPECIAL MANHOLES (2) 4000.00 30" STORM SEWER (120') 8400.00 FILL EXISTING STORM SEWER 2000.00 LANDSCAPE REPAIR 3000.00 _ TOTAL $ 19,400.00 '% j V s■sui® ESTWOOD PLANNING 3 ������ GINEERING COMPANY 7415 WAYZATA BOULEVARD, MINNEAYOLM MN. 554261612► S44-MSS "JT- I F EN N ( ' NI• [ HALIFAX 3 3 0 73 HA 1Fq X Q' D 21 Co® - 3 �, R i rn O DR rn 34 � r 5 ( : - ( IDS y ADMIRAL m '� 13 ti R O EWI N V E ._ 1 WESTWOOD PLANNING & ENGINEERING COMPANY FIGURE 8 ].1! -T. wULEV�IIO. YiMM [wIOLLt, Yw. SHM i�f a s.ao�l4 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT FOR THE RELOCATION OF A STORM SEWER WITHIN THE PUBLIC UTILITY EASEMENTS BETWEEN LOTS 46 AND 47, BLOCK 6, PEARSON'S NORTHPORT 3RD ADDITION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that: 1. The proposed agreement between James P. Andrescik and Joan K. Andrescik, husband and wife; and Twila Rubenstein, a single person; and the City of Brooklyn Center to resolve the conflicts resulting from the intrusion of the houses locted at 5806 Halifax Avenue North and at 5812 Halifax Avenue North into the existing public utility easements is hereby approved. 2. The Mayor and City Manager have hereby authorized and directed 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. AGREEMENT THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between James P. Andrescik and Joan K. Andrescik, husband and wife, hereinafter referred to as "ANDRESCIK "; and Twila Rubenstein, a single person, hereinafter referred to as "RUBENSTEIN "; and the City of Brooklyn Center, a municipal corporation in the State of Minnesota, hereinafter called the "CITY ", witnesseth that: WHEREAS, ANDRESCIK is the owner of certain real property lying and being in Hennepin County, Minnesota, legally described as: Lot 46, Block 6, Pearson's Northport 3rd Addition, Hennepin County, Minnesota commonly known as 5806 Halifax Avenue North Brooklyn Center, Minnesota, hereinafter refered to as "ANDRESCIK" Property; and WHEREAS, RUBENSTEIN is the owner of certain real property lying and being in Hennepin County, Minnesota, legally described as: Lot 47, Block 6, Pearson's Northport 3rd Addition, Hennepin County, Minnesota commonly known as 5812 Halifax Avenue North, Brooklyn Center, Minnesota, hereinafter refered to as "RUBENSTEIN Property; and 2 WHEREAS, there exist public utility easements across the Northerly 15 feet of the ANDRESCIK Property and across the Southerly 15 feet of the RUBENSTEIN Property, as described in the plat and dedicated in Pearson's Northport 3rd Addition, Book 1134 of Plats, page 1; and WHEREAS, the CITY has previously constructed one 18 inch diameter storm sewer i e and - p p one 24 inch diameter storm sewer pipe within the limits of the public utility easements; and WHEREAS, the house constructed on the ANDRESCIK Property has encroached into the public utility easement and is located above both of the CITY'S storm sewers; and WHEREAS, the house constructed on the RUBENSTEIN Property has encroached into the public utility easement; and WHEREAS, it is in the best interests of all parties hereto to resolve and redefine the easement and to eliminate these encroachment problems; and WHEREAS, the CITY has initiated consideration of an ordinance which, if adopted, will vacate those portions of the easements which lie under the two houses; and 3 WHEREAS, the CITY has conducted a study which proposes to replace the existing storm sewers by constructing a new 30 inch diameter bypass storm sewer within the remaining portions of the public utility easements, as shown in "Figure 6 - Schematic of Proposed Replacement Storm Sewer" as prepared by the Westwood Planning and Engineering Company, a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, it is agreed as follows: 1. That, prior to adoption of the ordinance vacating those portions of the public utility easements which lie under the two houses, ANDRESCIK will rant to the CITY a temporary easement g P y see Exhibit B attached) which will allow the continued operation and maintenance of the existing storm sewers until such time as the proposed bypass storm sewers are constructed and placed into full operation. 2. That the CITY will adopt the ordinance vacating those portions of the existing public utility easements which lie under the two houses. 4 3. That the CITY will prepare plans and specifications for construction of the proposed bypass storm sewer, will advertise for bids for said improvement, and will award a contract for construction of said improvement to the lowest responsible bidder, all in accordance with laws relating to municipal construction contracts. Said contract shall require completion of the improvement on or before September 15, 1988. Work to be completed under this contract shall include filling those portions of the existing storm sewers which are to be abandoned and left in place and shall include repair or restoration of existing landscape features (i.e. topsoil and sod, plantings, fences, retaining walls, etc.) which are damaged or destroyed. In addition, the contract shall also require the contractor to take all precautions necessary to prevent damage to existing structures, real properties or personal properties, and to purchase and maintain a policy of insurance which will protect him and the CITY from any claims which may arise out of or result from the contractor's operations under the contract. 4. That ANDRESCIK will reimburse the CITY for all costs incurred for work completed under the construction contract (current cost estimate = $19,400.00). Other costs, including engineering, legal and administrative services and capitalized interest costs (current 5 cost estimate = $2,350.00) will be paid by the CITY without reimbursement from either ANDRESCIK or RUBENSTEIN. 5. That ANDRESCIK, in order to assure reimbursement of the CITY'S costs for construction of the bypass storm sewer, hereby submits an Irrevocable Letter of Credit (see Exhibit C attached) in the total amount of $29,100.00 which is equal to one and one -half times (1 1 /2x) the estimated contract amount. The CITY'S claims for ym a ent from said letter of credit shall P be limited to reimbursement for construction contract payments. Upon completion of the project and receipt of full reimbursement for construction contract payments the CITY will authorize release of the letter of credit. 6. That ANDRESCIK and RUBENSTEIN hereby waive any claim for liability which they may believe the CITY has incurred as a result of previous action(s) of the CITY relating to acquisition of the existing easements, installation of the existing storm sewers, issuance of building permits, or any other action which relates to the development and existence of current conditions. 6 7. That ANDRESCIK hereby waives any claim for loss of damage which may occur in the future as the result of the abandonment inplace of those portions of the existing storm sewer which are to be bypassed under the terms of this agreement. Upon terminaion of the CITY'S temporary easement described in paragraph 1 hereof, all right, title and interest of the CITY to that portion of the storm sewer pipes lying within the area of said easement shall cease and said portion of storm sewer pipes shall become and remain the property of the owners of the ANDRESCIK Property, and the CITY shall have no further right, title or interest therein or responsibility therefor. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 1987. ANDRESCIK by James P. Andrescik and by Joan K. Andrescik RUBENSTEIN by Twila Rubenstein CITY b Dean Nyquist, Mayor and by Gerald G. Splinter, City Manager L1 PROPOSED REPLACEMENT \ STORM SEWER \ \ \ o \ Z 5$I2 DRAINAGE 8 UTILITY EASEMENT �� \ No Scale \ FENCE EXISTING STORM SEWER ON PROPERTY LINE C Q 5806 -------------- - - - - -- -- ----- - - - - -� \ EXISTING STORM SEWER \ X FENCE ON LINE m cy a SCHEMATIC OF PROPOSED REPLACEMENT STORM SEWER WESTW000 PLANNING 3 ENGINEERING COMPANY F IGURE 6 —$ wAn TA Ao-"v O. M"*Aro� M Lass Za a - -- - - -= EXHIBIT A i IRREVOCABLE LETTER OF CREDIT NO. Dated this day of , 1987 AMOUNT $ TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430, hereinafter called the City. FROM: (insert name and address of financial institution) ,hereinafter called the Bank. RE: James P. and Joan K. Andrescik 5806 Halifax Ave., N. Brooklyn Center, MN 55430, hereinafter called the Developer. The City is a Municipal Corporation under the laws of the State of Minnesota and on the day of , 19 , approved the following project: Construction of a new storm sewer and abandonment of existing storm sewer between 5806 Halifax Avenue North and 5812 Halifax Avenue North in Brooklyn Center. As a condition of such approval, the City has required the execution by the Developer of an Agreement, a copy of which is attached hereto as Attachment One, (the "Agreement ") and has required a Financial Guarantee to insure the construction described in the Agreement. The Developer has made application to the Bank for a letter of credit, a copy of which is attached hereto and made a part hereof by reference, to be used as the said Financial Guarantee. The Bank is chartered to conduct bank business within the State of Minnesota at the address above indicated, and is empowered to issue letters of credit. By the signature of , Commercial Loan Officer of the Bank endorsed hereon, this document is an irrevocable letter of credit under the Uniform Commercial Code, MSA 11336.5. This letter of credit shall remain irrevocable until cancelled by one of the following methods: 1) By appropriate written cancellation executed by proper officials of the City of Brooklyn Center; 2) At any time after the project completion date, the day of , 19_, the Bank may serve the City by certified mail, its written intention to cancel this letter of credit. Cancellation shall be effective on the 31st day after notice of cancellation is received. EXHIBIT B Any Documentary Demand for Payment delivered to the Bank within the said thirty -(30) day period shall be honored under this letter of credit, regardless of any extensions of time previously granted by the City to the Developer beyond the above -named date. Upon delivery by Registered Mail of a Documentary Demand for Payment at the office of the Bank above described, the Bank will, on or before the fourth (4th) business day after such delivery, pay to the City by Registered Return Mail, the amount demanded in the Documentary Demand for Payment, not to exceed the amount of this letter of credit above stated. The Documentary Demand for Payment shall consist of the following documents: 1) The Agreement signed by the Developer and the City, together with the Minutes of the City Council meeting approving the project. 2) A certificate signed by the City Manager stating that reimbursement is due under the terms of the Agreement and the amount thereof. Any funds received by the City pursuant to this letter of credit shall be used only for the improvements described herein, but including legal, engineering, planning and other administrative costs, if any, incurred by the City in exercising its rights under this letter of credit. Any excess funds remaining on deposit with the City after completing the improvements, after subtracting the legal, engineering, planning and other administrative costs, if any, shall be returned to the Bank. Yours truly, Commercial Loan Officer 00071L01 .E19 . 19 2 EASETIENT THIS AGREEMENT made this day of , 1987, between James P. Andrescik and Joan K. Andrescik, husband and wife, party of the first part, and the City of Brooklyn Center, a Minnesota municipal corporation, party of the second part; WITNESSETH: That the party of the first part in consideration of the sum of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant and convey unto said party of the second part, its successors and assigns, the following described temporary easement lying over, under, across and through part of the below described parcel of land lying and being in the County of Hennepin, State of Minnesota, to -wit: DESCRIPTION OF PARCEL Lot 46, Block 6, Pearson's Northport 3rd Addition, according to the plat on file of record in the office of the County Recorder, Hennepin County, Minnesota; and that part of Lot 47, Block 6 of said Pearson's Northport 3rd Addition, Commencing at the northwest corner of Lot 46, Block 6, Pearson's Northport 3rd Addition, thence North 89 degrees 58 minutes 21 seconds East, assumed bearing, along the North Line of said Lot 46 a distance of 47.73 feet to the point of beginning; thence North 89 degrees 58 minutes 21 seconds East, along the south line of said Lot 47, a distance of 11.15 feet; thence North 3 degrees 06 minutes 00 seconds West a distance of 0.60 feet; thence South 86 degrees 54 minutes 00 seconds West a distance of 11.14 feet to the point of beginning. EXHIBIT C 0 DESCRIPTION OF EASEMENT A temporary drainage and utility easement for the maintenance, repair and operation of storm sewer pipes lying over, under, across and through that portion of the above parcel described as follows: Commencing at the northwest corner of said Lot 46, thence North 89 degrees 58 minutes 21 seconds East, assumed bearing, along the North line of said Lot 46 a distance of 47.73 feet to the actual point of beginning; thence North 89 degrees 58 minutes 21 seconds East, continuing along said North line, a distance of 29.16 feet; thence South 03 degrees 06 minutes 00 seconds East, a distance of 15.62 feet to the south line of said drainage and utility easement; thence South 89 degrees 58 minutes 21 seconds West along said south h line, a distance of 43.54 feet; thence North 3 degrees 06 minutes 00 seconds West a distance of 14.25 feet; thence North 86 degrees g es 54 minutes 00 seconds East, a distance of 14.35 feet to t he o p int of beginning. g Together with that part of Lot 47, Block 6, said PEARSON'S NORTHPORT 3RD ADDITION described as beginning at the above described point of beginning; thence North 89 degrees 58 minutes 21 seconds East, along the south line of said Lot 47, a distance of 11.15 feet; thence North 3 degrees 06 minutes 00 seconds West a distance of 0.60 feet; thence South 86 degrees 54 minutes 00 seconds West a distance of 11.14 feet to the point of beginning. Said easement shall run until and then terminate. Upon termination of this easement, all right, title and interest of the City to that portion of city storm sewer pipes lying within the easement area shall cease and said portion of the storm sewer pipes shall become and remain the property of the owners of the easement area, and the City shall have no further right, title or interest therein or responsibility therefor. This Instrument Drafted By: State Deed Tax Due Herein: LeFevere, Lefler, Kennedy, $ O'Brien & Drawz a Professional Association 2000 First Bank Place West Minneapolis, Minnesota 55402 2 IN TESTIMONY WHEREOF, the parties have hereunto set their hands this day of , 19 James P. Andrescik Joan K. Andrescik STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) This instrument was acknowledged before me this day of , 1987, by James P. Andrescik and Joan K. Andrescik, husband and wife. Notary Public 0007EZO1.E19 3 CITY OF BROOKLYN CENTER 0 Notice is hereby given that a public hearing will be held on the 9th day of November , 1987 at 7:30 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating An Easement in Lots 46 and 47, Block 6, PEARSON'S NORTHPORT 3RD ADDITION Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to :Hake arrangements. ORDINANCE NO. AN ORDINANCE VACATING PORTIONS OF THE PUBLIC UTILITY EASEMENTS LOCATED ON LOTS 46 AND 47, BLOCK 6, PEARSON'S NORTHPORT 3RD ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The following described drainage and utility easements in Lots 46 and 47. Block 6, PEARSON'S NORTHPORT 3RD ADDITION according to the plat on file of record in the office of the County Recorder Hennepin County Minnesota are herebv vacated: Commencing at the northwest corner of said Lot 46, thence North 89 degrees 58 minutes 21 seconds East assumed bearing along the North line of said Lot 46 a distance of 47.73 feet to the actual point of beginning; thence North 89 degrees 58 minutes 21 seconds East continuing along said North line, a distance of 29.16 feet; thence South 03 degrees 06 minutes 00 seconds East, a distance of 15.62 feet to the south line of said drainage and utility easement:_ thence South 89 degrees 58 minutes 21 seconds West along said south line, a distance of 43.54 feet: thence North 3 degrees 06 minutes 00 seconds West, a distance of 14.25 feet, North 86 degrees 54 minutes 00 seconds East, a distance of 14.35 feet to the point of beginning Together with that Part of Lot 47 Block 6 said PEARSON'S NORTHPORT 3RD ADDITION described as beginning at the above described point of beginning: thence North 89 degrees 58 minutes 21 seconds East along the south line of said Lot 47, a distance of 11.15 feet thence North 3 degrees 06 minutes 00 seconds West a distance of 0.60 feer• thence South 86 degrees 54 minutes 00 seconds West a distance of 11.14 feet to the point of beginning And together with that Part of Lot 47 Block 6-said PEARSON'S NORTHPORT 3RD ADDITION described as beginning at the southwest corner of Lot 47• thence North 89 degrees 58 minutes 21 seconds East assumed bearing along the south line of said Lot 47 a distance of 32.09 feet-, thence North 00 degrees O1 minutes 39 seconds West, a distance of 9 52 feet to the actual point of beginning: thence North 02 degrees 53 minutes 40 seconds West a distance of 5.49 feet to the north line of said drainage and utility easement: thence North 89 degrees 58 minutes 21 seconds East along said North line a distance of 25.53 feet: thence South 02 degrees 53 minutes 40 seconds East a distance of 4.21 feet: thence South 87 degrees 06 minutes 20 seconds West a distance of 25.50 feet to the point of beginning_ ORDINANCE NO Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adapted this day of Mayor ATTEST: Clerk Date of Publication Effective Date MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: November 4, 1987 SUBJECT: Charter Amendment Regarding Full -time Fire Chief The city council authorized a full -time fire chief in the 1988 budget. Certain housekeeping changes in the city charter must be made before a full -time chief can be hired (see the attached ordinance amending the charter). Proper procedure is to have the council refer this amendment to the charter commission for its review. The charter commission should then recommend that the city council enact the charter amendment by ordinance. Please reference section 5.09 of the city charter for further details on the proper procedure for making a charter amendment. LeF(wcre I_eHer Kenl -4 ( 11 Drawn a Professional Association 2000 First Bank Place West November 5, 1987 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Ms. Geralyn Barone Clayton L. LeFevere Personnel Coordinator Herbert P. Lefler City of Brooklyn Center J. Dennis O'Brien John E. Drawz 6301 Shingle Creek Parkwav David J. Kennedy Brooklyn Center, MN 55430 Joseph E. Hamilton John B. Dean Glenn E. Purdue Re: Charter Amendment Procedure Richard J. Schieffer Charles L. LeFevere gear Ms. Barone: Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt You have asked for a description of the procedure to be Dayle Nolan followed in the adoption of a charter amendment by John G. Kressei p 1 Steven B. Schmidt ordinance. There are two means of accomplishing such an James M.Strommen amendment. The first involves the initiation of a ,fMld P. Bard n charter amendment by the City Council. Under Minnesota R. Skallerud Statutes, §410.12, subd. 5. The steps in this procedure Rodney D. Anderson are as follows: Corrine A. Heine David D. Beaudoin Paul E. Rasmussen 1 • The City Council adopts an ordinance to submit a Steven M. Taller proposed charter amendment to the voters. Mary Frances Skala Christopher J. Harristhal Timothy J. Pawlenty 2. The ordinance is submitted to the Charter Commission Rolf A.Sponheim for review and comment (which may take up to 150 Julie A. Bergh days) . 3. The Charter Commission makes its report to the City Council either approving or rejecting the proposed amendment or suggesting a substitute amendment. 4. The Council submits the question of the charter amendment to the voters. This may be either the original proposed amendment or a revision suggested by the Charter Commission. 5. An election is held following at least two weeks published notice. If 51% of the votes cast are in favor of the amendment, the amendment passes and is filed with the Secretary of State and County Recorder. The amendment becomes effective 30 days after the election, unless a later time is specified in the ordinance. Ms. Geralyn Barone November 5, 1987 Page 2 The more streamlined and less expensive procedure would be for the Charter Commission to recommend the enactment of an ordinance under Minnesota Statutes, 5410.12, subd. 7, by unanimous adoption of an ordinance without an election. The steps in this procedure are as follows: 1. The Charter Commission recommends adoption of a charter amendment by ordinance. 2. In response to the recommendation of the Charter Commission, the City Council holds a public hearing on two weeks notice which contains the text of the proposed amendment. 3. The Council adopts the proposed amendment by unanimous vote. The ordinance is then published, filed with the Secretary of State and County Recorder and becomes effective 90 days after passage and publication, or any later date which is specified in the ordinance. Under this second procedure there is generally no election, although the matter is subject to a reverse referendum on the petition of qualified voters equal in number to 2% of the total number of votes cast in the last state general election. If you have any further questions on these procedures, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:rsr CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending the Brooklyn Center City Charter. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 6.02, Subdivision 3. (b) of the Brooklyn Center City Charter is hereby amended as follows: Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER Subdivision 3. (b) The Fire Chief [shall be a volunteer who] shall be appointed from the members of the Volunteer Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this subdivision. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adopted this day of Mayor ATTEST: Clerk Date of Publication Effective Date M & C No. 87 -19 November 6, 1987 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Final Agreement for Local Issues Addendum to Local 49- City of Brooklyn Center Labor Agreement To the Honorable Mayor and City Council: Attached please find a copy of the following documents: A letter from myself to the Local 49 Union Business Agent, a document dated 11/2/87 indicating the changes to Article B -II Sick Leave and Article B -VII Standby Pay, and a final copy of the new proposed local addendum to our labor agreement with Local 49. Last week I reached final agreement with Local 49 on our local addendum to our contract. The term of the agreement on the local addendum is from January 1, 1987 terminating on December 31, 1989. The basic changes in the language of the addendum as a part of the new agreement involve the sick leave section and the standby pay section. In the sick leave section the addendum is changed to read the same as our personnel ordinance as it relates to the use of sick leave and an allowance for a maximum of four days use of sick leave for care of employee's children or spouse, and a dropping of the language in the procedures section of the sick leave article as it relates to absences in excess of three working days for statement of illness by medical practitioner. In the standby section we are making the changes necessary to allow for five hours of overtime pay for standby purposes over weekends rather than the existing language allowing for four hours standby pay. As a part of the agreement I have agreed to put in writing to the union (see attached letter) a statement that I will recommend to the City Council the opening of the labor agreement for further negotiations if, during the term of this agreement, the City of Brooklyn Center offers an additional paid holiday to any organized or nonorganized group of employees. Also covered in the attached letter is a written statement as to our policy and current practice in paying maintenance III rates when employees maintain and operate maintenance III equipment. I believe the settlement represents a fair agreement and recommend it for your approval. Res ect ully submitted, Gera G. Splinter, City anager CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 C E NT ER TELEPHONE 561 -5440 ENTE EMERGENCY- POLICE - FIRE 911 November 9, 1987 Mr. Tim Connors Area Business Representative International Union of Operating Engineers Local 49 2829 Anthony Lane South Minneapolis, Minnesota 55418 Dear Mr. Connors: As per our recent discussions regardin an ag reement g g to settle our local addendum contract with Local 49, I am writing this letter to document my commitment to ask the City Council to reopen the local addendum section of this contract should any other organized or nonorganized group of employees in the City of Brooklyn Center receive additional holiday benefits during the term of the local addendum agreement. Also as a part of our discussion, I am confirming that it is the administrative policy of the City to pay maintenance III rates for up to two hours when an assigned employee is servicing or making inor g g repairs o n P a maintenance III rated piece of equipment the will operate Y p rate during a given day. I hope this serves to confirm our understanding with regard to this agreement. Thanking you for your patience and efforts in achieving this agreement, I am Sincerely, Gerald G. Splinter City Manager CITY OF BROOKLYN CENTER �cF 11 -2 -87 PROPOSED AMENDMENTS TO APPENDIX B, LOCAL ADDENDUM TO MASTER LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND IUOE LOCAL 49 ARTICLE B -II SICK LEAVE b. Usage Sick leave may be used [only] normally for absence from duty because of personal illness, injury, or legal quarantine of the employee or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, [wife] spouse or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents - in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4 ) days ( 3 2 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence The four (4) special use days (32 hours) cannot be accumulated from one year to the next and if they are not used, they are included in the employee's normal sick leave accumulation d. Procedure In order to be eligible for sick leave with pay, employees must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. 3. Furnish a statement from a medical practitioner upon the request of the Employer (for absences in excess of three (3) work days, or] where the Employer has reason to believe that an employee has abused or is abusing sick leave. ARTICLE B -VII STANDBY PAY a. Public Utility employees who are designated by their Supervisor to serve in a "standby" status on behalf of the City on a weekend [Saturday, Sunday, or Holiday] will receive as compensation for such service five (5) hours of overtime Pay for the period beginning the end of the work day on Friday nd ending the start of the work day o y g y n Monday when serving in such status. Public Utility employees who are designated by their Supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each [day] holiday served in such status. Such standby pay shall be in addition to other compensation which the employee is entitled to under this AGREEMENT. (Underline indicates new material, brackets indicate material to be deleted.) APPENDIX B LOCAL ADDENDUM This supplementary agreement is entered into between the City of Brooklyn Center and the International Union of Operating Engineers, Local No. 49, AFL - CIO, for the period beginning January 1, 1987, and terminating on December 31, 1989, unless renewed or extended by mutual agreement of the parties. Nothing in this supplementary agreement may be in conflict with any provision of the MASTER AGREEMENT between MAMA, the City of Brooklyn Center, and IUOE, Local No. 49, AFL -CIO. In the event of conflict the MASTER AGREEMENT will prevail. ARTICLE B -I RELIEF AND MEAL PERIODS a. Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each employee's shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. b. Each employee shall be authorized one unpaid thirty (30) minute meal period per shift. ARTICLE B -II SICK LEAVE a. Eligibility Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight hours for each calendar month of full -time service or major fraction thereof, except that sick leave ranted probationary g p nary employees shall not be available for use until satisfactory completion of the initial probationary period. b. Usage. Sick leave may be used normally for absence from duty because of personal illness, injury, or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in- law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents-in- law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick leave accumulation. B -1 c. Accrual Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated and at the rate of four hours per month after the 960 hours have been accumulated. Employees using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due employees during sick leave. d. Procedure In order to be eligible for sick leave with pay, employees must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. 3. Furnish a statement from a medical practitioner upon the request of the Employer where the Employer has reason to believe that an employee has abused or is abusing sick leave. e. Misuse Prohibited Employees claiming sick leave when physically fit, except as otherwise specifically authorized in ARTICLE B -II, b shall be subject to disciplinary action up to and including discharge. ARTICLE B -III SEVERANCE. PAY Severance pay in the amount of one -third the accumulated sick leave employees have to their credit at the time of resignation shall be paid to employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. ARTICLE B -IV VACATION LEAVE a. Amount Permanent employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Permanent employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. B -2 b. Usage Vacation leave may be used as earned, except that the EMPLOYER shall approve the time at which the vacation leave may be taken. No employee shall be allowed vacation leave until after satisfactorily completing his initial probationary period. Employees shall not be permitted to waive vacation leave and receive double pay. C. Accrual An employee may accumulate no more than 200 hours of vacation in addition to the vacation leave the employee earns during the current calendar year. d. Termination Provisions Employees leaving the service of the EMPLOYER in good standing, after having given the EMPLOYER proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. ARTICLE B -V HOLIDAY LEAVE a. Holidays Defined Holiday leave shall be granted for the following holidays. New Year's Day, January 1; Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post - Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the employee's supervisor. Floating holidays must be taken within the calendar year; they cannot be accumulated. b. When New Year's Day, Independence Day, Veteran's Day or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. y Employees absence from work on the day following or the day preceding such a three -day holiday weekend without the express authorization of the EMPLOYER shall forfeit rights to holiday pay for that holiday. C. Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one - half for the hours worked in addition to the base pay rate. ARTICLE B -VI COVERALLS a. The EMPLOYER will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the EMPLOYER. Mechanics shall be provided coveralls. B -3 ARTICLE B -VII STANDBY PAY a. Public Utility employees who are designated by their Supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five (5) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility employees who are designated by their Supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the employee is entitled to under this AGREEMENT. ARTICLE B -VIII PART -TIME EMPLOYEE BENEFITS Part -time employees shall not be eligible to receive fringe benefits under this AGREEMENT. CITY OF BROOKLYN CENTER FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49: DATED DATED B -4 It T MENT a h TO: MAYOR NYQUIST AND MEMBERS OF'THE CITY COUNCIL GERALD G. SPLINTER, CITY MANAGER FROM: DEPARTMENT OF FINANCE DATE: OCTOBER 29, 1987 SUBJECT: ANNUAL FINANCIAL AUDIT PROPOSALS During the 1988 Annual Budget discussions, I was directed to request proposals from qualified certified public accounting firms to conduct the annual audit of the financial statements and transactions of the the City. I have prepared a request for proposals which I have attached to this memo. At the • City Council meeting of November 9th, I will ask your approval to mail the request for proposals to six certified public accounting firms who have either expressed an interest in performing the audit or who I feel are well qualified to perform the audit. It is my intent to mail the proposals on November 10th and ask that they be returned by November 30, 1987. The certified public accounting firms that will be asked to submit proposals are: Seifert, Betts & Co., LTD Delloitte, Haskins, & Sells George M. Hansen Company, PA Peat, Marwick, Mitchell & Co. Mc Gladrey, Hendrickson & Pullen Stuart J. Bonniwell, CPA I will be asking the Council's direction on how we should present the proposals to the Council. The City Manager and I could present all the proposals without recommendation, narrow the selection down to two or more, rank all of the proposals, or whatever method that the Council chooses. We would hope to award the contract at an early December Council meeting. Respectfully submitted, Paul W. Holmlund, Director of Finance (WAUDIT) i f I CITY 6301 SHINGLE CREEK PARKWAY . of BROOKLYN CENTER, MINNESOTA 55430 B ROOKLYN I TELEPHONE 561 -5440 CENTER EMERGENCY - POLICE - FIRE 911 November 10, 1987 REQUEST FOR PROPOSAL --------------- - - - -- The City of Brooklyn Center is requesting proposals from qualified C.P.A. firms to conduct an audit of the annual financial statements and transactions of the City. If your firm desires to submit such a proposal, please complete the attached quotation sheet and return it to Paul W. Holmlund, Director of Finance, by the close of business on November 30, 1987. If you have any questions about the ualit of the accounting records of the q Y g City, Paul Holmlund or Charles Hansen, Assistant Director of Finance, would be happy to set up a meeting with you at your convenience. I have enclosed a copy of the most recent audited comprehensive annual financial report for your review. Thank you. Gerald G. Splinter City Manager (WAARFP) Attachments "' roea w uueiu arr : r (VVAARFP1) CITY OF BROOKLYN CENTER, MINNESOTA REQUEST FOR PROPOSAL TO PROVIDE EXTERNAL AUDITING SERVICES, INCLUDING AN AUDITOR'S OPINION LETTER --------------------------------------------------------------------------------- 1. Scope of 1987 and /or 1987 through 1989 Fiscal Year Audits --------------------------------------------------------- A. All funds of the City of Brooklyn Center. (See attached 1986 Financial Statements.) No significant funds have been added during fiscal year 1987; however, an Economic Development Authority has been established and will conduct activities previously conducted by the Housing and Redevelopment Authority. B. The engagement will include such procedures as required by appropriate federal, state, and other regulatory agencies. 2. Time Considerations ------------------- A. The City will prepare the basic financial statements, with the advice and consent of the Auditor, on its own word processing equipment by March 31, 1988. B. The Auditor will have an additional 20 days to conclude and furnish an opinion to the end that the finished Comprenhensive Report may be • produced and distributed not later than May 30, 1988. C. Various phases of the work may be done at the Auditor's convenience any time after selection by the City Council. 3. Alternate Proposals ------------------- A. The City is desirous of considering either a one -year agreement for fiscal year 1987 and /or a three -year contract for 1987 through 1989. B. The City is also desirous of the rates to be charged for any additional services rendered for special assignments outside the scope of the normal audit. 4. The City reserves the right to make the selection on any combination of factors in the proposal. The selection is not necessarily restricted to the lowest cost proposal. • (WAARFP2) CITY OF BROOKLYN CENTER, MINNESOTA PROPOSAL FORM ----------- - - - - -- ANNUAL FINA14CIAL AUDIT FOR THE THE CITY OF BROOKYN CENTER ----------------------------------------------------------- 1. Firm Name: 2. List the personnel who would be involved in the examination and their position in your firm and provide a brief description of their educational and professional experience with particular emphasis on experience in auditing governmental units. Indicate whether these individuals are members of the American Institute of Certified Public Accountants (AICPA), state CPA societies, the Government Finance Officers Association (GFOA), or other applicable professional associations. (Provide attachments if necessary.) 3. Briefly describe your firm's professional development philosophy, including the approximate number of days of continuing professional education provided Pp o n o essional e u ation Y g P P to members of our firm annually. I addition, In adds io indicate the number of days Y Y• � s Y of specialized training in governmental auditing and accounting provided to personnel listed in Item 2 above during the last three years. Also indicate whether the continuing professional education program of your firm is . internal or external in nature. 4. Describe the participation of your firm in state audit advisory board activities or state CPA society governmental accounting committee activities during the last three years. 5. Does your firm have a specialized group of people who review audit reports internally prior to their issuance? If so, briefly describe the nature and operation of this function. 6. Does your firm have specialized audit programs and internal control questionnaires for governmental units? If yes, please attach samples. -1- r PROPOSAL FORM ANNUAL FINANCIAL AUDIT FOR THE THE CITY OF BROOKYN CENTER --------------------------------------------------------------------------------- 7. Please list the Minnesota municipal clients which your firm has audited in any of the fiscal years 1984 through 1987. 8. Would personnel of your firm be willing to assist our personnel in efforts to maintain the GFOA Certificate of Achievement for Excellence in Financial Reporting? 9. Please list your Minnesota municipal clients that have received the GFOA Certificate of Achievement for Excellence in Financial Reporting for fiscal years 1984 through 1987. 10. Please list your clients, if any, that are members of Local Government Information Systems (LOGIS) or are members of a similar system. 11. Does your firm have a personnel rotation policy? If so, please explain that policy. . y 12. Would a management recomnendation letter be issued in conjunction with the proposed examinination? 13. What is the estimated delivery date of the audit report and other related items to be issued in connection with the examination? 14. What would you require of our personnel in connection with the examination, and what w ? would be the approximate time demand on them. 15. Quotation of 1987 Audit: $ (Include all costs assuming the City types and produces the report.) 16. Quotation for 1987, 1988, and 1989 Audits for three year contract. 1987: $ 1988: $ 1989: $ (Include all costs assuming the City types and produces the report.) -2- r PROPOSAL FORM ANNUAL FINANCIAL AUDIT FOR THE THE CITY OF BROOKYN CENTER --------------------------------------------------------------------------------- 17. Quotations for special engagements: A. Partner per hour $ B. Manager per hour $ C. Senior auditor per hour $ D. Other classification per hour $ E. Other expenses $ Quotation prepared by Date -3- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator' E DATE: November 4, 1987 SUBJECT: Recommendation from Park and Recreation Commission to Amend the Advisory Commission Bylaws At its October 27, 1987, meeting, the park and recreation commission recommended to the city council the following amendment to the advisory commission bylaws: Article VII. General Provisions No member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first [considered and approved such statements] discussed the subject and said member is communicating the ideas or issues agreed to by the Commission i PARK AND RECREATION COMMISSION MINUTES handicapped. He added there is a joint venture with the cities of Plymouth and Crystal for working with older mentally retarded citizens and said some things are being done, but more probably could be done. OTHER BUSINESS Councilmember Hawes asked if a decision has been made on which ice rinks will be open this winter. The Director of Recreation said the same ones as last year will be open, and he will report back to the commission next year on the usage of these rinks. There was some discussion on the use of rinks during 1986/1987, and the Director of Recreation said because last winter was not an average Minnesota winter, the City is waiting one more year to review the usage statistics. Chairman Sorenson referenced the letter he received from the city manager regarding the Twin Lake parking area. He felt the City was very negative on the request. He added that it is a little late now to do any more, especially since a feasibility study will be conducted for the area next year. Commissioner Propst laid three baseballs on the table and announced that this is an example of what is happening in his neighborhood from the Little League Park; that is, baseballs are being hit out of the Little League field into his yard. He wondered if the city council talked about the problem, and Councilmember Hawes said the council did talk about it but took no action. Commissioner Propst said the traffic problem occurs mostly during the Little League games and a blind corner is created. He said a City monitor was out looking at the area after the Little League season was completed instead of during the s o season. The Recording Secretary said she will bring this is to Y g the attention of the Administrative Traffic Committee. The Director of Recreation said he knows the area was monitored during the Little League season. The Recording Secretary will g Y ask the Administrative Traffic Committee to review the "Stop" P sign request and the problem with baseballs. Chairman Sorenson asked if anything had been decided regarding 69th Avenue North, in particular, the issue of taking part of the Palmer Lake trail system when 69th Avenue North is reconstructed. The Recording Secretary said she will inform the Administrative Traffic Committee that the Park and Recreation Commission wishes to be consulted if and when 69th Avenue North is reconstructed, particulary in relation to what will happen with the southwest part of the Palmer Lake area and its trails. Chairman Sorenson referenced the action the city council took to the resolution and bylaws of the commission. He feels there still remains a direct conflict with subdivision 6 in the resolution regarding the chairperson and article VII of the bylaws. There was some discussion on the limits placed on the 0 [ amend -15 -87 -6- PARK AND RECREATION COMMISSION MINUTES commission by article VII and Commissioner Propst asked for clarification of the chairman's concern. Chairman Sorenson said he feels the bylaws restrict him as chairman. Commissioner Peterson said he agrees with the Chairman and feels the language should be more specific. Commissioner Propst again asked the Chairman to clarify what precisely the problem is and to prepare alternatives that would be more satisfactory. Chairman Sorenson said he feels if he is asked a question at a city council meeting while representing the commission, he would have to go back to the commission for an answer before responding to the council. The commission requested this item be placed on the next agenda. In the meantime, the commissioners should think of other proposals that would respond to Chairman Sorenson's concerns. Commissioner Peterson said the commission may need to get an attorney to say exactly what it wants to say. Councilmember Hawes said this is not necessarily true. Chairman Sorenson suggested the commission may wish to delete article VII completely, and Commissioner Propst said he would like to look at this more closely. This item will be further discussed at the next meeting. The Director of Recreation reported on the past year's activities for Entertainment in the Parks. He felt the program was a big success this year and reported the attendance doubled from the previous year. The City has obtained a grant for partial funding for 1988, although this will be the last year a grant will be available from the Metropolitan Council. The Director of Recreation added the Lions Club, the Rotary Club, and the city council have been very generous to the Entertainment in the Parks program. Chairman Sorenson said this has been a great program. ADJOURNMENT There was a motion by Commissioner Propst and seconded by Commissioner Peterson to adjourn the meeting. The motion passed. The Brooklyn Center Park and Recreation Commission adjourned at 9:10 P.M. Chairman 9 -15 -87 -7- MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 27, 1987 CITY HALL CALL TO ORDER Chairman Sorenson called the meeting to order at 7:30 p.m. ROLL CALL Chairman Sorenson, Commissioners Peterson, Propst, Burnes, and Skeels. Also resent were Councilmember P cilmember Bill Hawes, Director of Recreation Arnie Mavis, and Recording Secretary Geralyn Barone. Commissioners Manson and Krefting were excused from this evening's meeting. APPROVAL OF MINUTES - SEPTEMBER 15 1987 There was a motion by Commissioner Burnes and seconded by Commissioner Peterson to approve the minutes of the September 15, 1987, Park and Recreation Commission meeting. The motion passed. FACILITY NEEDS Chairman Sorenson tabled this item to the next Park and Recreation Commission meeting. RESOLUTION /BYLAWS Chairman Sorenson referred the commission to article VII regarding authorization to speak on behalf of the commission. Commissioner Peterson said there is too much ambiguity in this article. Chairman Sorenson said his problem with this article is that the commission must first consider and approve any statements, so in essence, commissioners are prohibited from speaking. Commissioner Propst asked if anyone was able to prepare an alternative to this article, and no one responded. Councilmember Hawes suggested Chairman Sorenson may be reading too much into the article. Chairman Sorenson responded saying the article says in plain English that statements must be approved. Councilmember Hawes said no one will condemn a commissioner for speaking on behalf of the commission, and the intent in the article is clear. Chairman Sorenson agreed the intent is clear, but the wording does not say this. Commissioner Propst asked if Chairman Sorenson wants members to feel free to express their individual opinions. Chairman Sorenson said members have this right regardless. What bothers him is any statement must be approved by the commission. There was some discussion on alternative language for the article. Commissioner Burnes suggested the following language "No member shall speak on behalf of the commission unless the commission has first discussed the subject and said speaker is communicating the ideas or issues 10 -27 -87 -1- rn y e6 i r agreed to by the commission." Commissioner Skeels noted the original intent of the bylaws was to allow members to speak publicly by giving the position of the commission. Commissioner Propst suggested the proposed language may be too restrictive. There was a motion by Commissioner Peterson and seconded by Commissioner Skeels to recommend to the city council an amendment to article VII of the advisory commission bylaws as suggested by Commissioner Burnes. The motion passed unanimously. The Recording Secretary said this item will appear on the November 9, 1987, city council agenda. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS Chairman Sorenson said he feels the ordinance related to beer and alcohol in the parks is too restrictive. The Director of Recreation said he feels there are no problems now and the ordinance is working well. Chairman Sorenson said because there have been a few abuses, everyone should not be restricted. He pointed out a problem with the current ordinance, which says the director of parks and recreation issues permits, when in fact there is no longer a director of parks and recreation. Commissioner Propst asked who the permits are issued to now, and the Director of Recreation said civic groups which meet certain qualifications are eligible to obtain permits. Commissioner Propst said there should not be alcohol in the parks because it is not a good environment for a park. He feels no one should be able to get a permit and would be happy if the police enforced the ordinance as it currently exists. Commissioner Peterson said he does not feel it is practical to have a family obtain a permit to have beer in the park. He said he cannot see why there should be a requirement except for organized groups. Commissioner Propst said there can be problems with beer in the parks. Chairman Sorenson said he would like others besides civic groups to be able to get permits, and he would go along with a compromise of issuing permits to some groups. Commissioner Skeels wondered if the current ordinance is loosened, under what basis could the City stop someone from obtaining a permit; he feels it would be an administrative nightmare for the recreation department to administer this. The Director of Recreation said someone would have to be hired just to handle all the issuance of permits. Commissioner Skeels said he would not have a problem with prohibiting alcohol in the parks altogether with no permits issued. Commissioner Skeels also suggested if the police department is involved in monitoring and controlling certain events, a permit for alcohol may be acceptable. Chairman Sorenson said he prefers the process to allow groups to obtain permits. Commissioner Propst said he sees problems with this because it would be chaos. He prefers to limit access of beer to situations where licenses have been issued and the events are controlled by the police. 10 -27 -87 -2- D o Lr CITY OF BROOKLYN CENTER COMMISSION BYLAWS Adopted June 22, 1987 Pursuant to the following resolutions relating to and providing for the establishment, appointment, organization and responsibilities of the Brooklyn Center Housing, Human Rights and Resources, Park and Recreation, and Planning Commissions, the City Council does hereby adopt these bylaws and rules for the conduct of their affairs. Commission Resolutions Housing 73 -140, 75 -97, 77 -22, 87 -131 Human Rights and Re - _ g sources _ 68 4 - - 4, 69 35, 71 211, 74 68, 87 132 Park and Recreation 73 -25 77 -52 87 -133 Planning 87 -87, 87 -134 and Ordinance 35 -201 Article I. Officers Section 1. Personnel The officers shall consist of a Chairperson and Vice- Chairperson. Section 2. Duties The Chairperson shall preside at all meetings and shall appoint Ad Hoc Committee members and Ad Hoc Committee Chairpersons. The Vice - Chairperson shall be appointed annually by the Chairperson and shall perform such duties as may be assigned by the Chairperson, and shall assume the Chair in the absence of the Chairperson. Article II. Meetings The Commission shall hold regular meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. Article III. Quorum A quorum shall consist of a majority of the members of the Commission. Article IV. Attendance Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. Article V. Minutes Minutes of each regular meeting, in writing, shall be provided to each Commission member prior to the commencement of the succeeding regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad Hoc Committees to investigate those areas where problems relative to the Commission's purpose are recognized. Section 2. Membership Each Ad Hoc Committee shall consist of at least two Commission members. Section 3. Duties of Ad Hoc Committee Chairperson Each Ad Hoc Committee shall have a Chairperson, who shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. Article VII. General Provisions No member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. Article VIII. Parliamentary Authority Robert's Rules of Order Newly Revised shall be the governing authority for all meetings of the Commission and for its committees. Article IX. Amendments These bylaws may be amended by a four - fifths vote of the City Council. G CLOUD IS TOWNSHIP COUNTY OF WASHINGTON STATE OF MINNESOTA September 25, 1987 Ms. Darlene Weeks City Clerk City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, Minnesota 55430 Re: HR2530 Vento Bill to Nationalize Mississippi River in Minneapolis /St. Paul Metropolitan Area Dear Ms. Weeks: Enclosed is a copy of the Resolution adopted by the Board of Supervisors of Grey Cloud Island Township, Washington County, Minnesota, urging the members of Congress to oppose the Vento Bill, HR2530, which proposes to nationalize the Mississippi River through our area. We are enclosing a copy of the Bill from the Congressional Record in the event that you have not received a copy. Perhaps your governmental unit might consider similar action if you share our concerns. A mailing list of the affected governmental units in our area is enclosed for your convenience, along with a list of the members of Congress. The mailing address for all Senators is United States Senate, Washington, D.C. 20510, and the mailing address of all House members is United States House of Representatives, Washington, D.C. 20215. Please contact us if you have any questions, or desire any assistance or participation. Sinter A Carroll k 612/459 Loretta Stone, Chair - 612/298 -2518 R. Gordon Nesvig, Supervisor - 612/339 -6500 Lee Edwards, Supervisor - 612/228 -2620 /gmd Enclosures BOX 4. ST. PAUL PARK, MINNESOTA 55071 RESOLUTION OPPOSING HR2530 WHEREAS, Congressman Vento has introduced a bill, HR2530, which affects over 80 miles of property on both sides of the Mississippi River running through the Minneapolis -St. Paul metropolitan area; and WHEREAS, this area is the largest, most highly developed, and the most expensive, metropolitan area in the State of Minnesota; and WHEREAS, there are twenty cities and five counties regulating development along this portion of the Mississippi River, all with appropriate planning departments and comprehensive plans which interrelate, and the area is further coordinated by the Metropolitan Council for the seven county metropolitan area, various watershed districts, and other agencies; and WHEREAS, HR2530 takes control of planning, development, and other matters, away from the state and local units of government and places it in the hands of a single nonelected official in Washington D.C.; and WHEREAS, HR2530 tends to nationalize a tremendous amount of private property, with thousands of individual and corporate owners, which would ultimately cost the federal government and taxpayers an immeasurably large amount of money in acquisition costs, as well as costing local governments an immeasurably large amount of lost revenue as a result of losing such property off the property tax rolls; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Grey Cloud Island Township, Washington County, Minnesota, an Urban Township, that all members of Congress and the Senate be, and they hereby are requested and urged to vote against HR2530. Dated this day of September, 1987. f AAATTES �2EZ Lor tta S he, Chair Carroll J. 'Bo erk /rdo N i , Supery sor Lee Edwards, Supervisor Aluy 27, 1,987 CONGRESSIONAL RECORD — Extensions of Remarks E 2075 EXTENSIONS OF REMARKS VENT'O INTRODUCES LEGISLA- river segment needs to be a cooperative (b) PURPOSES. —The purposes of this Act TION TO ESTABLISH THE MIS- effort. For too long, Federal, State, and local are: SISSIPPI NATIONAL RIVER AND plans and policies have run in different direr (1) To protect, preserve and enhance the RECREATION AREA tions —the result of this being that the river significant values of the waters and land of environment has suffered. the Mississippi River Corridor within the HUN. BRUCE F . VENTU Following a National Park Service regon- St. Paul - Minneapolis Metropolitan Area. (2) To encourage adequate coordination of OF (MINNESOTA naissance study in 1980 which I requested, I all governmental programs affecting the IN THE HOUSE OF REPRESENTATIVES offered legislative language that became law, land and water resources of the Mississippi Wednesday, 11¢y 27, 1987 creating the Metropolitan River Corridor Study River Corridor. Committee. The committee's report submitted (3) To provide management framework to Mr. VENTO. MIr. Speaker, I am pleased to to Congress in 1986 has provided further im- assist the State of Minnesota and its units reintroduce today major legislation to desig- petus for the need for a comprehensive effort of local government in the development and nato the 80 -mile segment of the Mississippi to address the Mississippi River's future man- implementation of the integrated resource River through the St. Paul - Minneapolis metro- agement and use. management programs for the Mississippi politan area as the "Mississippi National River The legislation I am introducing also con- River Corridor in order to assure orderly and Recreation Area." tains provisions authorizing Federal participa- public and private development in the area This legislation was originally introduced tion in a Tri- Rivers Board, which will provide a consistent with the findings of this Act. late in the 99th Congress. Since that time I forum for consultation and cooperation in the SF.C. 2. ESTABIASH>tENT OF NATIONAL RIVER AND have been pleased with the input i have re management of the Mississip RECREATION AREA. g ppi, St. Croix, and ceived from public officials and private individ- Minnesota Rivers within the Twin Cities metro- (a) ESTABLISHMENT. —There is hereby n d uals concerned with the care and utilization of politan area. By working with State and local Recreation this maonifieent river resource. hod the Mississippi National Ricer and Recreation Area (hereinafter in this Act consist governments, we can significantly improve the ferred to as the "Area") which shall cunsist The %iississippi as it flows through the Twin management of these rivers. of that portion of the Mississippi River and Cities metropolitan area is truly a national The recent public and private efforts to en- adjacent lands generally within the St. asset, containing a diversity of resources hance the river are evidence of the emer- Paul - Minneapolis Metropolitan Area, as de- found in no Other stretch of this great river. genre of a community consensus that recog- picted on the map entitled Mississippi Na- The river itself undergoes a transformation in nizes what an o; standing physical feature the tional River and Recreation. Area numbered its passage through the Twin Cities area— Mississippi River is, its important role in the MI -NRA /80,000 and dated April 1937. The going from a wild and shallow river to channel development of the region, as well as the im- map shall be on file and avaiiable for public cutting through a deep scenic gerg,: before portant role it continues to play today in the inspection in the offices of the Department breaking out into a broad foodplain over- recreation and econc,ric life of the communi- o he Offices I in of tropolitan Counc the Me I of looked by ragni.icent bluffs. a. It ':✓as because of the diversity of natural re- I believe m• legislation can build upon this the Twin Cities Area in S pain iv thscI ;' S P (b) I30L "NDARIES. —The Secretary of t. � In- souroes that man '.vas drawn here. Former recognition to defina the appropriate national terior (hereafter referred to as the "Seere- Indian sitas abound along the r and when role and implement a cooperative plan that terry ") shall publish in the Federal Register, whites entered the area they drew upon the recognizes the valued historical, cultural, natu- as soon as practicable after the date of en- river's na'ural features to establis,i the major ral, recreational and economic resources actment of this Act a detailed description m:.t,ary post Of the upper Niidwest, Fort Sns!I- which the Mississirypi has to offer. and map of the boundaries established ing, along the Mississippi's bluffs. The text of the bill follows: under subsection (a). T he river further spurred the economic life H.R. — SEC. a. 9 RIVER COORDINATING CW1- of the area, an important role it still plays Be it enas.'ed by the Senate and house of anSS1oN. Today. At St Anthony Falls in klinneapolis, the Represenieti23s of the United States of (a) ESTABLISHMENT. —There is hereby es- only significant waterfall along the entire Mis- America in Congress assembled, tablished a Mississippi River Coordinating sissi i, commerce boomed through the de- Commission whose purpose shall be to assist PP a SFL.ION 1. FINDINGS .AND PURPOSES. Federal, State, and local authorities in the velopment of sawmills and flour mills and the (A) FrNDINGs. —The Congress finds that: development and implementation of an inte- operation of the first hydroelectric dam on the (1) The Mississippi River Corridor within grated resource management plan for those fvlississippi. As with the river's early history, the St. Paul - Minneapolis Metropolitan Area lands and waters as specified in section 2. the Twin Cities today still serve as the termi. represents a nationally significant histori- The Commission shall consist of the follow - nus for commercial navigation on the upper cal recreation:dt, scenic, cultural, natural, ing 18 members appointed by the Secretary Mississippi. and scientific resource. PP (2) There is a national interest in the pres- of the Interior: The unique historic, cultural, recreational, (1) The Director of the National Park economic and other values of the river these r protection and enhancement le of Service, or his designee. these resources for the benefit of the people through the seven- county metropolitan river of the United States. (2) The Chief of the Corps of Engineers, is designee. corridor ma the Mississippi a special nation- (3) State and local planning efforts along or ( his The Director of the Fish and Wildlife resource. However, the value of this re- the River Corridor pro ide a unique fo,Inda- source is, unfortunately, not being fully real- tion for coordinating Federal, State, and Service, or his designee. ized. The preservation and utilization of the local planning and management processes. (4) 3 individuals, nominated by the Gover- river is impeded by the lack of a coordinated (4) Existing Federal agency programs lack nor of Minnesota, to represent the interests of the State of Minnesota. m 9° plan for the river's anagement. A large sufficient coordination with State and local planning and regulatory authorities to pro- (5) 1 individual, nominated by the Gover- number of Federal, State, and local agencies vide for adequate and comprehensive re- nor of Wisconsin to represent the interests have jurisdiction over various aspects of the source management and economic develop- of the State of Wisconsin. river, with the result that there are conflicting ment consistent with the protection of the (6) 1 individual, to represent the Metro - and overlapping policies in the land and water Mississippi River Corridor's nationally sig- politan Council of the Twin Cities Area. management of this magnificent resource. nificant resources, and the public use and (7) 2 individuals, to represent the cities of The legislation I am introducing today rec- enjoyment of the area. St. Paul and Minneapolis. ognizes the national significance and interest (5) The preservation, enhancement, enjoy. (8) 2 individuals, nominated by the Gover- the river. It builds upon that to develop a ment, and utilization of the nationally sig- nor of Minnesota, to represent the interests in in t e riv nificant resources of the Mississippi River of the other affected municipalities and frame r the Federal, State, and local levels. e that draws upon the ideas and ex- Corridor can be accomplished by a coopera. counties. tive Federal, State and local comprehensive (9) 1 individual, to represent the Metro - The effective care and management of this planning and management effort. politan Parks and Open Spaces Commission. 0 This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E -'it76 CONGRESSIONA RECORD — EY.Ifw of Remarks Alay 17, 1,987 ( I ()) I individual, nominMed by the 6o%A ne -.sota or a; politic al of the subdivision:, to minimize adverse impacts on nor of ?Minnesota, ton ray " the interests State and may reimb :rse the Stare or such the values for which the Area is established. Of comriercial navigatun. political st n for ,u •h services. On) COMMISSION REview 'she Cornunis (11) 4 individua nominated by the Gov (p PLAN. w: hui 3 r s after enactment lion shall assist the Secretary and the Gov- ernor of Minnesota, to be chosen from the of Lists A ^t, the Commission shall submit to ernor of Minnesota in reviewing and moni- general public. the Secretary and the Governor of Minneso- Loring the implementation of the plan by o) TERMS. - -(I) Except as provided in ta a comprehensive plan for land and water Federal, State, and local governmental paragraphs (2) and .3), rn-nibcrs (oth, . use measures for the area to be developed agencies having jurisdiction in the Area. than ex officio members) shall bc appointed and implemented by the responsible Federal The Commission may, after providing, for for terms of 3 years, agencies, the State of Minnesota, and local public comment and subject to the Secre - (2) Of the members first appointed— political sub(Inision,s. The plan siirll utilize tary's approval, as set forth in subsection (A) Under paragraph (4) of subsection (a): existing site plans but shall coordinate (j) modify said plan, if the Co: ninission de- (i) I shall be appointed for a term of I those plans to present a unified comprehen- termines that such modification is necessary sire plan for the Area. The plan shall ui) I shall be appointed for a term of 2 elude but not be limited to each of the fol- to further the. purposes of this Act. years. lowing: (n) TEREtINATION of Co :imisstoN. —The (11) Tinder paragraphs (7) and (3) of sub- ti) A Commission shall terminate on the date 10 program for management of exising years alter the enactment of this Act. section (a), one shall be appointed for a mid future land and .eater use. torn of 1 year. (2) A SEC. 4. FEIDF,RAL LANDS AND DEVELOPMENT';. (C) Under paragraph (11) of subsection program providing for ti ordina , h e (,� ): implementation and administration of the (a) LANDS.— Notw•ithsta_ndi g any other U 1 shall be a plan with proposed assignment of responsi- provision of law, any Federal property locat- ap pointed for a teen of 1 bilities to tine ap;,ropriate governmental ed within the boundaries of tine Area as 'ear' unit at the Federal, State, regional and local identified on the map referred to in section ni) 1 shall be appointed for a term of 2 levels. 2, is hereby transferred without consider - years' (3) A coordination and consistency compo- ation to the administrative jurisdiction of (iii) 1 shall be appointed for a term of 4 nent which details the ways in which local, the Secretary for use by him in implement- ;, ears. State and Federal programs and policies ing the purposes of this Act, except as fol- (3) Any member appointed to fill a vacan. may best be coordinated to promote the lows: occurring before the expiration p the to purpose of this Act. (1) Facilities and lands administered by term for which his predecessor was appoint- (4) A program for the consolidation of the Secretary of the Army through the ed shall be appointed only for the remain- permits that may be required by Federal, Corps of E:ngirleers for navigational pur- der of such term. A member may serve after State, and local a enci.�s having jurisdiction Secre- the expiration of his term until his succes- g poses may continue to be used by the S sor has taken office. over land and •.eaters within the Area. Lary of the Army subject to the provisions (c) COMF<:NSATION- Members of the Corn- (j) DEVELOPMENT of PLAN.— of subscctiun (b). mission shall serve witr.OUt pay. While away (1) In developing the plan the Commission (2) Federal property on which there is lo- Irom their homes or regular places of busi- shall consult on a re afar basis with appro' cated any building or other structure which ness in the performance of services for the priate officials of any Local government or is in use (as of the enactment of this Act) Commission, members of tine Commission Federal Ur State agency which has jurisdic- shall not be transferred under this subsee- hall be allowed travel expenses, including tion over lands and waters within the Area. tion without the concurrence of the a.dmin- per diem in lieu of subsistence, in the same (2) in developing the plan the Commission istering agency. man.ier as persons employed intermittently shall consult with interested conservation, (b) FEDERAL AGENCY ACTIVITIES. — in Government service are allowed expenses business, professicnai and citizen organiza- (1) IN GENERAL. Before any department., Lion agency, or instrumentality of the United under section 5703 of title 5 of the United p btates Code. (3) In developing the plan the Commission States issues or approves any license or (d) CHA:RPEnso i. —The Chairpr of the shall conduct public hearings within the Commission shall be appointed b% the Sec- Area, and at such oti places as may be ap- permit for any facility or undertaking - from among the members of the propriate, for the purposes of providing in- within the Area and before any such depart - Commission to serve for a term of 3 years. terested persons with the opportunity to ment, agency or instrumentality commences ttif any undertaking or provid any Federal as- (e) o *s Commis- testify with to matters to be ad- members of the Com respect sistance to the State or any local govern - (f si shall hall constitute a quorum. dressed by the plan. mental jurisdiction for any undertaking (f) Iv1EETINCS. —The Commis. ion shall (k) rLPROVAL of PLAN. —The Commissions meet at the call of the Chairman or a ma- Plan shall be submitted to the Secretary within the Area, the department, agency, or jor ity of its members, and the Governor of Minnesota, for their instrumentality shall notify the Secretary. (g) DEVELOPMENT of POLICIES AND PRO- review. The Secretary shall act on the plan The Secretary shall review the proposed fa- GRAMS. —As a coordinator and advisory orga- within 90 days. In determining whether to cility or undertaking to assess its compat- nization, the Commission shall assist the approve or disapprove the plan, the Secre- ibility with the plan approved under section Secretary, the State of Minnesota and local tary shall consider any comments submitted 3. The Secretary shall make a determina- units of ;cvernment, utilizing existing site by the Governor. In re the plan the tion with respect to the compatibility or in- plans, in developing the following: Secretary shall also consider each of the fol- Compatibility of a prcposed facility or un- (1) Policies and programs for the preserva- lowing: dertaking within 60 days of receiving notice tion and enhan - en)ent of the environmental (1) The adequacy of public participation. under this subsection. Unless the Secretary values of the Area. (2) Assurances of plan implementation determines that the proposed facility or un- (2) Policies and programs for enhanced from State and local officials. dertaking is compatible with the plan, or Public outdoor recreation opportunities in (3) The adequacy of regulatory and finan- that such proposed facility or undertaking the Area. cial tools are in place to implement the is essential for the protection of public (3) Policies and programs for the conser- plan, health or safety or IS necessary for national vation and protection of the scenic, histori- (4) Plan provisions for continuing over- security or defense, no license or permit cal, cultural, nutural and scientific values of sight of the plan implementation by the may be issued by a department, agency, or the Area. Secretary and the Governor of Minnesota. instrumentality of the United States for the (4) Policies and programs for the commer- If the Secretary disapproves the plan, he facility or undertaking and no such depart - cial utilization of the Area and its related shall, within 60 days after the date of such ment., agency, or instrumentality may com- natural resources, consistent with the pro- disapproval advise the Commission in writ- mence the undertaking or provide Federal tect;on of the values for which the Area is ing of the reasons therefor, together with assistance for such undertaking. established as the Mississippi National his recommendations for revision. The Corn. (2) WATER RESOURCES DEVELOPMENTS. —The Ricer and Recreational Area. mission shall within 90 days of receipt of authority of the Secretary of the Army, (h) STAFF. —The Secretary shall provide such notice of disapproval revise and resub- through the Corps of Engineers, to under- tile Commission with such staff and techni- mit the plan to the Secretary who shall ap- take or contribute to water resources devel- cal assistance as the Secretary, after consul- prove or disapprove a proposed revision opments, including shore erosion control Cation with the Commission, considers ap- within 60 days after the date it is submitted and navigation improvements on lands and propriate to enable the Commission to carry to him. waters within the Area shall be exercised in out its duties. Upon request of the Secre- (1) INTERIM PROGRAM. —Prior to the adop- accordance with plans that are mutually ac- tary, any Federal agency may provide infor- tion of the Commission's plan, the Secre- ceptable to the Secretary and the Secretary mation, personnel, property, and services on tary shall monitor all land and water use ac- of the Army. Such authority shall be exer- a reimbursable basis, to the Commission to tivities within the Area to ensure that said cised in a manner consistent with the pur- assist in carrying out its duties under this activities are in keeping with the purposes poses of this Act and the purposes of exist - Act. The Secretary may accept the services of this Act, and shall consult and cooperate Ing statutes dealing with water and related of personnel detailed from the State of Min- with the State of Minnesota and its political resources development. May 27, d 987 CONGRESSIONAL RECORD — L-vensions rrf Remarks E 2077 .4 - 1C. s. ADMINISTRATION. directly required, in ',lie Judgment of the point representatives to a Tri- Ricers Man- (a) AuTiIORITIEs - - The Secretary shall ad- Secretary, for the protection of the Area in agement Board (hereafter referred to as the minister the Area in accordance with this a manner compatible with the plan. "Board "), or any similar organization, which Act, and in accordance with the provisions (e) Use AND OCCUPANCY of ACQUIRED IM- may be established by the State of Minneso- of law generally applicable to units of the PROVED PROPERTY. - -( 1) The Secretary may to to assist in the development and imple- naUonalpark system. In the case of any permit the owner or owners of any iron- mentation of consistent and coordinated U conflict etween the provisions of this Act proved residential property acquired by the land use planning and management policy and such generally applicable provisions of Secretary under this Act to retain a right of for such portions of such rivers. law, the provisions of this Act shall govern. use and occupancy of the property for non- (b) PERSONNEL. —Upon request of the (b) STATE AND LOCAL AUTHORITIES. —In ad- cor=ercial residential uses not incompati- Board, the Secretary of the Interior and the ministering the Area, the Secretary shall ble with the plan approved under to section Secretary of the Army may detail, on a re- consult and cooperate with the State of 3. Except as provided in this subsection, y personnel to the Minnesota and its political subdivisions con- such rights shall before a definite term imbursable basis, an corning the development and management ending not more than 25 years from the Board, of Federal lands within the Area. date of acquisition or a term ending at the (c) AUTHORIZATION op APPROPRIATIONS — ( c) L :ND Ac@UISITION.— Within the bound- death of the owner. The owner shall elect There is hereby authorized to carry out the cries of the Area, the Secretary is author• the term to be reserved, except that if the purposes of this section the sum of $100,000 i :ed. in consultation with the State of Min- owner is a corporation, trust, partnership or annually; except that the Federal contribu- nesota and the affected local governmental any entity other than an individual, the Lion to the Board shall not exceed one -third unit, to acquire land and interests therein term shall not exceed 25 years. Unless the of the annual operating costs of the Board. by donation, purchase with donated or ap- property is wholly or partially donated, the propriated funds, exchange or transfer, Secretary shall pay to the owner reserving a except as provided in paragraphs (1) and right of use and occupancy under this sec- THE MARYLAND PHYSICAL (2). tion the fair market value of the property FITNESS COMMISSION (1) Any lands or interests therein owned on the date of its acquisition, less the fair by the State of Minnesota or any political market value on that date of the right re- subdivision thereof may be acquired only by tained by the owner. HEN. ROY DYSON donation. (2) The Secretary may terminate at any (2) Privately owned lands or interests time a right retained pursuant to this sub- OF MARYLAND therein may be acquired only with the con- section if it is being exercised in a manner IN THE HOUSE OF REPRESENTATIVES sent of the owner thereof unless the Secre- incompatible with the plan approved pursu- tary makes a determination pursuant to ant to section 3. Wednesday, May 27, 1987 subsection (d)(2). (3) As used in this subsection —the term Mr. DYSON. Mr. Speaker, I rise today to (d) REVIEW OF LOCAL PLANS.— "improved rep idential property" means a (1) AUTHORITY. —For the purpose of pro- single - family dwelling, the construction of commemorate the 25th anniversary of the tecting the integrity of the Area the Secre- which began before January 1, 1987, togeth- Maryland Physical Fitness Commission. Since tary shall review all relevant local plans, er with such land on which the dwelling and its establishment in 1961, the Commission has laws and ordinances to determine whether appurtenant buildings are located as is in performed an invaluable service to the Mary- they substantially conform to the plan ap- the same ownership as such dwelling and as land community. proved pursuant to section 3. Additionally the Secretary designates is reasonably nec- The commission was established in order to the Secretary shall determine the adequacy essary for the owner's continued use and oc- of enforcement of such plans, laws, and or- cupancy of the dwelling, fulfill the goals of the President's Council on dinances, including review of building per - SEC. 6. STATE ANTI LOCAL ASSISTANCE AND JURIS. Physical Fitness and Sports. Maryland was Pmts and zoning variances granted by local DICTION. the first to form a State commission on physi- governments, and amendments to local laws (a) GRANTS. —Upon approval of the plan cal fitness. The commission originally Consist - and ordinances, under section 3, the Secretary is authorized ed of 25 board members and a chairman. The (`) PuRPosE. —The purpose of review to make grants to the State of Minnesota, under paragraph (1) shall be to determine or its political subdivisions. for the acquisi• first Chairman was Harry D. Kaufman, who the degree to which actions by local govern- tion within the Area cf lands and waters or presided Over the commission until 1978, merits are compatible with the purposes of interests therein in a manner consistent when my distinguished Colleague, the Honora- this Act. Following the approval of the plan with the purposes of this Act. ble BEVERLY B. BYRON, replaced him. The under section 3 and after a reasonable (b) COOPERATIVE AGREEMENTS. —The Secre- goals of the Maryland Commission remain the period of time has elapsed, upon a finding tary is authorized and directed to enter into same: working cooperatively with the Mary- by the Secretary that such plans, laws and cooperative agreements with the State of ordinances are nonexistent, are otherwise Minnesota or any political subdivision land Department Of Education toward the pro - not in conformance with the plan or are not thereof pursuant to which he may assist in motion of physical fitness for all Maryland citi- being enforced in such manner as will carry the planning for and interpretation of non- zens. While the Commission's primary focus is out the purposes of this Act (as determined Federal publicly owned lands within the on school children, adults also benefit from by the Secretary), and if the Secretary de- Area. commission programs. Finally, the Maryland termines that there is no feasible alterna• (c) TECHNICAL ASSISTANCE. —To enable the Commission on Physical Fitness works coop - be substan incompatible w which the land State of Minnesota and its political subdivi- eratively with various private groups in the the Secretary may exercise the authority lions to develop and implement programs promotion of physical exercise programs. available to him under the provisions of compatible with the plan, the Secretary Throughout the years, the Commission has Paragraph (3). shall provide such technical assistance to the State and its political subdivisions as he created a variety of different programs to help Area where local plans, laws and ordinances, (d) STATE (3) ACQU7SITIOIL —In those sections of the deems appropriate. Marylanders of all ages to get in shape. The AND LOCAL JURISDICTION. —Noth- commission established the "Five Points Pro - or amendments thereto or variances there- ing in this Act shall diminish, enlarge, or gram," which established minimum exercise from are found by the Secretary pun to modify any right of the State of Minnesota standards for all physical education programs conformance with the plan a or any political subdivision the Area, or to tax persons, corporations, thereof, to exer- ant to section 3, or are not being enforced in in county schools. The Maryland Commission such mariner as will carry out the p urposes vise civil and criminal jurisdiction within also converted Old railroad right -of -ways into of this Act (as determined by the Secre- franchises, or private pro ;)erty on the lands new hiking and biking trails. In 1957 the tary), the Secretary shall notify the local and waters included in the Area. "Active People Over 60" program was initiat- gOVernment authority concerned. Unless, SEC. 7. AL71101MATIOY OF APPROPRIATIONS. ed, encouraging elderly Citizens to join in a within days after the date of such notice, the plan, n, There is authorized to be appropriated physical exercise program especially designed law, or ordinance, amendment, or such sums as may be necessary to carry out variance is modified to conform with the y y to keep them fit. plan or enforced in such manner as will this Act. Mr. Speaker, in these and innumerable carry out the purposes of this Act (as deter- TITLE II— TRI- RIVERS MANAGEMENT other ways, the Maryland Physical Fitness mined by the Secretary), the Secretary may SEC. 201. TRI- RIMERS M1ASA(,EMIENT BOARD. Commission has enriched the physical health acquire land or interests in land without the (a) FEDERAL REPRESENTATIVES. —In further- and well being of all Marylanders. For this consent of the owner thereof. Land and in- ance of the integrated management of those reason, Mr. Speaker, on this occasion of its terests in land acquired pursuant to this portions of the Mississippi, St. Croix, and subsection shall be restricted to the geo- Minnesota Rivers within the St. Paul -Min- 25th anniversary, on behalf of all Marylanders, graphical area of the local governmental neapolis Metropolitan Area, the Secretary I would like to express our heartfelt gratitude unit failing to conform with the plan and of the Interior and the Secretary of the for the outstanding work the commission has shall be limited to those lands clearly and Army are authorized and directed to ap- done throughout the years. ANOKA: (421- 663( ) Mr. Jerry Dulgar Mayor Stephen Halsey City Manager City of Anoka City of Anoka 1318 Norwood Lane 2015 First Avenue North Anoka, Minnesota 55303 Anoka, Minnesota 55303 BROOKLYN CENTER: (561 -5440) Ms. Darlene Weeks Mayor Dean Nyquist City Clerk City of Brooklyn Center City of Brooklyn Center 5637 Brooklyn Blvd. 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 BROOKLYN PARK: (424 -8000) Ms. Myrna Maikkula Mayor James Krautkremer City Clerk City of Brooklyn Park City of Brooklyn Park 5800 85th Avenue North 5800 85th Avenue North Brooklyn Park, MN 55443 Brooklyn Park, MN 55443 CHAMPLIN: (421 -8064) Ms. Joanne Brown Mayor William Haas, Jr. City Clerk City of Champlin City of Champlin 12001 Jefferson Highway 12001 Jefferson Highway Champlin, MN 55316 Champlin, MN 55316 COON RAPIDS: (780 -6457) Ms. Betty Backes Mayor Robert B. Lewis City Clerk City of Coon Rapids City of Coon Rapids 1313 Coon Rapids Blvd. 1313 Coon Rapids Blvd. Coon Rapids, MN 55433 Coon Rapids, MN 55433 COTTAGE GROVE: (458 -2800) Mr. Carl Meissner Mayor Roger Peterson City Clerk City of Cottage Grove City of Cottage Grove 7516 South 80th Street 7516 South 80th Street Cottage Grove, MN 55016 Cottage Grove, MN 55016 DENMARK TOWNSHIP (Urban): (437 -9815) Mr. Jack Schneider Chairman, Board of Supervisors Denmark Township 1 1'.0. Box 156 Hastings, MN 55033 FRIDLEY: (571 -3450) Ms. Shirley Haapala Mayor William Nee City Clerk City of Fridley City of Fridley 6431 University Avenue NE 6431 University Avenue NE Fridley, MN 55432 Fridley, MN 55432 GREY CLOUD TOWNSHIP (Urban): (459 -3235) Ms. Loretta Stone Chairperson, Board of Supervisors 5887 Pioneer Road St. Paul Park, MN 55071 HASTINGS: (437 -4127) Ms. Barbara Thompson Mayor Lou Ann Stoeffel City Clerk City of Hastings City of Hastings 100 Sibley Street 100 Sibley Street Hastings, MN 55033 Hastings, MN 55033 INVER GROVE HEIGHTS: (457 -2111) Mr. R. W. Schaefer Mayor William Saed City Clerk City of Inver Grove Heights City of Inver Grove Heights 8150 Barbara Avenue East 8150 Barbara Avenue East Inver Grove Heights, MN 55075 Inver Grove Heights, MN 55075 LILYDALE: (454 -2674) Mr. Harold Rehfeld Mayor Harvey Bream City Clerk City of Lilydale City of Lilydale 1775 Lexington Court 855 Sibly Memorial Highway Lilydale, MN 55118 Lilydale, MN 55118 MENDOTA: (454 -1262) Mayor Robert Bruestle City of Mendota P.O. Box 696 Mendota, MN 55150 MENDOTA HEIGHTS: (452 -1850) Ms. Kathleen Swanson Mayor Charles Mertensotto City Clerk 750 South Plaza Drive 750 South Plaza Drive Mendota Heights, MN 55120 Mendota Heights, MN 55120 2 MINNEAPOLIS: (348 -2215) Ms. Merry Keefe Mayor Donald Fraser City Clerk City of Minneapolis City of Minneapolis Room 304 City Hall Room 127 City Hall Minneapolis, MN 55415 Minneapolis, MN 55415 NEWPORT: (459 -5677) Ms. Arlene Mann Mayor John Walker Acting City Clerk City of Newport City of Newport 596 7th Avenue 596 7th Avenue Newport, MN 55055 Newport, MN 55055 NININGER TOWNSHIP (Urban): (437 -5690) Mr. Robert Rotty Chairman, Board of Supervisors Nininger Township 7918 150th Street East Hastings, MN 55033 ROSEMOUNT: (423 - 4411) Mr. Stephen Jilk Mayor Leland Knutson City Administrator City Y of Rosemount City of Rosemount P.O. Box 510 P.O. Box 510 Rosemount, MN 55068 Rosemount, MN 55068 ST. PAUL: (298 -4012) Mr. Albert Olson Mayor George Latimer City Clerk City of Saint Paul City of Saint Paul 15 West Kellogg Blvd. 15 West Kellogg Blvd. St. Paul, MN 55102 St. Paul, MN 55102 ST. PAUL PARK: (459 -9785) Mr. Barry Sittlow Mayor John Hunziker City Administrator /Clerk City of St. Paul Park City of St. Paul Park 900 3rd Street 620 7th Avenue St. Paul Park, MN 55071 St. Paul Park, MN 55071 SOUTH ST. PAUL: (450 -8702) Mr. Jim Cosgrove Mayor Bruce Baumann City Coordinator City of South St. Paul City of South St. Paul 125 3rd Avenue North 125 3rd Avenue North South St. Paul, MN 55075 South St. Paul, MN 55075 3 ANOxA: (421 -4760) COUNTIES Mr. John "Jay" McLinden Mr. Dan Erhart County Administrator Chair, Board of County Anoka County Courthouse Commissioners 325 East Main Street Anoka County Courthouse Anoka, MN 55303 325 East Main Street Anoka, MN 55303 DAKOTA: (438 -4418) Mr. Thomas Novak Mr. Stephen Loeding County Administrator Chair, Board of County Dakota County Government Ctr. Commissioners 1560 Hwy. 55 West Dakota County Government Ctr. Hastings, MN 55033 1560 Hwy. 55 West Hastings, MN 55033 HENNEPIN: (348 -3081) Mr. Dale A. Ackmann Mr. Mark Andrew County Administrator Chair, Board of County A -2303 Hennepin County Commissioners Government Center A -2400 Hennepin County Minneapolis, MN 55487 Government Center Minneapolis, MN 55487 RAMSEY: (298 -4145) Mr. Terry Schutten Ms. Diane Ahrens Executive Director Chair, Board of County 316 Courthouse Commissioners St. Paul, MN 55102 316 Courthouse St. Paul, MN 55102 WASHINGTON: (759 -5401) Mr. Chuck Swanson Ms. Sally Evert County Administrator Chair, Board of County 14900 61st Street North Commissioners Stillwater, MN 55082 14900 61st Street North Stillwater, MN 55082 4 Senate - 29 Seagate embershi in the 100th Congress p g Democrats - 55 Republicans - 45 Freshman senators - 13 Seats switched D to R - 1 Seats switched R to D - 9 Senators elected in 1986 are italicized # Freshman senators ✓ Seat switched parties ALABAMA PENNSYLVANIA Howell Heflin (D) John Heinz (R) ✓ Richard C. Shelby (D)n Arlen Specter (R) ALASKA INDIANA MONTANA RHODE ISLAND Frank H. Murkowski (R) Richard G. Lugar (R) Max Baucus (D) John H. Chafee (R) Ted Stevens (R) Dan Quayle (R) John Metcher (D) Claiborne Pell (D) ARIZONA IOWA NEBRASKA SOUTH CAROLINA Dennis DeConcini (D) Charles E. Grassley (R) J. James Exon (D) Ernest F Hollings (0) John McCain (R)rt Tom Harkin (D) Edward Zorinsky (D) Strom Thurmond (R) ARKANSAS KANSAS NEVADA SOUTH DAKOTA Dale Bumpers (D) Robert Dole (R) ✓Harry Reid (D)4s ✓Thomas A. Daschle (0)tt David Pryor (0) Nancy Landon Kassebaum (R) Chic Hecht (R) Larry Pressler (R) CALIFORNIA KENTUCKY NEW HAMPSHIRE TENNESSEE Alan Cranston (D) Wendell H. Ford (D) Gordon J. Humphrey (R) Albert Gore Jr. (D) Pete Wilson (R) Mitch McConnell (R) Warren B. Rudman (R) Jim Sasser (0) COLORADO LOUISIANA NEW JERSEY TEXAS William L. Armstrong (R) John B. Breaux (D)# Bill Bradley (D) Lloyd Bentsen (0) Timothy E. Wirth (D)n J. Bennett Johnston (D) Frank R. Lautenberg (D) Phil Gramm (R) CONNECTICUT MAINE NEW MEXICO UTAH Christopher J. Dodd (D) George J. Mitchell (0) Jeff Bingaman (D) Jake Garn (R) Lowell P. Weicker Jr. (R) William S. Cohen (R) Pete V. Domenici (R) Orrin G. Hatch (R) DELAWARE MARYLAND NEW YORK VERMONT Joseph R. Biden Jr. (0) ✓ Barbara A. Mikulski (D)tt Alfonse M. D'Amato (R) Patrick J. Leahy (D) William V. Roth Jr. (R) Paul S. Sarbanes (D) Daniel Patrick Moynihan (D) Robert T. Stafford (R) FLORIDA MASSACHUSETTS NORTH CAROLINA VIRGINIA Lawton Chiles (D) Edward M. Kennedy (D) Jesse Helms (R) Paul S. Trible Jr. (R) ✓Bob Graham (D)n John Kerry (D) ✓Terry Sanford (D)tt John W. Warner (R) GEORGIA MICHIGAN NORTH DAKOTA WASHINGTON ✓ Wyche Fowler Jr. (0)4 Carl Levin (D) Quentin N. Burdick (0) ✓ Brock Adams Ott Sam Nunn (D) Donald W. Riegle Jr. (D) ✓Kent Conrad (D)u Daniel J. Evans (R) HAWAII MINNESOTA OHIO WEST VIRGINIA Daniel K. Inouye (D) Rudy Boschwitz (R) John Glenn (D) Robert C. Byrd (0) Spark M. Matsunaga (D) Dave Durenberger (R) Howard M. Metzenbaum (D) John D. Rockefeller IV (D) IDAHO MISSISSIPPI OKLAHOMA WISCONSIN James A. McClure (R) John C. Stennis (D) David L. Boren (D) Bob Kasten (R) Steven D. Symms (R) Thad Cochran (R) Don Nickles (R) William Proxmire (D) ILLINOIS MISSOURI OREGON WYOMING Alan J. Dixon (D) ✓Christopher S. "Kit" Bond (R)n Mark O. Hatfield (R) Alan K. Simpson (R) Paul Simon (0) John C. Danforth (R) Bob Packwood (R) Malcolm Wallop (R) Nova 8, 1986- -PAGE 2839 House - 76 s Ho use M embe rsh i p 'n 100th Cong a 0 0 ALABAMA 4. Jim Bunning (R) # 1. Sonny Callahan (R) H ouse Lineup 5. Harold Rogers (R) 2. William L. Dickinson, (R) 6. Larry J. Hopkins (R) 3. Bi (Nichols (D) Dem oc rats 258 Republicans 177 4. Tom Bevill (D} 7. Carl C. Perkins (0) y 5. Ronnie G. Flippo (D) Freshman Democrats - 27 Freshman Republicans - 23 LOUISIANA 6. Ben Erdreich (D) # g Freshman Representative t Former Representative 1. Bob Livingston (R) 7. Claude Hargis (D)# eased on apparent winners as of Nov. 6. Seats in doubt marked by an (+) 2. Lindy (Mrs. Hale) Boggs (0) 3. W. J. "Billy" Tauzin (0) ALASKA 4. Buddy Roemer (D) AL Con Young (R) 44. Jim Bates (0) IDAHO 5. Jerry Huckaby (0) ARIZONA 45. Duncan L. Hunter (R) 1. Larry E. Craig (R) 6. Richard Baker (R) # I. John J. Rhodes III (R) u 2. Richard H. Stallings (D) 7• Jimmy Hayes (D)# 2. Morris K. Udall (0) COLORADO 8. Clyde Holloway (R) rr 3. Bob Stump (R) 1. Patricia Schroeder (D) ILLINOIS 4. Jon Kyi (R) # 2. David Skaggs (0) # 1. Charles A. Hayes (D) MAINE 1. Joseph E. Brennan (D) tt 5. Jim Kolbe (R) 3. Ben Nighthorse Campbell (0) # 2• Gus Savage (0) ARKANSAS 4. Hank Brown (R) 3. Marty Russo (D) 2. Olympia J. Snowe (R) 5. Joel Hefley (R) # 4. Jack Davis (R) # MARYLAND 1, Bill Alexander 6. Daniel L. Schaefer (R) 5. William O. Lipinski (D) 1. Roy Dyson (D) 2. Tommy F. Robinson (D) 6. Henry J. Hyde (R) 2. Helen Delich Bentley Y( ) 3. John Paul Hammerschm(dt (R) CONNECTICUT 7. Cardiss Collins (0) 3. Benjamin L. Cardin (D) tt 4. Beryl Anthony Jr. (D) 1. Barbara B. Kennelly (D) 8. Dan Rostenkowski (D) 4, Thomas McMillen (D) # CALIFORNIA 2. Sam Gejdenson (D) 9. Sidney R. Yates (D) 5. Steny H. Hoyer (D) 1. Douglas H. Bosco (0) 3. Bruce A. Morrison (0) 10. John Edward Porter (R) 6. Beverly B. Byron (D) 2. Wally Herger (R) # 4. Stewart B. McKinney (R) 11. Frank Annunzio (D) 7. Kweisi Mfume (D) # 3. Robert T. Matsui (0) 5. John G. Rowland (R) 12. Philip M. Crane (R) 8, Constance A. Morelia (R) # 4. Vic Fazio (0) 6. Nancy L. Johnson (R) 13. Harris W. Faweil (R) 5. Sala Burton (0) 14. J. Dennis Hastert (R) # MASSACHUSETTS 6. Barbara Boxer (0) DELAWARE 15. Edward R. Madigan (R) 1. Silvio O. Conte (R) 7. George Miller (D) AL Thomas R. Carper (D) 16. Lynn Martin (R) 2. Edward P. Boland (D) 8. Ronald V. Dellums (D) 17. Lane Evans (0) 3. Joseph 0. Early (D) FLORIDA 18. Robert H. Michel (R) 4. Barney Frank (0) 9. Fortney H. "Pete" Stark (D) 1. Earl Hutto (D) 10. Don Edwards (D) 2. Bill Grant O # 19. Terry L. Bruce (D) 5. Chester G. Atkins (D) 0 0 Richard 20. R!c d J. Durbin D) D) 6. Nicholas Mavroules t 1. Tom Lantos (D) ( ( 3. Charles E. Bennett (0) 21. Melvin Price (D) 7. Edward J. Markey (0) 12. Ernest L.n (R) # 4. Bill Chappell Jr. (0) 22. Kenneth J. Gray (D) S. Joseph P. Kennedy 11 (0) # 13. Norman Y. . Mi Minet eta (0) 5. Bill McCollum (R) 9. Joe Moakley (D) 14. Norman D. Shumway (R) 6. Buddy MacKay (0) INDIANA 10. 15. Tony Coelho (D) Gerry E. Studds (0) 16. Leon E. Panetta (D) 7 . Sam Gibbons (D) 1. Peter J. Visclosky (D) y ( ) 11. Brian J. Donnell D 8. C.W. Bill Young (R) 2. Philip R. Sharp (D) 17. Charles Pashayan Jr. (R) 9, Michael Biiirakis (R) 3. John Hiler (R) MICHIGAN 18. Richard H. Lehman (D) 10. Andy Ireland (R) 4. Dan Coats (R) 1. John Conyers Jr. (D) 19. Robert J. Lagomarsino (R) 11. Bill Nelson (D) 5. Jim Jontz (D) # 2. Carl 0. Pursell (R) 20. William M. Thomas (R) 12. Tom Lewis ( R) 6. Dan Burton (R) 3. Howard Wol (D) ( Pe 21. Elton Gallegly (R) # 13. Connie Mack (R) 7. John T. Myers (R) 4. Fred Upton (R) rr 22. Carlos J. Moorhead (R) 14. Daniel A. Mica (D) 8. Frank McCloskey (D) S. Paul B. Henry (R) 23. Anthony C. Beilenson (D) 15. E. Clay Shaw Jr. (R) 9. Lee H. Hamilton (D) 6. Bob Carr (D) 2 4. Henry A. Waxman (D) 16. Larry Smith (0) 10. Andrew Jacobs Jr. (D) 7. Dale E. Kildee (D) 25. Edward R. Roybal (D) 17. William Lehman (0) 8. Bob Traxler (D) 26. Howard L. Berman (D) IOWA 9. Guy g 18. Claude Pepper (D) y Vander Ja t (R) 27. Mel Levine (D) 19. Dante B. Fascell (0) 1. Jim Leach (R) 10. Bill Schuette (R) 28. Julian C. Dixon (0) 2. Tom Tauke (R) 11. Robert W. Davis (R) 29. Augustus F. Hawkins (D) GEORGIA 3. Dave R. Nagle (D) # 12. David E. Bonior (D) 30. Matthew G. Martinez (0) 4. Neal Smith (D) ( ) 1. Robert Lindsay Thomas (D) 13. George W. Crockett Jr. (U) 31. Mervyn M. Dymally (0) 2. Charles Hatcher (0) 5. Jim Lightfoot (R) 14. Dennis M. Hertel (0) 32. Glenn M. Anderson (D) 3. Richard Ray (D) 6. Fred Grandy (R) # 15. William D. Ford (0) 33. David Dreier (R) 4. Pat Swindall (R) KANSAS 16. John 0. Dingell (D) 34. Esteban Edward Torres (D) 5. John Lewis (0) # 1. Pat Roberts (R) 17. Sander M. Levin (D) 35. Jerry Lewis (R) 6. Newt Gingrich (R) 2. Jim Slattery (0) 18. William S. Broomfield (R) 36. George E. Brown Jr. (D) 7. George "Buddy" Darden (0) 3. Jan Meyers (R) 37. Al McCandless (R) 8. J. Roy Rowland (D) 4. Dan Glickman (D) MINNESOTA 38. Bob Doman (R) 9. Ed Jenkins (D) 5. Bob Whittaker (R) 1. Timothy J. Penny (D) 39. William E. Dannemeyer (R) 10. Doug Barnard Jr. (0) 2. Vin Weber (R) 40. Robert E. Badham (R) KENTUCKY 3. Bill Frenzel (R) 41. Bill Lowery (R) HAWAII 1. Carroll Hubbard Jr. (0) 4. Bruce F. Vento (D) 42. Dan Lungren (R) 1. Patricia Salkl (R) st 2. William H. Natcher (0) 5. Martin Olav Sabo (D) 43. Ron Packard (R) 2. Daniel K. Akaka (0) 3. Romano L. Mazzoli (D) 6. Gerry Slkorski (D) PAGE 2856 -Nov. 8, 1986 c"r 1 "dC - W. ...,d. « . pm ...a b ....,...fi- House - 17 o Q of ects Strong Showing by Incumbents 7. Arlan Stangeland (R) ' 10. Charles E. Schumer (D) 4. Dave McCurdy (D) 8. Jack Fields (R) 8. James L. Oberstar (D) 11. Edolphus Towns (D) 5. Mickey Edwards (R) 9. Jack Brooks (D) 12. Major R. Owens (D) 6. Glenn English (D) 10. J. J. Pickle (D) MISSISSIPPI 13. Stephen J. Solarz (D) 1. Jamie L. Whitten (0) OREGON 11. Marvin Leath (D) 14. Guy V. Molinari (R) 12. Jim Wright (D) 2. Mike Espy (0) tt 1. Les AuColn (D) 13. Beau Boulter 15. Bill Green (R) 2. Robert F. Smith (R) ((R 3. G. V. "Sonny" Montgomery (D) 16. Charles B. Rangel (D) 14. Mac Sweeney (R) 4. Wayne Dowdy (D) 17. Ted Weiss (D) 3. Ron Wyden (0) 15. E. "Kika" de is Garza (D) 5. Trent Lott (R) 18. Robert Garcia (0) 4. Peter A. DeFazio (D) tt 16. Ronald D. Coleman (D) 19. Mario Biaggi (0) 5. Denny Smith (R) 17• Charles W. Stenholm (D) MISSOURI 20. Joseph J. DioGuardi (R) 18. Mickey Leland (D) 1. William L. Clay (D) p PENNSYLVANIA y 2. Jack Buechner (R) tt 21• Hamilton Fish Jr. (R) 1. Thomas M. Foglietta (D) 19. Larry Combest (R) 3. Richard A. Gephardt (D) 22• Benjamin A. Gilman (R) 2. William H. Gray III (D) 20. Henry B. Gonzalez 23. Samuel S. Stratton (D) 3. Robert A. Borski 4. Joe Koller D ( D) 21. Lamar Smith (R) $$ 5. Alan Wheat (D) ( ) eLa y 4. Ike Skelton (D) 24• Gerald B. H. Solomon (R) 22. Thomas D. D (R) 25. Sherwood L. Boehlert (R) 5. Richard T. Schulze ( R ) 23. Albert G. Bustamante (D) 7. Gene Taylor (R) ( 6. E. Thomas Coleman (R) 26. David O'S. Martin (R) 6. Gus Yatron D) 24. Martin Frost (D) 8. Bill Emerson (R) 27. George C. Wortley (R) 7, Curt Weldon (R) tt 25. Michael A. Andrews (D) 28. Matthew F. McHugh (D) 8, Peter H. Kostmayer ( D ) 26. Dick Armey (R) 9. Harold L. Voikmer (D) 29. Frank Horton (R) 27. Solomon P. Ortiz (D) MONTANA 30. Louise M. Slaughter (D) tt 10. Joseph M. McDade (R) UTAH 1. Pat Williams (D) 31. Jack F. Kemp (R) 11. Paul E. Kanjorskt (0) 1, James V. Hansen (R) 2. Ron Marlenee (R) 32. John J. LaFalce (0) 12. John P. Murtha (D) 2. Wayne Owens (D)t tt 33. Henry J. Nowak (D) 13. Lawrence Coughlin (R) 3. Howard C. Nielson (R) NEBRASKA 34. Amory Houghton Jr. (R) tt 14. William J. Coyne (D) 1. Doug Bereuter (R) NORTH CAROLINA 15. Don Ritter (R) VERMONT 2. Hai Daub (R) 16. Robert S. Walker R AL James M. Jeffords R) 1. Walter B. Jones (D) { ) ( 3. Virginia Smith (R) R 17. George W. Gekas 2. Tim Valentine (D) g ( ) VIRGINIA NEVADA 3. Martin Lancaster (0) tt 18. Doug Walgren (D) 1. Herbert H. Bateman (R) 4. David Price D ) 1. James H. Biibray (D) tt ( ) tt 19. Bill Goodlin 9 ( R 2. Owen B. Pickett (D) tt 2. Barbara F. Vucanovlch (R) 5. Stephen L. Neal (D) 20. Joseph M. Gaydos (D) 3. Thomas J. Bliley Jr. (R) 6. Howard Coble (R) ' 21. Tom Ridge (R) NEW HAMPSHIRE 7. Charlie Rose (D) 22. Austin J. Murphy (D) 4. Norman e l ( 0)y (D) 5. Dan Daniel 1. Robert C. Smith (R) 8. W. G. "Bill" Hefner (D) 23. William F. Clinger Jr. (R) 6. James R. Olin (D) 2. Judd Gregg (R) 9. J. Alex McMillan (R) RHODE ISLAND 7. D. French Slaughter Jr. (R) 10. Cass Ballenger (R) tt 1. Fernand J. St Germain (0) 8. Stan Parris (R) NEW JERSEY 11, James McClure Clarke (D)t tt 1. James J. Florio (D) 2. Claudine Schneider (R) 9. Frederick C. Boucher (D) NORTH DAKOTA 10. Frank R. Wolf (R) 2. William J. Hughes (D) SOUTH CAROLINA 3. James J. Howard (D) AL Byron L. Dorgan (D) 1. Arthur Ravenel Jr. (R) tt WASHINGTON 4. Christopher H. Smith (R) OHIO 2. Floyd Spence (R) 1. John R. Miller (R) 5. Marge Roukema (R) 1. Thomas A. Luken (D) 3. Butler Derrick (D) 2. Al Swift (0) 6. Bernard J. Dwyer (D) 2. Bill Gradison (R) 4. Elizabeth J. Patterson (D) tt 3. Don Bonker (D) 7. Matthew J. Rinaldo (R) 3. Tony P. Hall (D) 5. John M. Spratt Jr. (D) 4. Sid Morrison (R) S. Robert A. Roe (D) 4. Michael G. Oxley (R) 6. Robin Tallon (D) 5. Thomas S. Foley (D) 9. Robert G. Torricelli (D) 5. Delbert L. Latta (R) SOUTH DAKOTA 6. Norman 0. Dicks (D) 10. Peter W. Rodino Jr. (0) 6. Bob McEwen (R) 7. Mike Lowry (D) 11. Dean A. Gallo R AL Tim Johnson (D) tt ( ) 7. Michael DeWine (R) 8. Rod Chandler (R) 12. Jim Courter (R) 8. Donald E. "Buz" Lukens (R)t v TENNESSEE 13. H. James Saxton (R) 9. Marcy Kaptur (0) 1. James H. Quillen (R) 1. Alan B. WEST VIRGINIA INIA an (D) 14. Frank J. Guarini (0) 10. Clarence E. Miller (R) 2. John J. Duncan (R) 2. Harley O. Staggers Jr. (D) NEW MEXICO 11. Dennis E. Eckart (D) 3. Marilyn Lloyd (D) 3. Bob Wise (D) 1. Manuel Lujan Jr. (R) 12. John R. Kasich (R) 4. Jim Cooper (0) ( ) 4. Nick J. Rahall If D 13. Don J. Pease (D) 5. Bill Boner (D) 2. Joe Skeen (R) 14. Tom Sawyer (D) tt 6. Bart Gordon (D) WISCONSIN 3. Bill Richardson (0) 15. Chalmers P. Wylie (R) 7. Don Sundquist (R) 1. Les Aspin (D) NEW YORK 16. Ralph Regula (R) 8. Ed Jones (0) 2. Robert W. Kastenmeier (D) 1. George J. Hochbrueckner (D) tt 17. James A. Traficant Jr. (D) 9. Harold E. Ford (0) 3. Steve Gunderson (R) 2. Thomas J. Downey (D) 18. Douglas Applegate (D) TEXAS 4. Gerald D. Kleczka (D) 3. Robert J. Mrazek (0) 19. Edward F. Feighan (0) 1. Jim Chapman (0) 5. Jim Moody (D) 4. Norman F. Lent R 20. Mary Rose Oakar (D) 6. Thomas E. Petri (R) 5. Raymond J. McGrath (R) ( ) 21. Louis Stokes (D) 2• Charles Wilson (0) 7, David R. Obey (0) 3. Steve Bartlett (R) g, Toby Roth (R) 6. Floyd H. Flake (D) tt OKLAHOMA 4. Ralph M. Hall (D) 9. F. James Sensenbrenner Jr. (R) 7 Gary L. Ackerman (D) 1. James M. Inhofe (R) tt 5. John Bryant (D) 8. James H. Scheuer (D) 2. Mike Synar (0) 6. Joe L. Barton (R) WYOMING 9. Thomas J. Manton (D) 3. Wes Watkins (D) 7. Bill Archer (R) AL Dick Cheney (R) `°°"'" 1~° `'"°"""' ° .. W b ` Nov. 8, 1986 -PAGE 2857 PROCLAMATION DECLARING NOVEMBER 15, 1987, TO NOVEMBER 21, 1987 AS ALTERNATIVE DISPUTE RESOLUTION WEEK IN BROOKLYN CENTER WHEREAS, the week of November 15 - November 21, 1987, has been declared by the Governor as Dispute Resolution Week in Minnesota; and WHEREAS, Brooklyn Center Mediation Project, Inc. has been a leader in Minnesota in promoting and implementing alternatives to the courts to resolve disputes; and WHEREAS, the Brooklyn Center Mediation Project resulted in an All- America City award for Brooklyn Center; and WHEREAS, it is appropriate that the mediation process be better understood and utilized for the benefit of the citizens of Brooklyn Center. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota do hereby declare November 15 - November 21, 1987, as Alternative Dispute Resolution Week in Brooklyn Center and express our thanks and gratitude to the Brooklyn Center Mediation Project Inc. for their excellent leadership and service to the community. Date Mayor Seal Attest Clerk Licenses to be approved by the City Council on November 9, 1987: CHRISTMAS TREE SALES LOT Midwest Challenge, Inc. P. 0. Box 7364 Osseo Brooklyn Bus Co. 4435 68th Ave. N. �+JC�'�,�.(%1, Director of PlanningL and Inspection MECHANICAL SYSTEMS Air One Mechanical Co. 6317 Welcome Ave. N. Northwestern Service, Inc. 2296 Territorial Road Building Official�� SIGN HANGER Signart Company, Inc. 2535 Pilot Knob Road Building Official GENERAL APPROVAL: D. K. Weeks, City Clerk