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HomeMy WebLinkAbout1985 11-04 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 4, 1985 7:05 P.M. (following adjournment of the HRA meeting) 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -Ail items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. Approval of Minutes - October 21, 1985 - Regular Session 7. Proclamations: *a. Declaring the Week of November 24 -3G, 1985 as All American Buckle Up Week *b. Declaring the Week of December 15 -21, 1985 as National Drunk and Drugged Driving Awareness Week 8. Performance Bond Release: *a. Earle Brown Farm Estates, 5th Addition, Xerxes Place and Freeway Boulevard 9. Performance Bond Reduction: *a. Highway 100 Racket and Swim Club, 4001 Lakebreeze Avenue North *b. Madsen Floral Townhouses, 55th and Aldrich Drive 10. Resolutions: *a. Expressing Recognition of and Appreciation for the Dedicated Public Service of Nancy Manson *b. Amending the Earle Brown Farm Tax Increment Plan *c. Approving Agreement Number 62373 between the City of Brooklyn Center and the State of Minnesota, Providing for the Installation of Crossing Gates and Flashers at the Soo Line Railroad Crossing on France Avenue North *d. Inviting Citizens to Light Porchlights, Candles or Other Lights from Dusk to Dawn on November 19 and 20, 1985 CITY COUNCIL AGENDA -2- November 4, 1985 e. Approving Agreement with A.E.C. Engineers and Designers for Professional Engineering Services Relating to Inspection and Reconditioning of Water Tower No. 3 (located south of T.H. 100, West of Lions Park) -Staff recommends that Water Tower No. 3 be inspected and scheduled for reconditioning in the spring of 1986. The resolution provides for establishment of the project and for hiring of A.E. C. to provide condition inspection, preparation of specifications and inspection of the work of the contractor. f. Approving Acquisition of a Portion of Outlot A, Bellvue Acres Addition -This property lies between Lyndale Avenue and the Mississippi River, opposite 5421 Lyndale Avenue. It is proposed that the City acquire this property for use as park and open space. 11. ,Public Hearing: (7:30 p.m.) a. Hearing on a Proposed Project and Issuance of Industrial Development Revenue Bonds -This item relates to the proposed project for Ryan Construction Company 12. Planning Commission Items: (7:45 P.m.) a. Planning Commission Application No. 85034 submitted by Reynolds Homes, Inc. requesting a variance from Section 35-410 of the Zoning Ordinance to allow encroachment of certain decks into the required 15' buffer area adjacent to R1 zoned property at the Madsen Floral townhouse development at 55th and Aldrich Drive. -This item was recommended for denial by the Planning Commission at its October 24, 1985 meeting. b. Planning Commission Application No. 85035 submitted by Lutterman Homes requesting site and building plan approval to construct a four unit townhouse /apartment building on the vacant parcel east of Burger King and south of the P.B.C. clinic. -This item was recommended for approval by the Planning Commission at its October 24, 1985 meeting. c. Planning Commission Application Nos. 85036 & 85037 submitted by City of Brooklyn Center requesting site and building plan and special use permit approval to develop a golf course on the vacant land west of Lions Park along Shingle Creek, south of T.H. 100. This also includes a request for a flood plain special use permit to allow filling, excavating and regrading in the floodway zone. This item was recommended for approval by the Planning Commission at its October 24, 1985 meeting. d. Planning Commission Application No. 85032 submitted by Arby's requesting a variance from Section 34 -140, Subsection 3.a.1.b. of the Sign Ordinance to allow a tenant identification wall sign on the canopy above the northwest entrance to Brookdale Mall and not on exterior wall space of Arby's tenant space. This item was recommended for approval by the Planning Commission at its October 10, 1985 meeting and tabled by the City Council at its October 21, 1985 meeting. CITY COUNCIL AGENDA -3- November 4, 1985 13. Discussion Items: a. Negotiation with MN /DOT Regarding T.H. 252 -Staff will be prepared to discuss the current status of negotiations with NIN /DOT relating to right -of -way acquisition, construction details, and the future turnback of West River Road. b. Nonexclusive License Agreement with Brooklyn Center National Little League, Inc. *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 21, 1985 CITY HALL CALL TO ORDER The Brooklyn, Center City Council met in regular session and was called, to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. INVOCATION The invocation was offered by Pastor Calvin Merritt of Brooklyn Center Baptist Church. OPEN FORUM Mayor Nyquist recognized Mr. Paul Cichy, 7249 West River Road, who stated he is one of the residents being relocated due to the upgrading of T.H. 252. Mr. Cichy • expressed his frustration over working with the State of Minnesota in getting relocated, and said the City government shares responsibility for assisting residents in relocation. He explained his particular circumstances and requested the City Council to speak with someone at the State level to assist in resolving his problems. The City Manager said staff will review Mr. Cichy's particular situation within, the next week in order to determine the problem, and will report back to Mr. Cichy by the end of the week. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. No requests were made. APPOINTMENT OF ELECTION JUDGES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the appointment of election judges for the November 5, 1985 General Election. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 85 -187 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985 -24 (HUMBOLDT AVENUE SIDEWALK) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor 10 -21 -85 -1- K y thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -188 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR PURCHASE OF STREET SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: CHRISTMAS TREE SALES LOT P.Q.T. Company 4007 58th Ave. N. COMMERCIAL KENNEL LICENSE Snyder Brothers Brookdale Center FOOD ESTABLISHMENT LICENSE Arby's Brookdale Center GASOLINE SERVICE STATION LICENSE Brooklyn Center Service Inc. 6849 Brooklyn Blvd. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Women of Today 6500 Humboldt Ave. N. RENTAL DWELLING LICENSE Initial: Peter S. Kelly 3900 56th Ave. N. Bobby & Sally Robson 1107 57th Ave. N. Renewal: Gale W. Pierce 6213 Beard Ave. N. Donald P. Foster 5100 Brooklyn Blvd. C & V Management Consultant 6501 Brooklyn Blvd. Wilfird & Lillian Hollenbeck 5406 Bryant Ave. N. Ralph C. Johnson 5440, 44 Bryant Ave. N. George Shimshock 5900 Colfax Ave. N. Dale C. Wegner 5935 Dupont Ave. N. Jon & Elaine Rask 4201 Lakeside Ave. #105 Jeff & Patti Stewart 5547 Lyndale Ave. N. Lewis & Vivian Hedlund 5316 Russell Ave. N. Roger N. Eye 5332 Morgan Ave. N. M. Dietrich &-T. Schultz 6831 Toledo Ave. N. 10 -21 -85 -2- b, J. J. Barnett 2910 68th Lane J. J. Barnett 2914 68th Lane J. J. Barnett 2918 68th Lane Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. APPROVAL OF MINUTES - OCTOBER 7, 1985 - REGULAR SESSION Councilmember Hawes noted a correction to be made on page one of the minutes under the section entitled "Open Forum ". He requested that on the fourth line of the section,the word "month" be changed to the word "year ". There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the October 7, 1985 City Council meeting as corrected. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Lhotka abstained from voting as he was not in attendance at the October 7, 1985 meeting. PLANNING COMMISSION RESIGNATION AND APPOINTMENT Mayor Nyquist noted that Nancy Manson had resigned as a member of the Planning Commission. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to direct staff to prepare a resolution recognizing the contributions of Ms. Manson. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist noted he had received an application from Ms. Ann Wallerstedt to serve on the Planning Commission. Councilmember Lhotka asked for the effective date of Ms. Manson's resignation from the Planning Commission, and Mayor Nyquist noted the effective date of the resignation was the last Planning Commission meeting on October 10, 1985. Councilmember Lhotka asked if Ms Wallerstedt's application is the only one that the City has for the area served by Ms. Manson, and Mayor Nyquist responded affirmatively. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint Ms. Ann Wallerstedt:to serve on the Planning Commission. Voting in favor: Mayor Nyquist, Councilmembers-Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Setting Public Hearing on 1985 Single Family Revenue Bond Program. He stated this program is similar to the 1981 first time home buyer bonds. RESOLUTION NO. 85 -189 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION SETTING PUBLIC HEARING ON 1985 SINGLE FAMILY REVENUE BOND PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor 10 -21 -85 -3- thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the Notice of Public Sale General Obligation Tax Increment Bonds. Staff and the City Council briefly discussed the proposal. Councilmember Lhotka asked what the purpose of the bond money is. The City Manager stated it will be used to finance the purchase of the red buildings on the Earle Brown Farm, and to cover the costs of the Texas Air property, rejuvenating the red buildings, and the beautification project required by law. RESOLUTION NO. 85 -190 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,250,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the City to Settle the Lift Station Claims. Councilmember Lhotka expressed deep concern over the Council's decision to attempt to settle the lift station claims against the recommendation of the City Attorney. He presented Mayor Nyquist with a claim from a separate incident and said such occurrences will happen again. Councilmember Lhotka encouraged the other members of the City Council to reconsider their action from the previous meeting. Councilmember Hawes asked for an explanation of what the City's liability insurance covers, and the Finance Director explained the coverage. The City Manager noted the insurance not only covers sewer claims, but also all general claims against the City. He added that the staff will provide the City Council with a recent listing of all claims against the City covered under the general liability insurance. Councilmember Hawes noted that this situation has dragged on for many months, the responsiblity is now being transferred from the property owners to the City Council, and he feels this is unfair. Councilmember Theis pointed out that at the last meeting he voted in favor of having the City take action in order to get the claims settled, and he believes the City's negligence will be very minor. He added he expects the contractor's insurance to pay for the claims. RESOLUTION NO. 85 -191 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY TO PURCHASE CLAIMS ARISING FROM THE FAILURE OF LIFT STATION #1 AND OBTAINING REIMBURSEMENT FROM ALL RESPONSIBLE PARTIES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis. Councilmember Lhotka asked if the new sewer claim presented to Mayor Nyquist this evening will be included in the resolution, and Mayor Nyquist stated it will not be — because it is a different case. Upon vote being taken on the foregoing resolution, the following members voted in 10 -21 -85 -4- favor: Mayor Nyquist, Councilmembers Scott and Theis. Voting against Councilmembers Lhotka and Hawes. The motion passed. PLANNING COMMISSION ITEM PLANNING - COMMISSION APPLICATION NO. 85027 SUBMITTED BY FOUNDATION STONE MINISTRIES, INC. REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A CHURCH WITH SEATING CAPACITY OF 800 AT THE SOUTHWEST CORNER OF 1-94 AND BROOKLYN BOULEVARD The City Manager stated this item was recommended for approval by the Planning Commission at its October 10, 1985 meeting. The Director of Planning & Inspection referred the Council to pages one through three of the October 10, 1985 Planning Commission meeting minutes and proceeded to review the request submitted by Foundation Stone Ministries, Inc. He noted the Planning Commission recommended approval of the application subject to 18 conditions. He stated a public hearing has been scheduled for this evening, notices have been sent, and representatives of the applicant are present at this evening's meeting. Councilmember Lhotka asked for an explanation of the catch basins, and the Director of Planning & Inspection reviewed the plan. Councilmember Lhotka inquired about the status of the right-of -away of the property leading to Indiana Avenue North and asked that the City review the possibility of vacating the property in order to avoid access onto 66th and Indiana Avenues North. The City Manager said staff will do so. Councilmember Scott expressed concern over the lack of landscaping and requested that the application include additional landscaping. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85027. He recognized the resident owning property on one of the lots south of the site who expressed concern for flooding in the area. The City Manager reviewed the plan for the storm catch basins. Mayor Nyquist recognized Mr. Mark Anderson, who identified himself as pastor of the Foundation Stone Ministries Church. He confirmed that catch basins will be on the property, and pointed out that Foundation Stone Ministries, Inc. has cooperated with residents in the area to adjust their plans to satisfy the residents' requests. Mayor Nyquist noted out that traffic studies show that a car travels every three seconds on Brooklyn Boulevard around noon on Sundays, and he asked when the church plans to hold its services. Mr. Anderson noted that two services are scheduled, one at 8:30 a.m. and the other at 11:00 a.m. on Sundays. He stated that approximately two /thirds of the congregation attends the 8 :30 a.m. service, while the rest of the congregation attends the 11:00 a.m. service. Councilmember asked how it would be possible to assure that construction vehicles access the property by Brooklyn Boulevard only and not by the Indiana Avenue North area. The City Manager stated adequate barriers will be in place, and if reports are received from residents regarding any related problems, a better barrier will be installed. Councilmember Hawes expressed concern for the number of vehicles that will exit the property onto southbound Brooklyn Boulevard following a service, particularly if the vehicles make a U -turn at 65th Avenue and Brooklyn Boulevard. The City Manager noted that proper signage will be in place and enforced. Councilmember Hawes inquired about the one hundred year flood stage, and the Director of Public Works noted that there is concern for this only in the flood plain area, and the applicant's property is not in this area. 10 -21 -85 -5- The Director of Public Works noted the church parking lot will hold the storm water pond. A resident asked where church parishioners will park if the parking lot is filled with water. The City Manager stated they will not be able to park in the parking lot, but the situation would clear up within a short period of time. The Director of Public Works noted that calculations indicate for a heavy run -off, once in five years water will accumulate to a depth of six inches for a period of 15 minutes. He noted the low point will be towards the south side of the site, and the water will drain into the storm sewer at 65th Avenue North. The Public Works Director said additional relief will be available from the ditch on the south side of I -694 as it is lower than the ro ert A resident inquired if an e P P Y• q Y r problems ms would arise from the melting of a heavy snow fall. The Director of Public Works noted that snowfall is not unusually close to the peak drainage and, therefore, few problems will be associated with this. Mayor Nyquist recognized Mr. Bill Williams, 4018 65th Avenue North, who expressed concern over the status of the covenants on the two lots south of the applicant's property if the applicant would purchase these two lots. The Director of Planning & Inspection noted that he has received conflicting opinions on the covenants, which limit development on the sites to single family residences. Mr. Williams asked if the City is encouraging the applicant to purchase the lots south of the property, at I -694 and Brooklyn Boulevard, and the Director of Planning & Inspection noted that the City has encouraged anyone who wants to develop on the property to also acquire lots south of the property to improve access to the site. To date, the problems have been related to the covenants. Mayor Nyquist recognized Mr. Chuck Gustafson, 3801 66th Avenue North, who expressed concern over not being able to turn out of France Avenue North onto southbound Brooklyn Boulevard if the median on Brooklyn Boulevard is extended. The City Manager noted that eventually this is a possibility, as the intention is to extend the median all the way to 65th Avenue North. Another resident asked for clarification of the possible access to the property from the west side. The City Manager noted that staff has been directed to review the possibility of vacating the right -of -way. The resident asked what would stop the City from reopening the access if increased traffic on Brooklyn Boulevard becomes a problem, and requested assurances that this would not be done. The City Manager stated the City cannot give a 100% guarantee because any action the City Council takes may also be changed at some future date. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 85027. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Scott requested that item No. 18 in the application be changed to include additional landscaping plans. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Application No. 85027 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 10 -21 -85 -6- 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with the requirements of the Uniform Building Code, Chapter 3802 b. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. Access to the church site shall be right -in /right -out only. The median in Brooklyn Boulevard shall be extended in accordance with the recommendations of the City Engineer and Hennepin County. Access to the site from 66th and Indiana shall be prohibited. 9. A deceleration lane on the outside of the southbound lane of Brooklyn Boulevard shall be installed in accordance with the recommendations of the City Engineer and Hennepin County. 10. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. _ 11. The permit is issued to the applicant and is nontransferable. 12. Plan approval in noway commits the City to acceptance of the conceptual master plan submitted with the development plans for the church. Future additions shall be subject to an amendment of the Special Use Permit and conformance to City requirements through the site and building plan process. 13. The site shall be bounded on all sides adjacent to single- family residences and to Indiana Avenue North right -of -way with a minimum 6' high wood fence for both screening and security purposes. 14. An as -built survey of all site utilities shall be submitted to the Engineering Department prior to release of the performance guarantee. 10 -21 -85 -7- : 15. The applicant is encouraged to acquire the lots adjacent to the site to the south along Brooklyn Boulevard in order to move the access as far from the intersection of I -94 and Brooklyn Boulevard as possible. 16. Site lighting shall conform to the requirements of Section 35 -712 of the Zoning Ordinance. 17. The applicant shall obtain a temporary construction easement for regrading of the north portion of the lots of 4024 and 4100 65th Avenue North prior to the issuance of permits, or construct additional catch basins between 4024 and 410065th Avenue North. 18. The landscape plan shall be modified prior to the issuance of building permits to indicate the following: a. sod in all green areas b. provide additional trees along Brooklyn Boulevard c. provide variety of species for parking lot island areas d. provide more trees and shrubs in the landscaped area north of the building. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. l PLANNING COMMISSION APPLICATION NO. 85032 SUBMITTED BY ARBY'S REQUESTING A VARIANCE FROM SECTION 34 -140, SUBSECTION 3.a.1.b OF THE SIGN ORDINANCE TO ALLOW 'A TENANT IDENTIFICATION WALL SIGN ON THE CANOPY ABOVE THE NORTHWEST ENTRANCE TO BROOKDALE MALL AND NOT ON EXTERIOR WALL SPACE OF THE ARBY'S TENANT SPACE The Director of Planning & Inspection noted that Arby's has requested this application be laid over for two weeks prior to review by the City Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table Application No. 85032 to the November 4, 1985 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 85033 SUBMITTED BY ZANTIGO'S REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT AN 82 -SEAT ZANTIGO'S RESTAURANT WITH DRIVE -UP WINDOW AT 5532 BROOKLYN BOULEVARD, THE PRESENT SITE OF NANKIN EXPRESS The City Manager noted this item was recommended for approval by the Planning Commission at its October 10, 1985 meeting. The Director of Planning & Inspection referred the Council to pages six and seven of the Planning Commission's October 10,- 1985 meeting minutes and the attached informational sheet to those minutes. He reviewed the application and noted the Planning Commission recommended approval of the application subject to 12 conditions. The Director of Planning & Inspection stated notices have been sent for this evening's public hearing, and the applicant is present at the meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 10 -21 -85 -8- No. 85033• He 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 Hawes and seconded by Councilmember Theis to Close the public hearing on Application No. 85033• Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Application No. 85033 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) to assure completion of approved site improvements shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5• The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 10. The plans shall be modified prior to issuance of building permits to provide the following: a. A curbed and landscaped delineator between the 90 degree and 45 degree stalls on the south side of the parking lot. b. Indication of sod rather than rock mulch in the interior side yard greenstrips. 10 -21 -85 -9- 11. On -site traffic control signery shall be subject to review and approval by the City Engineer. 12. A copy of an as -built utility survey shall be submitted to the Engineering Department prior to release of the performance guarantee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON A PROPOSED PROJECT AND ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS r ' The City Manager noted this item relates to the proposed project for Ryan Construction Company. He reviewed the proposal and discussed it with the City Council. Councilmember Lhotka asked if the first building to be constructed by Ryan Construction Company will be built with or without industrial revenue bonds. Mayor Nyquist recognized Mr. Jim Ryan, who stated that the project cannot be done without industrial revenue bonds within the next 12 month period. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Project and Issuance of Industrial Development Revenue Bonds. He 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 Scott to close the public hearing on a Proposed Project and Issuance of Industrial Development Revenue Bonds. Voting in favors Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager noted the recommended resolution would include the amendments of sections 3.5 and 3.6. RESOLUTION NO. 85 -192 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT (BROOKDALE CORPORATE CENTER III PROJECT): REFERRING -THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL: AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. CONSIDERATION OF ON -SALE INTOXICATING LIQUOR LICENSE AND SALE ON SUNDAY FOR THE GROUND ROUND RESTAURANT The City Manager noted that this application is a result of a change in the corporate structure of the Ground Round. Councilmember Lhotka asked if this is a conditional approval and the City Manager responded affirmatively. 10 -21 -85 -10 f Y s There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to conditionally approve the application for On -Sale Intoxicating Liquor License and Sale on Sunday for the Ground Round Restaurant. Councilmember Theis asked if the reorganization of the Ground Round is corporate -wide as opposed to local, and the City Manager stated it is corporate -wide. Upon vote being taken on the foregoing resolution, the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 85 - 193 Member Celia Scott introduced the following resolution and moved its adoptions RESOLUTION APPROVING LAND SURVEYORS CERTIFICATE OF CORRECTION TO PLAT OF BROOKLYN MOBIL The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION GARAGE SALES Councilmember Hawes asked what the status is of the staff's action on the complaints from the October 7, 1985 City Council meeting regarding garage sales. The City Manager noted that staff is working on this and will recommend some changes in the structure of the ordinance related to garage sales. ALL- AMERICA CITIES The City Manager stated the Brooklyn Center All- America Cities Committee will be making a presentation in November in Cincinnati, Ohio, and is looking for financing for its presentation. The committee is developing a professional slide show, P g P ,and the City Manager requested that the City donate $1,000 towards the preparation of the slide show. Councilmember Theis asked if City staff will have access to the slide show, and the City Manager responded affirmatively. Councilmember Theis asked what the total expenditures for the committee will be, and the City Manager ` responded that the budget is $7,500. He noted the largest cost is for transportation and lodging, but other costs include the presentation materials, registration, and meals. Mayor Nyquist pointed out that participants will be traveling t Y P 11 o Cincinnati P P g by chartered bus, and a large portion of the cost for the bus has been donated by the bus company. Councilmember Theis asked how much money as asked of the Ci and the Y Y� City Manager stated that no request was made. Mayor Nyquist noted that the q Y Yq committee has already received several $1,000 contributions from area businesses. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to donate $1,000 to the Brooklyn Center All - America Cities Committee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none The motion passed unanimously. ` 10 -21 -85 -11- ADJOURNMENT There was a motion by Councilmember Scott and seconded by Counciimember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:09 p.m. Deputy City Clerk Mayor 10 -21 -85 -12- 7A PROCLAMATION DECLARING THE WEEK OF NOVENMER 24 -30, 1985 AS ALL AMERICAN BUCKLE UP WHEREAS, motor vehicle crashes are the leading cause of violent deaths for people between the ages of six and 50 in the United States -- more than 50,000 in 1980, and 44,24 in 1984; and WHEREAS, motor vehicle crashes account for ten times more fatalities than all other forms of transportation combined; and EAS educe nd C,e,,t` J WHEREAS, the use of safety belts and child safety seats �'rl'tsf -aneP ��ggi ilSt r�ri�nk ani rin„� r�ri �are and- / WHEREAS, the current nationwide economic losses resulting from traffic crashes exceed $65 billion each year; and WHEREAS, the All American Buckle Up is a nation -wide challenge asking citizens to make safety a lifetime habit by using child safety seats and wearing their safety belt every time they get into a motor vehicle; and WHEREAS, the All American Buckle Up, designated for November 24 - 30, 1985, will give communities and organizations an opportunity to develop special programs to focus public attention on the utility of safety belts in saving lives; and WHEREAS, the All American Buckle Up provides the opportunity to increase safety belt usage in the United States. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, join in this important national event, call upon all citizens to establish a goal of always using occupant protection systems while traveling in motor vehicles, and do hereby proclaim the week of November 24 -30, 1985 as All American Buckle Up Week. November 4, 1985 Date Mayor Seal Attest Clerk PROCLAMATION 17 DECLARING THE WEEK OF DECEMBER 15 -21, 1985 AS NATIONAL DRUNK & DRUGGED DRIVING AWARENESS WEEK WHEREAS, traffic crashes cause more violent deaths in the United States than any other cause, over 50,000 in 1980; and WHEREAS, traffic crashes also play a substantial role in serious injuries, causing most of the new cases of epilepsy and paraplegia in the United States each year; and WHEREAS, between 45 and 55 percent of fatally injured drivers have alcohol concentrations in their blood above the legal limit, and this figure rises to 55 to 65 percent in single - vehicle crashes; WHEREAS,. the total societal cost of drunk driving has been estimated to be as high as $25 billion a year, which does not include the human suffering that can never be measured; and WHEREAS, there are increasing reports of collisions involving drivers who have used prescription or illegal drugs; and WHEREAS, there has been a groundswell of national and local activity aimed at these problems through citizens' groups, task forces, and the Presidential Commission on Drunk Driving; and WHEREAS, increased public knowledge about the gravity of the problem of drunk and drugged driving may convince alcohol and drug users to refrain from driving, and may stimulate interest in research about effects of drugs on driving ability and the incidence of traffic crashes; and WHEREAS, national awareness of the problems of drunk and drugged driving may help to sustain current efforts to develop comprehensive solutions at the State and local levels; and WHEREAS, the Christmas and New Year's holiday period is a particularly appropriate time to focus national attention on this critical problem, because more drivers are on the roads, more social functions are attended, and more traffic collisions occur. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, by the authority vested in me, join with the United States Congress, the President of the United States, legislatures, city and town councils, governors, mayors, and other citizens across the Nation, in proclaiming the week of December 15 -21, 1985, as "National Drunk & Drugged Driving Awareness Week" in supporting national and local observances thereof, and in reminding our fellow citizens that safety belts and child safety seats are our best defense against all the hazards of the road. November 4, 1985 Date Mayor Seal Attest Clerk MEMORANDUM n 8 TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner RE: Performance Guarantees DATE: October 28, 1985 The following performance guarantees are recommended for release or reduction as specified: 1. Earle Brown Farm Estates, 5th Addition Xerxes Place North Planning Commission Application No 83024 Amount Guarantee: of Gu ant ee: $ 35 000 00 B and . Obligor. DeVries Builders This guarantee has been held to insure completion of all remaining improvements in the Earle Brown Farm P ar Estates development. A few trees have been installed and striping of common parking stalls has also been completed. The homeowner's association has voted not to have the originally 1 armed la lot installed. P P y led. Ever thin appears to be Everything Pp complete according to plan. Recommend total release. 2. Highway 100 Tennis Club 9 Y b 4001 Lakebreeze Avenue North Planning Commission Application No. 83051 Amount of Guarantee: $100,000.00 Savings Certificate Obligor: Normandale Tennis Clubs, Inc. Most paving, curb and gutter, site utilities and landscaping, are done on the north and east portions of the site. No landscaping has been put in on the south side of the lot. A turnaround at the south end of Azelia Avenue also must be completed. The cost of all landscaping on the site is approximately $25,000.00. Recommend reduction from $100,000.00 to $30,000.00 to insure completion and viability of all landscaping and completion of turnaround area. 3. Madsen Floral Townhouses 55th and Aldrich Drive Planning Commission Application No. 84001 Amount of Guarantee: $72,000.00 Letter of Credit Obligor: Reynolds Homes, Inc Most perimeter landscaping has been planted. Paving, curb and gutter and site utilities are in. Trees around the individual buildings shown on the approved plans have not been planted. Recommend reduction from $72,000.00 to $10,000.00. Approve by Director of Planning and Inspection 10A Member introduced the following resolution and Is moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF NANCY MANSON WHEREAS, Nancy Manson served as a member of the Brooklyn Center Planning Commission from January 1, 1979 through October 10, 1985; and WHEREAS, Ms. Manson served as Planning Commission Chairman Pro tem from January 1, 1982 through October 10, 1985; and WHEREAS, her devotion to the tasks and responsibilities of the Commission contributed substantially to the sound progress and development of the City; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Nancy Manson as a member of the Planning Commission is hereby recognized and appreciated by 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. t 3 Member introduced the following resolution and /O moved its adoption: RESOLUTION N0. RESOLUTION AUTHORIZING CERTAIN TECHNICAL ADJUSTMENTS AND REVISIONS TO EARLE BROWN FARM REDEVELOPMENT PLAN EARLE BROWN FARM TAX INCREMENT DISTRICT PLAN BE IT RESOLVED by the City Council of the City of Brooklyn Center (City) as follows: Section 1. Background 1.01. The Brooklyn Center Housing and Redevelopment Authority (Authority) has approved the Redevelopment Plan and Tax increment Financing Plan for the Earle Brown Farm Redevelopment Project (The Plan) and has recommended to the Brooklyn Center City Council that it conduct public hearings thereon and approve the Plans. 1.02. The City Council did hold such public hearing and did approve The Plan. 1.03. The Plan is contained in a document entitled "Earle Brown Farm Redevelopment Plan and Tax Increment District Plan dated — July 22 , 1985., now on file with the Authority. Section 2. Technical Adjustments and Revisions 2.01. The City has been notified by the office of the County Auditor that a certain property described in The Plan by Property Identification Numbers is not contained in the boundary description of the Project Area, to wit: 02- 118 -21 -i1 -0002 That upon examination it has been determined that such ..parcel is not located within the district boundaries; and that reference to such parcel should be removed from The Plan. 2.02. The City has been notified by the office of the County Auditor that certain properties which should be included within the boundary of The Plan were not in the listing of Property Identification Numbers contained in The Plan; to wit: 35- 119 -21 -43 -0008 44- 119 -21 -44 -0006 s RESOLUTION NO. That upon examination it has been determined that such parcels are located within the district boundaries and that reference to such parcels should be added. 2.03. The Redevelopment Plan includes as a stated objective to make land available within the Earle Brown site for use as high density residential development. Such statement, however, should not be interpreted to preclude the use of such lands for an appropriately structured commercial development such as office buildings. Section 3. Approval 3.01. The City hereby approves a revision of The Plan by deleting from pages 1 and 10 thereof, the references to Property Identification Number 02- 118 -21 -11 -0002. 3.02. The City hereby approves a revision of The Plan by adding to pages 1 and 10 a reference to Property Identification Numbers 35- 119 -21 -43 -0008 and 44- 119 -21 -44 -0006. 3.03. The City hereby qualifies all references in The Plan to making land within the Earle Brown Farm site available for high density residential development with the further proviso that appropriate commercial uses of such site should also be considered. Date Mayor ATTEST: City 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. 2 /Oe Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION APPROVING AGREEMENT NO. 62373 BETWEEN THE CITY OF BROOKLYN CENTER AND THE STATE OF MINNESOTA, PROVIDING FOR THE INSTALLATION OF CROSSING GATES AND FLASHERS AT THE SOO LINE RAILROAD CROSSING ON FRANCE AVENUE NORTH BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that the City of Brooklyn Center enter into an Agreement with Soo Line Railroad Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of France Avenue North with the tracks of Soo Line Railroad company in Brooklyn Center, Minnesota, and appointing the Commissioner of Transportation agent for the City of Brooklyn Center to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36 (1984) The City's share of the cost shall be 0 percent of the total cost. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City of Brooklyn Center. Date Mayon 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. Hennepin County Agreement No. PW 22 -40 -85 AGREEMENT NO. 62373 . -� DATED: MI APPROVED BY Y CC NCIL S.P. 27 -00185 i985 �EQ 1 o Minn. Proj r -RRS RRP_0225(11) clilk Railroad Crossing Signals and Surfaces Ten Non -Trunk Highway Crossings 4 6 U 9- in Hennepin County, Minnesota SOO LINE RAILROAD COMPANY FUNDS: FEDERAL, STATE $ RAILROAD THIS AGREEMENT, made and entered into by and between the COUNTY OF HENNEPIN, hereinafter called the "County ", the CITY OF MINNEAPOLIS, hereinafter called "Minneapolis ", the CITY OF BROOKLYN CENTER, hereinafter called "Brooklyn Center ", the CITY OF PLYMOUTH, hereinafter called "Plymouth ", the CITY OF MEDINA, hereinafter called "Medina", SOO LINE RAILROAD COMPANY, hereinafter called the "Company ", and the COMMISSIONER OF TRANSPORTATION, STATE OF MINNESOTA, hereinafter called the "State ", WITNESSETH: WHEREAS, the Federal Highway Administration, when acting in cooperation with the Transportation Department of the State of Minnesota, is authorized by. Act of Congress to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the State of Minnesota; and WHEREAS, the State, pursuant to Minnesota Statute, Section 219.39 & .40 . (1984), is authorized to conduct investigations into conditions at any railroad grade crossing and may order the installation of any warning devices or safeguards that it considers necessary for the protection of life and property and WHEREAS, the State, pursuant to Minnesota Statute, Section 161.36 (1994), is authorized to cooperate with the United States Government in contracting for j the construction improvement and maintenance of roads and bridges not included in the trunk highway system which are financed in whole or in part by federal moneys; and -1- AGREEMENT NO. 62373 WHEREAS, the ten non -trunk highway crossings, as established in Exhibit "B" cross the tracks of the Company at grade in Hennepin County, Minnesota, the location of said crossings and railway tracks being shown on the print hereto attached, marked Exhibit "C "; and WHEREAS, the County, Minneapolis, Brooklyn Center, Plymouth, Medina and the Company desire that the respective grade crossings be protected by railroad crossing signals, as shown and established in Exhibit "D ", and the Company is willing to install, maintain and operate such signals upon the terms and conditions hreinafter- stated; and WHEREAS, the County, Minneapolis and the Company desire that the respective crossing surfaces should be replaced as shown and established in Exhibit "D'', and the Company is willing to install and maintain the surfaces upon the terms and conditions hereinafter stated. NOW, THEN, IT IS AGREED: 1. The State of Minnesota, Department of Transportation, "Standard Clauses for Railway Highway Agreements ", dated August 1, 1984, is attached hereto as Exhibit "A ", and hereinafter referred to as "Standard Clauses ". Except as hereinafter expressly modified, all of the terms and conditions set forth in the "Standard Clauses" are hereby incorporated by reference and made a part of this agreement with the same force and effect as though fully set forth therein. Standard Clauses Nos. 1, 2, 3, 4, S, 8a, 10 and 11 are deleted from this agreement. 2. Exhibit "B", the crossing project list, Exhibit "C ", the location prints, and Exhibit "D ", the detailed cost estimates, are hereto attached and made a part of this agreement. -2- , 1�. C. , y AGREEMENT NO. 62373 3. The Company shall furnish all material for and with its regularly employed forces install complete railroad crossing signal systems and crossing surface$ on ten non -trunk highway crossings, as indicated in Exhibits "B" & "C". The placement of the signals shall be in accordance with Part VIII of the Manual on Uniform Traffic Control Devices (MUTCD). Detailed plans, specifications and the work to be done shall be subject to the approval of the Department of Transportation of the State of Minnesota. Work of installing these signal systems and crossing surfaces shall be prosecuted so as to be completed within 24 months after the date the Company is authorized to begin work. Once surface work in the field at a given crossing has begun, it shall be completed within 10 working days. If the Company shall determine it impossible to complete the work within S the period herein specified, it shall make a written request to the State for an extension of time for completion, setting forth therein the reason for such extension. 4. The actual costs of the project herein contemplated, including preliminary engineering costs, are to be financed with 90% Federal Funds. The remaining 10 will be financed by the State on signal costs and by the Company on surface costs. The State will reimburse the Company as provided herein for only such items of work and expense as are proper and eligible for payment with Federal Funds. Only materials actually incorporated into the project will be eligible for Federal reimbursement. The State's portion will be paid to the Company in accordance with Article 9 of the Standard Clauses, Exhibit "A ". -3- AGREEMENT NO. 62373 It is understood that the following estimates are for informational purposes' only. The estimated cost of the work to be done by the Company hereunder with its own equipment and regularly employed forces and in accordance with the Company's agreements with such regularly employed forces is as follows and in further accordance with detailed estimates, Exhibit "D". SIGNALS Minneapolis 45th Ave. No. 12" Lenses $ 6,950.00 Minneapolis CSAH 57 12" Lenses 8,300.00 Brooklyn Center France Ave. No. Gates & Flashers 109,415.00 Crystal CMSAS 8 12" Lenses 17,600.00 Crystal CMSAS 102 12" Lenses 17,000.00 New Hope CSAH 156 12" Lenses & Gates 62,356.00 Plymouth Larch Lane Gates 69,828.00 Plymouth W. Med. Lake Rd. Flashers 55,926.00 Medina Sioux Dr. Gates 86,388.00 Medina Pioneer Trail Flashers 56,276.00 TOTAL ESTIMATED COST $490,039.00 Portion of costs allocated to State of Minnesota (100 of actual costs) $ 49,003.90 Reimbursable with Federal Funds $441,035.10 SURFACES Minneapolis 45th Ave. No. Upgrade Surface $101,950.00 Minneapolis CSAH 57 Upgrade Surface 153,400.00 Crystal CMSAS 8 Upgrade Surface 60,720:00 Crystal CMSAS 102 Upgrade Surface 51,200.00 TOTAL ESTIMATED COST $367,270.00 Portion.of costs allocated to Soo Line Rail - road Company (100 of actual costs) $ 36,727.00 Reimbursable with Federal Funds $330,543.00 Total State Funds $ 49,003.90 Total Railroad Funds 36,727.00 Total Federal Funds $771,578.10 TOTAL ESTIMATED COST $857,309.00 , t P .e 1 AGREEMENT NO. 62373 5a, In the event it is determined that a change from the foregoing state- ment of work to be performed by the Company is required, it shall be authorized only by-an amendment to this agreement executed prior to the performance of the work involved in the change. b. In the event it is found that the work has not changed from the foregoing statement of work to be performed by the Company, but the estimated amount in this agreement is less than the actual cost of performing the work, then an increase will be allowed to the extent of such actual cost without an amendment in accordance with paragraph 15 of Exhibit A. 6. Not withstanding paragraph 8 hereof, the said grade crossing signal systems and crossing surfaces shall be maintained and operated by the Company upon completion of their installation, but this said obligation to maintain said signal systems and crossing surfaces shall continue in accordance with the law` of the State as it shall be from time to time in the future. 7. The signal systems shall not be removed unless there has been a determination that said signals are no longer required at these locations. If the signals or crossing surfaces are to be removed, the Company upon request of the State shall reinstall them at some other crossing within the State on the Company's tracks. The location and division of cost of such relocation shall be upon between the Company and the State prior to such removal. In the event that either railway or highway improvements will necessitate r a rearrangement of the signals or crossing surfaces at said crossings, the party whose improvement causes said changes will bear the entire cost of the same without obligation to the other. ` -5- , AGREEMENT NO. 62373 8. The term of this agreement shall be three years from date of agreement in which time it is expected that all work, inspections, billings, audits and payments shall be accomplished. Any extension of the three year limit shall be with the approval of all parties to the agreement. 9. If there is a need for a road detour, it shall be the County's and Minneapolis' responsibility to set up the road detour and detour signing for their respective crossings. It is understood that the Company shall coordinate any necessary road detour with the County and Minneapolis for the respective< crossing surface installations prior to the starting date. The County and Minneapolis shall bear all costs involved in setting up the road detour and needed approach work for the respective crossing surface installations. r - -6- a Agreement No. 62373 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed. 0 MIN APOLIS R COUNT 0 NNEP N B �Mayo Chairman of its County Board v! Attest: Date: C� Assistant 'Cit lerk Countersi ' AND: ` City �omptro r soc: te nt drain r for CITY OF KLYN CENTER and C unty En • veer RECOMMEND D FOR APPROVALS By: By: a. Mayor Director, Dept. of Transportation By: Date: Gfi3 /s' City Clerk Attest: - ATT T: s opcju B Director of Finance /City Treasurer CITY OF PLYMOUTH Dat - 71 5 By: Mayor Upon proper execution, this agreement will be ly valid and binding. By: , /- City Clerk By: J/ Attest: County Attorn • City Comptroller Date: / Z j CITY OF MEDINA By: SOO LINE RAILROAD COMPANY Mayor By: By: City Clerk Title: Attest STATE OF MINNESOTA COMMISSIONER OF TRANSPORTATION Recommended for Approval: By: By' Assistant Commissioner Program Management Division Director, Railroad Administration Dated: 19 Approved as to Form and Execution: APPROVED: DEPARTMENT OF ADMINISTRATION Special Assistant Attorney General B APPROVED AS TO IEGAUTY Authorized Signature PATE • Iry -c7t`! r ASST. CITY ATT0t*EY _ 7 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION INVITING CITIZENS TO LIGHT PORCHLIGHTS OR OTHER LIGHTS FROM DUSK TO DAWN ON NOVEMBER 19 AND 20, 1985 WHEREAS, the United States and the Soviet Union among all nations lead in the development and accumulation of weapons with the ability to devastate and possibly end human life on Earth; and WHEREAS, the increased speed and accuracy of nuclear weapons on both sides l greatly increase the danger that nuclear war will occur; and WHEREAS, scientific evidence suggests that the detonation of even a small number of nuclear weapons already in existence would result in dramatic climatic changes which likely would end human life; and WHEREAS, President of the United States Ronald Reagan and General Secretary of the Soviet Union Mikhail Gorbachev share responsiblity for the avoidance of nuclear war, the peaceful resolution of global conflict and the instigation of joint cooperation projects; and WHEREAS, leaders of the National Council of Churches of Christ in the USA, the World Council of Churches and the United States Catholic Conference have called upon citizens everywhere to light porchlights and other lights on November 19 and 20, 1985 from dusk to dawn to openly display their desire for world peace. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that all citizens light porchlights or other lights from dusk to dawn on November 19 and 20, 1985 while President Reagan and General Secretary Gorbachev meet in summit in order to openly express their deepest hope that President Reagan and General Secretary Gorbachev will heed the desire of people around the world to work, raise children, build communities and pursue a quality of life free from the threat of war. -- by reaching an understanding on an arms control agreement which significantly cuts nuclear stockpiles and makes strides toward halting the arms race between the United States and the Soviet Union. 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. LES AuCOIN — 1sT Dismmar. Ommm CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515 Oct. 22, 1985 To: Mayors, City Managers Fran: Congressman Les AuCoin Re: Lights On For Peace Next rmnth, at their Geneva summit, President Reagan and General Secretary Gorbachev share a tremendous opportunity to reduce the threat of nuclear war by reaching an agreement on the framework of an arms control treaty. Into these meetings, they carry the single, unifying hope of people around the world that we all will be allowed to live our lives at peace. As the summit approaches, we have a chance to take a simple, eloquent step that demonstrates this hope. Following the leadership of the National Council of Churches, the World Council of Churches and the United States Catholic Conference, I am introducing in Congress, along with Senators Mark Hatfield and Paul Simon and Congressmian Silvio Conte a resolution calling upon Rnericans to join together by lighting porchlights, candles, and other lights on November 19th and 20th, 1985 from dusk until dawn. This nationwide effort will 1 demonstrate n rate our yearning g for world peace and for a summit that genuinely produces greater understanding and cooperation between the U.S. and the U.S.S.R. I'm writing to you today because with your help, this undertaking can indeed symbolize the hopes and expectations of the entire nation. Specifically, I urge you to (1) issue a local version of the attached resolution in the form of a mayoral proclamation or, as - - an alternative, submit it for approval by your city council; (2) promote and publicize this project throughout your carrnunity; and (3) take the lead in your community by lighting your own porchlight during the two nights of the summit. Since time is short, I urge you to contact Stephen Anderson in my Portland, Oregon office (by mail at 1716 Federal Building, 1220 S.W. Third, Portland, Oregon 97204 or by phone at 503 - 221 -2901) to keep me informmed of your progress. I greatly appreciate your support. Your cooperation in bringing this drive to the attention of the people of your city will be a significant contribution. 2446 RAYBURN HOUSE OFFICE BUILDING, WASHINGTON, D.C. 20515 (202) 225 -0855 1716 FEDERAL BUILDING, 1220 SW THIRD, PORTLAND, OREGON 97204 (503) 221 -2901, OREGON TOLL FREE LINE 1- 800 -452 -1920 /01, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH A.E.C. ENGINEERS AND DESIGNERS FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO INSPECTION AND RECONDITIONING OF WATER TOWER NO. 3 (LOCATED SOUTH OF T.H. 100, WEST OF LIONS PARK) BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. the proposal submitted by A.E.C. Engineers and Designers to provide professional engineering services relating to the inspection and reconditioning of Water Tower No. 3, located ;South of T.H. 100 and West of Lions Park, at an estimated total cost of $12,240 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into a contract with A.E.C. Engineers and Designers for said services 2. the following project is hereby established: WATER TOWER NO. 3 RECONDITIONING PROJECT NO. 1985 -28 3. the accounting for Project No. 1985 -28 will be done in the Public Utilities 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 :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 r TELEPHONE 561 -5440 CENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM; Sy Knapp, Director of Public Works DATE: October 31, 1985 RE: Recommendation to Employ AEC Engineers & Designers to Provide Professional Engineering Service Relating to the Inspection a g g g p nd Reconditioning of Water Tower No. 3 In 1982, the interior of the bowl in Water Tower No. 3 was repainted. Because the paint on the exterior of the tower appeared to be in good condition at that time, only the lower portion of the tower was painted as a part of that project. Total cost of that project was $44,484.00. During the past three years, the appearance of this tower has rapidly deteriorated. While the paint still provides adequate protection from corrosion, the appearance of the tower is no longer acceptable. Accordingly, we recommend that the City employ the firm of AEC Engineers and Designers to conduct an initial inspection of both the inside and outside of this tower. Although we expect to find little deterioration in those areas which were painted in 1982, we do recommend that all areas be fully inspected. In the event minor areas of deterioration are found, these should also be reconditioned to assure complete restoration of this tower. Our reason for recommending the use of AEC is that they have performed exceptionally well under their contract with us this year relating to the reconditioning of Water Tower No. 2. This is very specialized work which demands much attention to detail. AEC has shown that they have expert knowledge regarding this type of work. But most importantly, they provide the exceptional level of inspection services which is critical in assuring proper completion of the project by the contractor. As noted in AEC's proposal (copy attached), the cost for reconditioning the outside of this tower is estimated at $80,000. If initial inspection shows the need for work on the interior of the tank, those costs will be in addition to the above figure. A more detailed cost estimate will be provided by AEC after completion of the initial inspection and preparation of the specifications. This cost estimate will be submitted to the City. Council at the time that the specifications i p fications are submitted for approval. If specifications are then approved by the Council, bids would then be taken for accomplishment of the work. "74c 5 5 a' NOW October 31, 1985 Page 2 A resolution accepting AEC's proposal is submitted for consideration by the City Council. Re pectfully submitted, Sy naPe SK: jry AEC J AEC 511 Eleventh Avenue South — ENGINEERS & DESIGNERS Minneapolis, Minnesota 55415 612/332 -8905 October 22, 1985 Mr. Sylvester Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Ref: Your Water Tower #3 Subj: Proposal to perform the following services: a) Inspect the condition of the existing paint. b) Prepare new painting specification, evaluate proposals and recommend a painting contractor. c) Inspect the work of the successful painting contractor. Dear Mr. Knapp: With reference to our recent conversation, we are pleased to submit this proposal for engineering and inspection services. a) Inspect the condition of the existing paint The tank exterior and the dry surfaces inside the fluted support shaft will be visually examined at locations accessible without scaffolding. The interior inspection will be done by one or two individuals floating n rafts for however long it takes t 9 0 drain the tank. The third individual, usually provided by the municipality, is on top of the tank or nearby to assist the two men inside the tank. The tank inspection is done on a time and materials basis in conformance with the enclosed Fee Schedule. We anticipate to that if P the tank can be drained in two days, the total charges should not exceed $1,840.00, including the certified inspection report. The inspection report will conform to the guidelines of AWWA -D101. It will discuss in detail the condition of the paint, the extent of any pitting, the amount of corrosion found as well 11 as the overall condition ition of the paint. Should any repair or repainting be required, the report will so state, and give you an estimate of the anticipated painting costs. Mr. Sylvester Knapp Page 2 October 22, 1985 b) Prepare new painting specifications, evaluate proposals and recommend a painting contractor. AEC will prepare complete project specifications, and help select a qualified contractor for a flat fee, of $2,400.00. For budgetary figures, we anticipate that the sandblasting and painting of the tank exterior will cost $80,000.00. The cost of the touch -up painting on the interior of the fluted support pillar can be estimated at about $1.90 /ft . c) Inspect the work of the successful painting contractor AEC will monitor the work of the contractor, schedule a project kick -off meeting, authorize progress payments and act as your project representative on a cost -plus basis, per our Fee Schedule The total fee depends on the duration of the project. We anticipate that if the project can be completed in eight weeks, the AEC inspector will spend 23 days on the job, and any direct engineering involvement should be limited to three days. The total inspection costs should not exceed $8,000.00 if the project is completed in eight weeks. We look forward to the opportunity of working with you on this project. Sincerely, Accepted by the City of Brooklyn Center AEC - ENGINEERS & DESIGNERS o by Mayor John R. Buzek, P.E. President by 4649) -M City Manager Enclosure Date: AEC AEC— ENGINEERS & DESIGNERS Nunn apolliistMnnesota South 4 612/332 -8905 FEE SCHEDULE Engineering $60.00 /hour Estimating 45.00 /hour Technician 35.00 /hour Inspector 35.00 /hour Drafting 25.00 /hour Clerical 20.00 /hour The above rates are based on standard working hours. Reimbursable Expenses The following expenses are reimbursable to AEC: 1. Expenses of transportation and living when traveling in connection with a project. Personal or company automobile = 30¢ /mile 2. Travel time -- billed at labor rates above, with a maximum of eight hours per day 3. Long- distance calls, telegrams /telegraphs, express mail 4. Computer charges 5. Duplicating costs /office supplies 6. Outside consulting services 7. Project- related expenses such as equipment rental Billing Invoices are issued on a monthly basis. Payment terms are net 30 days. Invoices not paid within 30 days will carry a charge of 1.5 percent per month on the unpaid balance. Effective date: February 1, 1985 3621) -M Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ACQUISITION OF A PORTION OF OUTLOT A, BELLVUE ACRES ADDITION WHEREAS, the Land -Use element of the City of Brooklyn Center's Comprehensive Plan includes a recommendation to acquire properties between Lyndale Avenue and the Mississippi River, between 53rd and 57th Avenues North, for use as "public open.space "; and WHEREAS, the Director of Planning and Inspections has advised that his examination of these properties for compliance to the Building Code, to the Zoning Ordinance and to the Critical Areas Regulations shows that few, if any, of these properties could be developed or improved for private use without the granting of variances from those regulations; and it is the opinion of the City Council that no substantial variances from these regulations should be granted to properties in this area; and WHEREAS, Kenton L. Bennett, owner of the following parcel: P.I.N.: 01- 118 -21 -43 -0015 Description: That part of Outlot.A lying between the South line of Lot 4 and the South line of the North 100 feet of Lot 3, Block 1, extended has offered to sell said parcel to the City of Brooklyn Center for the sum of $4,818: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. subject to receipt of a City Attorney's opinion of marketable title, the Mayor and City Clerk are hereby authorized and directed to acquire said property at the price of $4,818.00. 2. the Finance Director is hereby authorized and directed to appropriate funds for this purpose from the Capital Projects Fund Balance to the "Riverfront Acquisition Project". RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN 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: October 30, 1985 RE: Acquisition of a Portion of Outlot A, Bellvue Acres Addition Mr. Kenton L. Bennett owns the property at 5421 Lyndale Avenue North, (ie. the property on the West side of Lyndale Avenue, on which Mr. Bennett's house is located) and the property on the East side of Lyndale Avenue, between Lyndale Avenue and the Mississippi River. Attached is a sketch showing the location of this property. Approximate frontage of this property on Lyndale Avenue is 185 feet. Mr. Bennett has contacted me with an offer to sell the property between Lyndale and the River to the City of Brooklyn Center for an amount equal to the total assessments which were levied against his property for 1985 water main and street improvements (ie. $4,818.00). The following comments are offered for consideration of this offer by the City Council. 1. The City's Comprehensive Plan recommends the acquisition of property "in this area for "public open space use ". 2. The Director of Planning and Inspections advises that, when considering these properties for compliance to the Building Code, to the Zoning Ordinance and to the Critical Areas Regulation, it Il i _appears that few, if any, of these properties could be developed or improved for private use without the granting of substantial variances from those regulations. Because of potential environmental effects of any variances, the City should be extremely reluctant to grant any substantial variances in this area. "7<ce S0� N am C� " October 30 1985 Page 2 3. The City Assessor has advised that the land value of this parcel, because it is "unbuildable" under the existing regulations is approximately $3,000. However, he also advises that a price of $4,818 would "..reflect approximately what the City would have to pay to acquire the property when appraisal fees and acquisition costs are added to the land value ". A resolution is provided for Council consideration of this matter. Res ectfully submitted, Sy napp SK: jn. ACQUIYE MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistan �r DATE: October 31, 1985 SUBJECT: Ryan IRB The 'resolution before the Council is identical to the one passed at the last' meeting. We are asking the Council to hold this public hearing and repeat the process in order to meet two (2) different time schedules. The first was to meet a State requirement to preserve the bonding money set aside for Brooklyn Center. The meeting Monday is to meet the Federal requirements necessary to issue the bonds. Given the amount of time available this was the only way to meet the requirements of both. A MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 24, 1985 COMMUNITY CENTER CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7 :37 p.m. ROLL CALL Chairman George Lucht, Commissioners Mike Nelson, Lowell Ainas, Carl Sandstrom, and Wallace Bernards. Also present were Director of Planning & Inspection Ronald Warren and Planner Gary Shallcross. Chairman Lucht explained that Commissioner Malecki was excused and that a new Commissioner, recently appointed to the Planning Commission, (Ann Wallerstedt) would not be able to attend this evening. APPROVAL OF MINUTES - OCTOBER 10, 1985 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the October 10, 1985 Planning Commission meeting as submitted. Voting in favor: Commissioners Nelson, Ainas, Sandstrom, and Bernards. Voting against: none. Not voting: Chairman Lucht. The motion passed. APPLICATION NO. 85034 (`REYNOLDS HOMES, INC.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for a variance from Section 35-410 of the zoning ordinance to allow encroachment of certain decks into the required 15' buffer area adjacent to R1 zoned property at the Madsen Floral townhouse development at 55th and Aldrich Drive. The Secretary reviewed the contents of the staff report (see Planning Commission information sheet for Application No. 85034 attached). The Secretary also noted on an overhead transparency those units with decks that encroach within the 15 buffer strip. Chairman Lucht asked the applicant whether he had anything to add. Mr. Les Reynolds stated that he had nothing further to add to the report. Commissioner Sandstrom asked whether the decks had been constructed by the July 12th date when the order was given to correct the situation. The Secretary answered in the affirmative. Commissioner Bernards noted that not all the decks encroach within the 15' buffer area. The Secretary agreed and noted which decks have encroachments. There followed a brief discussion of the size and location of the decks relative to the units. Commissioner Ainas asked what the setback of the deck at 5529 Aldrich Drive was. The Secretary answered that it was 9 1 6 11 and that 5 1 6 11 would have to be cut off of the deck. PUBLIC HEARING (Application No. 85034) Chairman Lucht then opened the — meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mr. Les Reynolds, the applicant, pointed out that the unit at 5529 Aldrich Drive has been sold for some time and that it would be difficult for him to now reduce the size of that deck. He 10 -24 -85 -1- stated that the deck would be consistent with the other units on that side which have been exempted from consideration because they were sold prior to the July 12 date. Mr. Reynolds also pointed out that the lots to the west of the townhouse development were quite deep and that the encroachment would not pose any problem to the neighboring residents. He asked that the exemption of certain decks be extended to 5529 Aldrich also since it had already been sold. Chairman Lucht asked whether anyone else wished to speak. Hearing none, he called for a motion to close the public hearing. Motion by Commissioner Ainas seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Ainas stated that he really saw no difference between the decks at 5529 and 5533 Aldrich Drive and recommended that 5529 also be excluded. Chairman Lucht asked whether a- certificate of occupancy had been issued to 5529 Aldrich Drive. Secretary answered that no certificates of occupancy had been issued on any of the units in question since the July 12 order to relocate the decks. There followed a discussion of the nature of the problem presented by the application. Commissioner Sandstrom stated that the encroachment did not seem to have a big impact on neighboring properties and that this was reflected by the fact that no neighbors had come to the public hearing. Commissioner Bernards stated that he was aware of the concerns of the neighbors and stated that they are not unconcerned about the matter. The Planner noted that a neighbor had pointed out the encroachment to the City staff. Mr. Reynolds pointed out that that neighbor was not adjacent to one of the encroaching decks. Commissioners Nelson, Ainas, and Sandstrom all stated a preference for exempting 5529 from the order to comply with the buffer requirement. The Secretary stated that he did not recommend that a variance be granted. He stated that certain decks could be excluded from consideration because they were approved prior to knowledge of the encroachment. He stated that those decks should be acknowledged as a nonconforming use but not granted a variance as such. He stated that the recommendation of the staff is to require compliance in all units still owned by the developer. He stated that he did not want to encourage noncompliance with ordinance requirements by granting variances after the fact. Commissioner Ainas stated-that he still felt that 5529 should be exempted. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 85034 (REYNOLDS HOMES,INC.) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend denial of Application No. 85034 on the grounds that the standards for a variance are not met, but exempting the units at 5529, 5533, 5545, and 5549 Aldrich Drive from their requirement to realign decks to meet the 15' buffer strip requirement on the grounds that they were sold already. Chairman Lucht stated that he could agree with aesthetically with the reasoning of the motion, but still had problems with the exemption of 5529 which had not received a certificate of occupancy. Voting in favor: Commissioners Nelson, Ainas, Sandstrom, and Bernards. Voting against: Chairman Lucht. The motion passed. Chairman Lucht explained that he did not favor granting the variance, but that he opposed the exemption of 5529 from the order to comply with the buffer requirement. APPLICATION NO. 85035 (LUTTERMAN HOMES) The Secretary . then introduced the next item of business, a request for site and 10- 24 -85' -2- building plan approval to construct a four unit townhouse /apartment building on the vacant arcel east of Burger P u er King g and - south of the PBC Clinic. The Secretary reviewed the contents of the staff report ort see Tannin • P ( Planning Commission Information Sheet for Application PA on No. 85035 attached). Chairman Lucht then asked the applicant whether he had anything to add. Mr. Dean Lutterman stated that he considered the conditions reasonable. Chairman Lucht asked whether the units would not be for sale since there was no platting involved. The Secretary responded that there was a possibility that the units would be condominiumized under the Minnesota Condominium Act. He stated that this would not involve platting or review by the Planning Commission and City Council. ACTION RECOMMENDING APPROVAL OF APPLICATION N0. - ----._ 85035 (LUTTERMAN HOMES) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 85035, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. s. 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B6 curbing may be installed as a continuation of the existing B6 curbing on the site. 7. Plan approval acknowledges a density credit of 2,000 sq. ft. for four under - building parking stalls. The development is considered to contain three townhouse units and one apartment unit. Four units are allowed because 16,653 sq. ft. of site area allows for more than 3.5 units when density credits are calculated. 8. The plans shall be modified prior to the issuance of permits to indicate: a) Type of curbing and where new curbing will be installed. b) Utility services to the units within the development. 10 -24 -85 -3- c) Sod in all green areas disturbed by construction. d) Provision of a landscape schedule showing all plantings by size, quantity and type. e) The building elevations shall be redrawn to reflect the physical realities of the proposed site. Voting in favor: Chairman Lucht, Commissioners Nelson, Ainas, Sandstrom, and Bernards. Voting against: none. g g The motion p assed APPLICATION NO. 85031 (FEDERAL LUMBER) The Secretary then referred the Commission's attention to the Federal Lumber application, an appeal from a determination by staff that office uses are not allowed in the I -2 zoning district as principal uses. He stated that the applicant had requested that the matter be tabled until the Commission's next meeting. ACTION TABLING APPLICATION NO. 85031 (FEDERAL LUMBER) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to table Application No. 85031 at the applicant's request. Voting in favor: Chairman Lucht, Commissioners Nelson, Ainas, Sandstrom, and Bernards. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 8:32 p.m. and resumed at 8:54 p.m. During the recess Commissioner Ainas left and the City Manager, Director of Public Works, and Director of Recreation arrived to discuss the proposed golf course. APPLICATION NOS. 85036 AND 85037 (CITY OF BROOKLYN CENTER) Following the recess, the Secretary introduced the next item of business, a request for site and building plan and special use permit approval to develop a golf course on the vacant land west of Lions Park along Shingle Creek, south of T.H. 100. Application No. 85037 was a request for a flood plain special use permit to allow filling, excavating, and regrading in the flood way zone. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application Nos. 85036 and 85037 attached). The City Manager noted one addition that construction of the parking lot for the golf course would not be accomplished until after the Little League season in 1986. The Secretary then noted the plan to relocate the Little League field from its existing location down into Lions Park. Commissioner Bernards asked whether golf carts would be available at the new golf course. The Recreation Director answered that they would be available on a limited basis. The Director of Public Works then reviewed certain aspects of the flood plain special use application. He pointed out that the latest grading plan now does meet the requirement for 90 acre feet of water storage. He reviewed the conditions imposed by the Shingle Creek Watershed Commission on the regrading of the land in the flood plain. He noted that, in addition to concerns' regarding water storage capacity, there were conditions relating to erosion control and requirement for a skimming device to improve water quality. PUBLIC HEARING (Application Nos. 85036 & 85037) Chairman Lucht then opened the meeting for a public hearing regarding Application No. 85036 for a special use 10 -24 -85 _4_ permit for golf P course and g Application No. 8 0 a - flood lain special use AP 5 37 permit. A P P He asked whether anyone present wished to speak regarding the application Mr. Richard Allen, 5336 North Lilac Drive, inquired as to where fencing would be put around the golf course. The City Manager explained that most of the area around the golf course would be fenced and described the areas on the overhead transparency. He noted that a path along Shingle Creek would remain open and relocated in some areas. Another neighbor from North Lilac Drive asked about the trees along the north side of North Lilac Drive. Mr. Splinter then invited the neighbors to look at the plans at the table in front of the Planning Commission. He stated that as many trees as possible would be retained and reviewed other aspects of the golf course plan. CLOSE PUBLIC HEARING Following an informal discussion of the golf course plans with the neighbors, there was a motion by Commissioner Sandstrom seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NOS. 85036 AND 85037 (CITY OF BROOKLYN CENTER) ._._ Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application Nos. AP 8 subject to the PP 5036 ., � following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. is 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The permit is subject to all applicable codes, ordinances and regulations. 8. An ordinance amendment relocating the floodway boundary of Shingle Creek south of Highway 100 shall become effective prior to issuance of building permits for the proposed clubhouse. Approval of Application No. 85037 for a flood plain special use permit is also recommended, subject to the following conditions: 10 -24 -85 -5- 1. The grading plans for the proposed golf course are subject to review and approval by the Shingle Creek Watershed Commission as to adequate hydraulic capacity in the Shingle Creek flood plain south of Highway 100 and north of 53rd Avenue North., Adequate capacity shall be equal to the existing capacity of approximately 90 acre feet of water retention. 2. Informational requirements and necessary approvals shall be obtained prior to the commencement of grading within the flood plain. Voting in favor: Chairman Lucht, Commissioners Nelson, Sandstrom, and Bernards. Voting against: none. The motion passed. The Secretary then noted that the Commission should recommend an ordinance amendment to revise the boundary of the floodway. ACTION RECOMMENDING ORDINANCE AMENDMENT Motion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend adoption of an ordinance amendment to move the boundary of the floodway line in accordance with the recommendations of the City Engineer. Voting in favor: Chairman Lucht, Commissioners Nelson, Sandstrom, and Bernards. Voting against: none. The motion passed. DISCUSSION ITEMS (EARLE BROWN FARM) qty manager then reviewed briefly with the Planning Commission the status of the Earle Brown Farm redevelopment plans. He explained that the City now does own the Earle Brown Farm and is looking at the possibility of using a portion of it for a senior center. He stated that the City was also working with Ryan Construction Company on a possible office development to the west of the farm and a land exchange that would have to take place to make efficient use of land in the area. He stated that he expected the building plans for that project to be submitted soon because there is a need for various approvals prior to the first of the year, including use of Industrial Revenue Bonds. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9 :51 p.m. Chairman 10 -24 -85 -6- Planning Commission Information Sheet Application No. 85034 Applicant: Reynolds Homes, Inc Location: Aldrich Drive, 5500 block Request: Variance The applicant requests a variance from Section 35 -410 of the Zoning Ordinance to allow less than a 15' buffer strip adjacent to neighboring Rl zoned property at the Madsen Floral Addition townhouse development on Aldrich Drive, between 55th and 56th Avenues North. The property in question is zoned R3 and is bounded by 55th Avenue North on the south, by 56th Avenue North on the north, and by single- family homes on the east and west. The reason for the variance request is that a' number of decks attached to the outer townhouse units have been built into the required 15' buffer strip area. The encroachment, where it occurs, varies from 1' to 5'. The 15' buffer strip was indicated on the approved site plan for the development,but decks were not. A smaller optional deck was shown on the approved building plans, but separate deck permits were not taken and larger decks have been built with virtually every unit. This has resulted in the encroachment of a number of the outer townhouse units. The applicant has submitted a letter (attached) addressing standards '(c) and (d) from Section 35 -240 of the Zoning Ordinance ( attached). Mr. Reynolds states that these standards are applicable. He states that the decks have been located where they are because the engineering firm that created the plat did not inform him that the patio decks would encroach into the buffer strip. He states that the plan would simply have been modified and the buildings moved if the buffer strip had been taken into account. Mr. Reynolds states that cutting the decks down by 3' to 5' would destroy their usefulness and throw off the aesthetics and continuity of the project. Mr. Reynolds concludes by admitting that - a mistake has been made and requesting that,the variance be approved. Staff would point out initially that all the standards for a variance are to be met for a variance to be granted. There must be a particular hardship and not merely an inconvenience that would result if the strict letter of the ordinance were carried out. The circumstances must be unique to the parcel of land in question and not common generally to other property in the zoning district. The hardship must be related to the requirements of the ordinance and not have been caused by anyone with an interest in the property. Finally, there must be no adverse impact on the public welfare or on other property or improvements in the neighborhood. Staff acknowledge that the applicant's situation is not enviable. Just when one crosses the line from inconvenience to hardship is difficult to determine. The difficulty of altering decks, especially in cases where units have already been sold is not to be minimized. Any claim to hardship is based on the existing situation, not on the need for such a variance in the abstract since the applicant himself admits that the plans could have been altered ahead of time without any difficulty. The difficulty arises from an oversight by all parties until after construction was completed. There are precedents for a variance from buffer re- quirements, but no previous cases involved a retroactive grant of a variance. Apart from the retroactive aspect of the proposed variance, there is nothing particularly unique about this required buffer. All other multi- family develop- ments built since the adoption of the ordinance have faced the requirement for buffers from adjacent single - family zoned property. It is also clearly the case that the hardship results not from the requirements of the ordinance but from actions taken by someone with an interest in the property, namely the applicant as developer /builder. Whether the proposed variance causes any detriment to the public welfare or neighboring property probably varies from neighbor to neighbor. 10 -24 -85 -1- l Application No. 85034 continued However, to the extent that such buffers are intended to- provide some protection for single - family development, their breach must, at least in theory, cause some less of the protection commonly accorded homes in a similar situation. There is, therefore, at least a theoretical detriment. ! Based on the foregoing evaluation, we cannot.recommend approval of the proposed variance. We would not feel it reasonable, however, to apply the ordinance strictly in the case of units which were sold prior to notification of the applicant that a buffer violation existed. In those cases, the error is shared to some extent by the City. Moreover, those now legally responsible for the encroaching structures (the new owners) have a legal right to what they paid for, which, in our view,, outweighs the claims of either abutting property owners or the City to a required buffer. It is recommended that previously sold deck structures be acknowledged as nonconforming structures, subject to the provisions of Section 35-111 of the Zoning Ordinance. They should not be expanded and, if destroyed, should only be rebuilt to conform to ordinance requirements. The City first notified the applicant of the encroachment of decks into the buffer area on July 12, 1985. The outer units which encroached and had received final inspections prior to that date are 5533, 5545 and 5549 Aldrich Drive. Unfinished units at that time with encroaching decks were 5500, 5512 and 5529 Aldrich Drive. We recommend that no variance be granted to the latter group and full compliance be obtained before certificates of occupancy are granted. i 10 -24 -85 -2- Planning Commission Information Sheet Application No. 85035 Applicant: Lutterman Homes Location: 6117 Beard Avenue North Request: Site and Buildin Plan Approval 9 PP The applicant requests site and building plan approval to construct a four unit residential building on the vacant lot south of the P.B.C. clinic lot (tentatively addressed 6117 Beard Avenue North). The property in question is zoned R4 and is bounded by the clinic parking lot on the north, by Beard Avenue North on the east, by a three unit rental townhouse cluster on the south, and by Burger King on the west. The proposed development is a mixture of three two - storey units with separate at -grade entrances and one loft unit located above four under - building parking stalls.' The height and type of structure represent somewhat of a mixed use, but both town- houses and 1 1 -12 to 2 storey apartments are permitted uses in the R4 zoning district. A major question surrounding this application is density. The site in question is 16,653 sq. ft. in area, or .38 acres. Townhouses are allowed in the R4 zone, but at the R3 density of 5,400 sq. ft. per unit. The staff interpretation of the pro- posed development is that it amounts to three townhouse units and one apartment unit. The normal area requirement is 3 x 5400 sq. ft. + 1 x 3600 sq. ft. = 19,800 sq. ft. A density credit of 500 sq. ft. per under - building parking stall may be granted. This would amount to 4 x 500 = 2000 sq. ft. in this case. If granted, this density credit would reduce the total required land area to 17,800 sq. ft. Although the site in question is still 1,147 sq. ft. short of the required area, this deficiency is less than half the land area required for an additional dwelling unit. The common practice has been to round to the nearest whole unit, in this case allowing for four. If the density credit is not approved, this development will have to be redesigned for either three townhouses or four or five apartment units (4.62 are allowed at 3600 sq. ft /unit). Staff would point out that the pro - posed number of units is within the normal maximum comprehended by the R4 zoning of the property. Access to the site is to be gained from a driveway off Beard Avenue North shared with the P.B.C. clinic. (The north portion of this site was formerly part of the P.B.C. site and was rezoned to R4 in 1981 and combined with the existing vacant R4 lot to the south by plat.) The proposed plan provides for the four garage stalls and four tandem parking spaces behind the garage stalls. Four separate stalls to the west.of the building will also be retained from the existing parking lot. A condition of the rezoning approval was the construction of a- traffic barrier at the northwest corner of the site at the time of the development of the residential site. This barrier-is intended to discourage cut - through traffic from Brooklyn Boulevard to Beard Avenue North Landscaping for the site consists of three Spruce trees, two in front and one to the rear (west) of the building. All are indicated at 6 or greater. There are also some 15" high shrubs (unspecified type and no quantities indicated) in rock mulch planting 'beds around the foundation of the building at the front and rear. A 3' wide sidewalk is also proposed along the front and around the rear of the building to provide access to the individual units. Green areas around the site have not been indicated for sodding. Staff recommend that a condition of approval be that the plans indicate sodding of all disturbed areas prior to issuance of permits. The site plan proposes very little in the way of grading changes. A small area of the existing parking lot is to be removed and made a green area. Changes in the curb line will involve the installation of straight B6 curb as a continuation of the existing curbing at the site. The existing parking area drains toward Beard Avenue North and no changes in the general contours of the parking lot are proposed. 10 -24 -85 -1- Application No. 85035 continued No utility connections are shown, but it is presumed that water and sanitary sewer connections will be made to existing stubs on Beard Avenue North. The policy of the City has been to require separate utility connections to a common lateral for individual townhouse units, even where they are rental units. It is expected that that policy will be applied here also. The building plans indicate an exterior of stucco, brick and wood siding. However, the applicant has indicated on a separate specification sheet that the exterior will be aluminum siding for easy maintenance. Altogether, these plans have provided minimal information for site and building plan review and the attention to aesthetics seems to be minimal. Still no variances are indicated. Because of the size of the project and the crush of the Commission's work load at this time, we do not recommend tabling. However, approval should be subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical i equipment shall be appropriately screened from view. 5 Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B6 curbing may be installed as a continuation of the existing B6 curbing on the.site. 7. Plan approval acknowledges a density credit of 2000 sq. ft. for four under - building parking stalls. The development is considered to contain three townhouse units and one apartment unit. Four units are allowed because 16,653 sq. ft. of site area allows for more than 3.5 units when density credits are calculated. 8. The plans shall be modified prior to the issuance of permits to indicate: a) Type of curbing and where new curbing will be installed. b) Utility services to the units within the development. c) Sod in all gree areas disturbed by construction. d) Provision of a landscape schedule showing all plantings by size, quantity and type. 10 -24 -85 -2- Planning Commission Information Sheet Application Nos. 85036, 85037 Applicant; City of Brooklyn Center Location Shingle Creek, South of Highway 100 Request: Site and Building Plan, Special Use /Flood Plain Special Use These applications are for site and building plan and special use permit approval for a golf course on the land west of Lyons Park along Shingle Creek, south of Highway 100 (47.8 acres including Lyons Park). The land in question is zoned R1 and is bounded by Lyons Park on the east, by 53rd Avenue North and a number of single - family homes on the south, and by Highway 100 on the northwest. Golf courses are a special use in the Rl zoning district. Application No. 85037 is for a special use permit to fill, excavate and regrade within the floodway. The .proposed golf course is a 9 -hole, par -3 course, to be owned and operated by the City of Brooklyn Center. The development plan for the golf course indicates varieties of plantings for upland and lowland areas. The lowland plantings include some wet - land grasses, Willows, Balsam, Tamarack, River Birch, Cedar, White and Black Spruce and Red Maple trees. The upland plantings include Red Maple, Russian Olive, Choke- cherry, Autumn Purple Ash, Hackberry, Linden, Black Hills Spruce and White Pine. No sizes or quantities have yet been indicated. The plan provides for a parking lot for the golf course with 119 parking stalls. City ordinance does not specify a parking formula for a golf course. However, the stalls provided would allow for eight cars per hole (72 spaces), plus 47 spaces for the clubhouse which will contain an approximate 1200 sq. ft. eating area (perhaps 80 seats maximum), a small office and storage areas. On the whole, the parking provided seems more than adequate. The clubhouse is to have a saxon brick exterior with a metal roof. A 24' x 24' maintenance garage is also proposed with the same treatment. Access to the golf course will be off North Lilac Drive The anticipated traffic generation caused by the golf course is approximately 150 cars /day on summer week- days and 240 cars /day on summer weekend days. The largest share of this increase will be experienced on North Lilac Drive. Smaller increases are expected on 53rd, 54th, 55th Avenues and Eri con Drive. The total increase in the neighborhood is about 300 trips /day or about a 25% increase over existing summertime traffic. As Mr. Spurrier notes in his memo of October 18, 1985, the resulting traffic will be well within the capacity of existing streets and will not change the functional classification of any street from its present status. Special Use Standards (Section 35 -220) The golf course is a special use in the R1 zoning district and is subject to the standards for a special use permit contained in Section ,35 -220 of the Zoning Ordi- nance. City Engineer Bo Spurrier has addressed these standards in his memo of October 18, 1985 (attached). He states that the golf course benefits the public welfare by providing additional leisure activity in the community. He also points out that property in the vicinity will be enhanced by the golf course and normal development and improvement of property will not be impeded Traffic concerns have generally been covered above. Again, the development plan provides more than adequate parking and resulting traffic should not overtax existing streets in the area. It should also be noted that the proposed recreational use of this property is consistent with the City's Comprehensive Plan on page 126 which recommends land acquisition for a potential 9 -hole golf course. We believe the standards for a special use permit are met in this case. 10 -24 -85 -1- Application Nos. 85036.and 85037 continued , Flood Plain Special Use (Section 35- 2185) Application No. 85037 is for special use permit approval to fill, excavate, and regrade within the floodway zone. The floodway one is the area through which Y g waters actually flow and is the more critical portion of the flood plain. (The flood fringe is the other portion of the flood plain and is the area inundated by a 100 year storm, but not an area of actual flood flow.) Flood plain special uses are subject to certain factors set forth in Section 35 -2184 subsection 4 (attached). The October 18th memo from the City Engineer also addresses these points. The City is the last agency to review and approve the development plans. A permit has already been received. from the Department of the Army in 1983. The Shingle Creek Watershed Management Commission has also approved the proposed project on October 10, 1985. A key condition ondition of approval b the Watershed PP Y ers ed Commission is that the resulting r d g a es for the off course g allow for 90 acre feet of water storage in the event of a 100 year storm. Grading plans being prepared by Brauer and Associates are very close to meeting this goal. It is recommended that 'City approval of the Flood Plain Special Use Permit also require the same hydraulic capacity as required by the Shingle Creek Watershed Commission. As noted in the City Engineer's memo, the proposed clubhouse is to be located in an area presently located in the floodway.- An analysis of the existing and proposed grades for the site by Barr Engineering reveals that the existing floodway boundary, which follows approximately a contour line, does not reflect hydraulic realities The floodway 0o way is constricted to an enclosed culvert through the Brookdale arkn P 9 lot and beneath Highway 100. - The floodway cannot expand outward faster than a rate of one foot laterally for every four feet downstream. If the floodway boundary were relocated to reflect this hydraulic reality, the proposed clubhouse would no longer be in the floodway. Adjusting the floodway boundary, however, requires an ordinance amendment referencing a revised official map. Such an amendment must also be approved by the Federal Insurance Agency. It is recommended that the Plan - ning Commission act favorably on a draft ordinance amendment effecting such a change at Thursday's meeting so that it can become effective prior to the scheduled date for construction of the clubhouse. The City Engineer has provided a considerable body of information supporting the application for special use permit and for a flood plain special use permit. The Commission is urged to review the material as time permits Park development plans have not generally been reviewed by the Planning Commission. Staff will attempt to provide as much detail on these plans as is available at Thursday night';s meeting. Approval of Application No. 85036 for site and building plan and special use permit approval is recommended, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes - prior to the issuance of permits. 2. Grading, drainage, utility and berming plans.are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately ro riatel Y screened from view. 4. The building is to be equipped with an automatic fire ex- tinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances 10 -24 -85 -2- „o Application Nos. 85036 and 85037 continued 5. Plan approval is exclusive of all si gnery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The permit is subject to all applicable codes, ordinances and regulations. 8. An ordinance` amendment relocating the floodway boundary of - Shingle Creek south of Highway 100 shall become effective prior to issuance of building permits for the proposed clubhouse. Approval of Application No 85037 for a flood plain special use permit is also recommended, subject to the _following conditions: 1. The grading plans for the proposed golf course are subject to review and approval by the Shingle Creek Watershed'Com- mission as to adequate hydraulic capacity in the Shingle Creek flood plain south of Highway 100 and north of 53rd Avenue North. Adequate capacity shall be equal to the existing capacity of approximately 90 acre feet of water retention. 2. Informational requirements and necessary approvals shall be obtained prior to the commencement of grading within the flood plain. A public hearing for both special uses has been scheduled and notices have been sent. 10 -24 -85 -3- CITY 6301 SHINGLE CREEK PARKWAY M7:1 L OF ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 r TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE FIRE 911 TO: Gerald G. Splinter, City Manag r FROM: Sy Knapp, Director of Public Works DATE: October 31, 1985 RE: Negotiations with MNDOT Regarding T.H. 252 On March 14, 1983 the City Council adopted a resolution approving the preliminary layout plan for the improvement of T.H. 252 from I- 694 -to the North Corporate Limits. Concurrently, the City Council also adopted Resolution No. 83 -53 (copy attached) in which the City requested MNDOT to incorporate certain design features into the construction plans. Copies of both resolutions were submitted to MNDOT, and City staff has been in frequent contact with MNDOT for the purpose of discussing the items noted in Resolution 83 -53, as well as other items of concern to the City. Regarding the items noted in Resolution 83 -53, MNDOT has substantially incorporated items 1, 2, 3, 4, 6, 1, 8, and 11 into their construction plans. Regarding the other features requested in that resolution, MNDOT's position can be summarized as follows: Re: Item 5 (construction of a sidewalk along West River Road from 66th to 73rd Avenues) .... Denied Re: Item 9 (Design of Storm Drainage System to lower ground water table in the area) MNDOT's opinion is that it is impractical to dower the ground water table in the neighborhood. City staff basically concedes this point, but recommends that the "surface drainage system now serving West River Road be upgraded in conjunction with the new T.H. 252 drainage system. Re: Item 10 This item does not apply, because MNDOT will not construct any ponds within Brooklyn Center. Re: Item 12 (landscaping) MNDOT advises they will not be able to incorporate any plantings into the project because plantings are ineligible for Federal participation, because MNDOT does not have adequate State funding to provide landscape plantings in the entire project, and because MNDOT feels they cannot provide such plantings on the Brooklyn Center portion of the project, while not doing so in other cities. „ 174 S-�m October 31, 1985 Page 2 Other Items of Concern In addition to the items noted in Resolution 83 -53, City staff has also discussed the following matters with MNDOT representatives. 1. Changes to City -Owned Public Utilities Within Project Construction Limits: a) Certain changes must be made to these utilities for the purpose of allowing highway construction to occur. MNDOT has agreed that these changes will be made at no cost to the ,City. b) The City has also requested MNDOT to include certain utility system improvements into their project with reimbursement by the City. A Cooperative Agreement will be submitted in the near future covering details of these system changes and cost participation. At this time we do not expect to encounter any serious difficulty in reaching agreement for cost participation on these items. 2. City Cost Participation on Street Improvements: MNDOT is preparing cooperative agreements covering proposed cost sharing of street and traffic signal improvements, based on current MNDOT policies for such improvements. These two .proposed agreements , will provide: a) that the costs and -cost- participation for traffic control be approximately as follows: Location Est Total Federal MNDOT B.C. B.P. of Signal Cost Share Share Share Share 66th Ave /TH252 $100,000 $ 85,000 $ 7,500 $ 7,500 $ --- (85%) (7.5%) (7.5$) 70th Ave /TH252 80,000 68,000 8,000 4,000 - - -- (85 %) (10 %) (5%) 73rd Ave /TH252 100,000 85,000 7,500 3,750 3,750 (85 %) (7.5 %) (3.75$) (3.75 %) $280,000 $238,000 $23,000 $15,250 $ 3,750 Note: It is anticipated that the City's share of these costs will be eligible for reimbursement from our Municipal State Aid Street fund. b) that, while State and Federal funds will pay for 100% of roadway construction costs on T.H. 252, the City will be required to pay 6% of the costs of roadway and sidewalk improvements at 66th, 70th and 73rd Avenues. October 31, 1985 Page 3 Note: No estimate of these costs has yet been provided to the City. However, it is anticipated that these costs will also be eligible for reimbursement from our MSAS fund. 3. Acquisition of City Owned Property Needed for Right of Way MNDOT will need to acquire portions of two parcels of property which the City recently acquired as tax forfeited properties (one North of 70th Avenue, the other South of 73rd Avenue). It is my understanding that there are considerable questions as to whether the City will be reimbursed for this taking, or whether the State and /or Hennepin County will claim underlying title to these properties. Accordingly, I have asked that the Attorney General's office (which works directly with MNDOT's Right of Way Division in right of way acquisition proceedings) submit to us an opinion regarding the City's right to be reimbursed for these properties. 4. Turnback of West River Road to the City Throughout all of our discussions with MNDOT, we have been proceeding under the assumption that West River Road will be "turned back" to the City after completion of T.H. 252, that this roadway would then become eligible for designation on our Municipal State Aid Street system, and for reconstruction to State Aid standards using "Municipal Turnback funds ". Recently, while pursuing the question of funding sources for construction of a sidewalk along West River Road, we suggested that the City could accept a committment to have sidewalk construction be eligible for funding by Municipal Turnback funds, rather than direct MNDOT funding. MNDOT's response advised us that West River Road will not be eligible for designation on the State Aid system, thereby making it ineligible to receive any Municipal Turnback funds. Attached hereto are copies of correspondence to date regarding this question: September 3, 1985 letter to Bill Crawford from Sy Knapp September 12, 1985 response to Knapp from Crawford October 2, 1985 letter to Commissioner Braun from G.G. Splinter October 14, 1985 response to Splinter from Braun In summary, MNDOT's current proposal regarding West River Road is to install concrete curb and gutter along the West side of this roadway and place a bituminous overlay on this roadway in conjunction with the T.H. 252 project. Following completion of the roadway, MNDOT proposes to turn the roadway over to City jurisdiction as a local street, ineligible for the use of Municipal Turnback funds or regular Municipal State Aid Street funds. October 31, 1985 Page 4 Project Scheduling It is my understanding that the scheduled bid opening for T.H. 252 construction has been changed from February, 1986 to April, 1986, but that MNDOT still anticipates substantial completion and placing the new roadway in service late in 1987. Summary While City staff supports the goal of completing this facility in 1987, we recognize this cannot be accomplished unless our "impasse" is resolved on the following major issues 1. constructions of a sidewalk along West River Road from 66th to 73rd Avenues 2. incorporation of plantings into the landscaping plan for T.H. 252 3. reimbursement for City -owned properties; and 4. the status of West River Road; ie. a) eligibility for Municipal Turnback funds; or b) improvement to acceptable standards prior to turnback as a local road. I recommend these matters be discussed with the City Council at the November 4th, 1985 Council meeting, with a request for direction from the Council. Respectfully submitted, Sy napp Director of Public Works SK: jn MNDOT Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 83 -53 - RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INCORPORATE CERTAIN DESIGN FEATURES INTO THE CONSTRUCTION PLAINS FOR THE IMPROVEMENT OF T.H. 252 FROM THE JUNCTION OF T.H. 694 TO THE NORTH CORPORATE LIMITS WHEREAS, the City Council of the City of Brooklyn Center has this date adopted a resolution approving the preliminary layout plan for the improvement of T.H. 252 from the junction of T.H. 694 to the North Corporate Limits; and WHEREAS, the City Council wishes to assure, that detailed construction plans to be developed by the Minnesota Department of Transportation for this project will contain certain design features to assure (1) the proper and safe operation of that facility, (2) its integration with existing and future transportation systems in that Northeast Neighborhood, and (3) its compatibility with the neighborhood environment: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the City of Brooklyn Center hereby requests the Minnesota Department of Transportation to incorporate the following design features into the construction plans for said improvement: 1. traffic control signal systems shall be installed at the intersections of 66th Avenue North, 70th Avenue North and 73rd Avenue North. 2. provisions for pedestrian crossings, including sidewalks and pedestrian crossing provisions within the traffic control signal systems, shall be incorporated at the followin g locations: Intersecting Street Pedestrian Crossing Provisions For 66th Avenue North All sides of intersection 70th Avenue North North and West side of intersection 73rd Avenue North All sides of intersection 3. provisions shall be made to assure installation of bus stops and waiting shelters for use by the Metropolitan Transit Commission and its patrons. 4._ provisions shall be made to assure installation of adequate bus stops for use b school buses and their patrons. Y P S. provisions shall be made for construction of a P edestr' i an trail or sidewalk along est River Road from 66th g Avenue North to 73rd Avenue North. The City requests the Minnesota Department of Transportation to construct such sidewalk at the Minnesota Department of Transportation's expense. 6. consideration shall be given to purchasing adequate right -of -way along 66th Avenue North, Westerly of new T.H. 252, to allow future upgrading of that roadway to accomodate increasing traffic volumes on 66th Avenue North. RESOLUTION NO. 83 -53 7. the design of the 70th Avenue North connection shall be coordinated with the City's plans for development of a "Parkway" along the 69th - 70th Avenue corridor. 8. the detailed design of the 73rd Avenue North intersection shall be coordinated with the City Engineer to assure proper functioning of this intersection. 9. because property owners in this area continue to experience problems resulting from a high water table in the area, consideration should be given to incorporating design features with the storm drainage system which will lower that high water table. 10 if detailed plans for storm drainage of new T.H. 252 require the development of storm water holding ponds which are not within the right -of -way limits indicated on the preliminary plan layout, the Minnesota Department of Transportation is hereby requested to submit those plans to the City Council for separate consideration. 11. where a choice is possible between the use of earthen mounds vs. the use of walls for noise control, the City prefers the use of earthen mounds. 12. adequate landscaping provisions shall be incorporated to assure aesthetic compatibility of the roadway with the area's environment. March 14, 1983 D to May ATTEST: � C erk The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 6 . CITY 6301 SHINGLE CREEK PARKWAY OF : BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE .911 September 3, 1985 Mr. W.M. Crawford, District Engineer Minnesota Department of Transportation 2055 North Lilac Drive Golden Valley, Minnesota 55422 RE: T.H. 252 West River Road Turnback Dear Bill: Examination of a preliminary set of construction plans for T.H. 252 shows that the proposed project includes the installation of concrete curb and gutter on the West side of the existing West River Road. Upon noting this, we asked Don Flemming to check to see whether the installation of a sidewalk along West River Road (as consistently requested by the City during the last several years of our discussions regarding T.H. 252) would be eligible for funding with Turnback Funds. Discussions with Don Flemming and with Chuck Weichselbaum now indicate that it is questionable whether West River Road will be eligible for designation as a Municipal State Aid Street when it is turned back to the City of Brooklyn Center, following completion of the new T.H. 252. Accordingly, we must ask that this question be resolved before the City grants any plan approval for T. H. 252 construction. We do wish to note that discussions between our office and your office during the last several years have made frequent reference to the presumption that West River Road would be improved with the use of Municipal State Aid Turnback Funds. We do not recall anyone ever questioning this presumption. "7lcc So «ce►t�Ci«g 711 au � " September 3, 1985 Page 2 We also wish to note that during 1982 -83, the City amended its Municipal State Aid street system designations. During this process, we made frequent reference to the fact that we were ._....making those amendments in advance of the anticipated turnback of West River Road to the Municipal State Aid system. Again, during this entire process, we do not recall anyone from the District 5 office, nor anyone from the State Aid office ever questioning the eligibility of West River Road for designation as a Municipal State Aid Turnback Street. Accordingly, we now ask that: ( A­!-firm determination be made that West River Road will be eligible for designation as a Municipal State Aid -- street when it is turned back to the City, with the assurance that funds will be available for its improvement to State Aid standards; or (2) that construction plans for T.H. 252 be amended to -- upgrade West River Road to State Aid standards in conjunction with the T.H. 252 construction project, Utilizing 100% MN /DOT or Federal funding. Please review this matter and advise us of your decision as soon as possible. As noted above, the City of Brooklyn Center will not approve construction plans for T.H. 252 until this matter is resolved. Yours very truly, - f '+ Sy app Director of Public Works cc: Gordon Fay, State Aid Engineer C.E. Weichselbaum, District State Aid Engineer Don Flemming, AssIt. District State Aid Engineer cc: T.H. 252 Design SK: jn t I& Minnesota - a Department of Transportation -� '- District 5 3FyT y�� 2055 No. Lilac Drive ofa� Golden Valley, Minnesota 55422 - 593 -8403 (612) Vii+ September _ , 1985' Nir : _Sys Knapp_ Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway ` Brooklyn Center, Minnesota. 55430 RE: S.P. 2748 -35 (T;H. _252) From T.H. 94- T.H. 610_in_ _ Brooklyn Center.and Brooklyn Park Dear Mr. Knapp: _ We have reviewed ahe.status'of West River Road in regards to the two questions you asked in your letter, dated September 3, 1985. In order for a roadway, which is to be.turned back to the City, to be eligible to be placed on the State Aid - system, it must meet the criteria for selection as shown on the attached sheet. It is the judgment of our State Aid Office that this roadway will be essentially a frontage road for local traffic and will not meet the selection criteria as a State Aid street. It is, therefore, not eligible for State Aid funding nor is funding available for it as part of the turnback process. We have agreed to construct a curb and gutter on the west side of West River Road as part of our T.H. 252 project. We have also agreed to overlay the existing roadway. Additional funding for further improvements to this - roadway is _simply not available. We appreciate your interest and concern as to what happens with this roadway, but at this time there appears to be no reasonable means for funding and upgrading this roadway by Mn/DOT beyond the improvement described above. If You have further questions, we would be happy to discuss them with you. Sincerely W. Crawfo d, P.E District Engineer Enclosure An Equal Opportunity Employer r A. a county state -aid highway system not exceeding 30,000 miles in extent, excluding trunk highway turnback mileage.; B. a municipal state -aid street system not exceeding 2,500 miles in extent within urban municipalities, excluding trunk highway turnback mileage. For an undivided, one -way street with a minimum width of 28 feet and with no parking lane or with a maximum width of 36 feet with parking on one side, the chargeable mileage allowed for municipal state -aid street mileage purposes is one -half of the length of the one -way street. 17 MS s 161.082; 161.083; 162.02; 162.09; 162.155; Laws 1983 c _ . . 8 SR 2146 - -- 88.20.6700 SELECTIO9 CRITERIA. Subpart 1. Basis. A state -aid route must be selected on _ y the basis of the criteria in subparts 2 and 3. Subp. 2. County state -aid highway. A county state -aid highway which: A. is projected to carry a relatively heavier traffic -- volume or is functionally classified.as collector or arterial as identified on the county's functional plans as approved by the county board; B. connects towns communities, shipping - - pping points,.and markets within a county or in adjacent counties; or provides access to rural churches, schools, community meeting halls, industrial areas, state institutions, and recreational areas; or - serves as a.orincipal rural mail route and school bus "route; C. occurs at reasonable intervals consistent with the _ density of population; and provides 'an integrated ana. "coordinated highway system affording, within practical limits, a state -aid highway network consistent with projected traffic demands. Subp. 3. Municipal state -aid street. A municipal - state -aid street which: - A. is projected to carry a relatively - heavier traffic _ volume or is functionally classified as collector or arterial as identified on the urban municipality's functional plan as approved by the urban municipality's governing body; B. connects the points of major traffic interest within an urban municipality; and C. provides an integrated street system affording, within practical limits, a state -aid street network consistent with projected traffic demands. 17 MS s 161.082; 161.083; 162.02; 162.09; 162.155; Laws 1983 c 8 SR 2146 8820.0800 ROUTE DESIGNATIONS. Subpart 1. Resolution and certification. With regard to route designations, county state -aid highways and municipal state -aid streets must be selected by the respective boards of county commissioners, or the respective governing bodies of 4 S CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 ENTER EMERGENCY = POLICE - FIRE 911 October 2, 1985 Mr. Richard P. Braun, Commissioner Minnesota Department of Transportation Transportation Building John Ireland Boulevard - -- - -- - _ - St. Paul, Minnesota 55155 RE: S.P. 2748 -35 (T.H. 252) From T.H. 94 to T.H. 610 in Brooklyn Center and Brooklyn Park Dear Commissioner Braun: Enclosed are copies of the following two letters: - - a September 3,_1985 letter from Sy Knapp to Bill Crawford - Bill Crawford's response dated September 12, 1985 Please be advised that the MN /DOT position as defined by Mr. Crawford is unacceptable to the City of Brooklyn Center, ie.: First, we disagree with the judgement by the State Aid office as to the eligibility of this roadway for designation -as a State Aid street. While it is obvious that the major portion of this street is adjacent to, and parallel with the new T.H. 252, it is also obvious that this is the only collector street serving the neighborhood which lies between proposed T.H. 252 and the Mississippi River. This neighborhood contains approximately 300 residential units. We believe this roadway also "connects points of major traffic interest..." and "provides an integrated street system... ", thereby fulfilling the criteria for designation` as a State Aid street. Secondly, if you maintain the position that this roadway is not eligible for designation as a Municipal State Aid street, we find Bill Crawford's offer to construct a curb and gutter on the West side of the street, and to overlay the existing roadway to be totally inadequate. To provide an acceptable level of service, provisions must also be made to (a) provide proper drainage, (b) provide proper grades, proper roadway structure and proper geometries, and (c) to provide adequate bikeway and pedestrian facilities. "'74 Sa.kctlu rg Mau &r# ., " :October 2', 1985 Page 2 )�s-notedYin Sy Knappls letter, the City of Brooklyn Center will not approve construction plans for T.H. 252 until this matter is resolved. While we wish to assist you in expediting this project, we must obviously be assured that the City's interests will be protected. ® plinter . ... CtyM ager - _ _ cc: Bill Crawford, District Engineer Gordon Fay, State Aid Engineer Sy Knapp, Director of Public Works \r1NESOT Minnesota Department of Transportation Transportation Building OF Ta�`�o St. Paul. Minnesota 55155 Office of COfllmissioneG (612):!96-3000 October 14, 1985 - Mr. Gerald G. Splinter City- Manager - City - of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 REz_ Reconveyance of E. Frontage Rd. on Proposed T.H. 252 Dear Mr._ Splinter: We received your letter of concerns on the reconveyance of the East Frontage Road on T.H. 252 in Brooklyn Center. Your first concern is with the judgement of whether this road could be put on the State Aid system. It is felt that the proposed T.H. 252 will serve the purpose of a State subsidized road in the area. T.H. 252 is intended to carry relatively heavier traffic volumes and will be identified as an arterial. T.H. 252 will connect points of major traffic interest, and T.H. 252 will provide an integrated street system with the now existing State Aid streets in accordance with projected traffic demands.- It is therefore felt that this frontage road would not be eligible to be put on the State Aid system. Your second concern was the proposal by the District to overlay the existing road and provide curbing on the highway side of the frontage road. This, we feel, fulfills our obligation to restore the road in a serviceable condition prior to issuance of a release order. You indicated your concern for proper drainage, proper grades, proper roadway structure, proper geometries, and adequate bikeway and pedestrian facilities. We find little could be done to improve drainage, grades, roadway structure and geametrics. As far as adequate bikeways and pedestrian facilities, they would be considered a local amenity that would not be eligible for either trunk highway turnback funds or the funds used by the Department to restore to a serviceable condition P riot to release. We appreciate your concerns, but with this letter, hope that you can see where we are coming from. Sincerely, Richard P. Braun Commissioner cc: Sy Knapp, Director of Public Works An Equal Opportunity Empiover �3b NONEXCLUSIVE LICENSE AGREEMENT THIS NONEXCLUSIVE LICENSE AGREEMENT, made this day of 1985, between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation, hereinafter called "City ", and BROOKLYN CENTER NATIONAL LITTLE LEAGUE, INC., A Minnesota corpo- ration, hereinafter called "Licensee ". WITNESSETH• WHEREAS, Licensee is the owner of real property located in the City described as follows: Lot 1, except the West 200 feet thereof, Block 4, Ryden's Third Addition according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for said Hennepin County. and WHEREAS, Licensee developed and used the property as a baseball diamond and facilities for the playing thereon of little league baseball; and WHEREAS, City desires to acquire the Licensee's property for public recreational purposes; and WHEREAS, Licensee has agreed to convey Licensee's property to City -and. City has agreed to grant Licensee this nonexclusive license in consideration for the conveyance of Licensee's proper ty upon the following described property: All that part of the North 160.00 feet of the East 500.00 feet of Lot 23 and all that part of Lot 24 Auditor's Subdivision No. 218, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County: Except that part of said Lot 23 and 24 platted as a part of Ryden's Fourth Addition, according o the plat g p thereof on file in the office of the County Recorder in and for Hennepin County and Except that part of said Lot 24 which lies West of a line described as beginning at a point on the South line of said Lot 24 which point in 500.00 feet West of the Southeast corner of said Lot 24 thence Northwesterly to a point on the North line of said Lot 24 ,which point is 590.00 feet West of the Northeast corner of said Lot 24 and there terminating. All that part of the South 100.00 feet of the East 1080.00 feet of Lot 25 of said Auditor's Subdivision No. 218, except that part of said Lot 25 platted as a part of Brook Park, according to the plat thereof on file in the office of the County Recorder in and for Hennepin County. Lots 24 and 25, Auditor's Subdivision No. 218, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County. NOW, THEREFORE in consideration of that conveyance the parties hereto agree as follows: Section 1.01. Property Description. City hereby grants to Licenseee a nonexclusive license upon the following described property: All that part of the North 160.00 feet of the East 500.00 feet of Lot 23 and all that part of Lot 24 Auditor's Subdivision No. 218, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County Except that part of said Lot 23 and 24 platted as a part of Ryden's Fourth Addition, according to the plat thereof on file in the office of the County Recorder in and for Hennepin County; and Except that part of said Lot 24 which lies West of a line described as beginning at a point on the South line of (2) said Lot 24 which point in 500.00 feet West of the Southeast corner of said Lot 24 thence Northwesterly to a point on the North line of said Lot 24 which point is 590.00 feet West of the Northeast corner of said Lot 24 and there terminating. All that part of the South 100.00 feet of the East 1080.00 feet of Lot 25 of said Auditor's Subdivision No. 218, except that part of said Lot 25 platted as a part of Brook Park, according to the plat thereof on file in the office of the County Recorder in and for Hennepin County. Lots 24 and 25, Auditor's Subdivision No. 218, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County. Section 1.02. License Use of Property. Licensee shall have the right to use the Licensed Property for the purpose of conducting little league or youth baseball games and practices and selling concessions at baseball games. Section 103. Nonexclusive Use. Licensee acknowledges that it understands that the Licensed Property is a portion of a public park and is therefore available for the use of the public in addition to the Licensee. City agrees to give priority to Licensee's right to use the Licensed Property pursuant to this License in accordance with Section 1.05 herein. Section 1.04 License Term. The term of this license shall commence November 1, 1986 and terminate on October 31, 2086. In the event the City should discontinue the maintenance and use of the license property for baseball purposes during the term of the license, City agrees to provide alternative facilities for Licensee's use in conformity with this Agreement for the unexpired term of this Agreement. (3) Section 1.05.. Scheduling of Uses. City shall have the obligation pursuant to this Agreement to give priority to Licensee's use of the Licensed Property. In order to facilitate this priority, the Licensee is required to submit to the City's Park and Recreation Director the Licensee's schedule reserving the Licensed Property for a particular baseball season prior to the commencement of the season. The Licensee agrees to provide City with a proposed schedule of field use for a baseball season in any year prior to May 1 of that year. Section 1.06. Maintenance. It is acknowledged by the parties hereto that both the Licensee and the City shall be required to maintain the Licensed Property. However, since the property is located on public park property it is recongnized that the City's Park and Recreation Department should coordinate the maintenance of the Licensed Property. The parties, therefore, agree that each year this license is in effect the parties shall consult prior to the baseball season and the Director of the City's Park and Recreation Department shall determine the maintenance obligation of the Licensee and the City based upon the parties use of the Licensed Property. Section 1.07 Improvements. Prior to the commencement of this License the City agrees to construct two baseball diamonds, a concession- storage building and bleachers for spectators on the property (see Attachment "A "). Licensee is not permitted to construct or move any improvements onto the Licensed Property without the written approval of the City, Section 1.08 Indemnity. Licensee agrees to indemnify and save City harmless from any and all claims on behalf of any person arising from the use, conduct or management of the licensed property by the Licensee, its employees, agents and (4) invitees, whether such act is negligent or not. In addition, Licensee agrees to provide for public liability insurance with the protection thereof extending to City with respect to claims arising from the use or occupancy of the Licensed Property by the Licensee, its employees, agents, and invitees, with limits in such amounts as shall be required by the City. Licensee shall annually provide the City with proof of such insurance. Section 1.09. Liens The Licensee is not authorized or permitted to cause the Licensed Property or any erections or improvements thereon to become subject to any lien, charge or encumbrance and shall indemnify the City against all such liens, charges and encumbrances. Section 1.10. Assignment This License Agreement may not be sold or assigned by the Licensee without the written consent of the City. IN WITNESS WHEREOF, City and Licensee have caused this Agreement to be executed as of the date and year first written above. CITY OF BROOKLYN CENTER, a Minnesota Municipal Corporation By Its Mayor By Its City Manager Clerk (5) BROOKLYN CENTER NATIONAL LITTLE LEAGUE, INC., a Minnesota Corporation BY ��, Its /r'FSio FiyT By Its (6) STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1985, by and the Mayor and City Manager Clerk of the City of Brooklyn Center, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing nstrument was acknowledged g o ged before me this day of , 1985, by Brooklyn Center National Little League, Inc., a Minnesota corporation, by and 11 its and , who acknowledged the same as the free act and deed of such corporation. Notary Public This document drafted by: LeFevere, Lefler, Kennedy, O'Brien & Drawz 2000 First Bank Place West Minneapolis, MN 55402 (612) 333 -0543 (7) ATTACHMENT "A'r Attachment " to this nonexclusive license agreement is embodied by this written document and the attached map. As a part of this agreement the City agrees to provide the following: 1 Two Little League baseball fields labeled " and "B" on the attached map. 2. Both fields will have the following features: a. backstops and a chain -link fence around both fields (fencing approximately 48 b. grass infields c. combined or separate scoring - announcement booths d. outfield fence dimensions of not more than 210 feet and not less than 190 feet. e. each field will have two 15 foot sections of bleachers with b rows of seats. (The City shall have the option of relocating and refurbishing the bleachers at the current Little League field.) f. a City water supply line will be provided to the fence area adjacent to the infield of each field. g. two above ground dugouts and player benches will be provided for each field. 3. Build a concession- storage building approximately as shown on the attached map with the following features: a. square foot of structure to be functionally equivalent to the existing facilities. b. must serve the current concession and storage needs of licensee. c. the concession- storage building shall be served by water and sewer. d. general public toilet facilities are to be provided. This City will have the option of furnishing at its cost portable toilet facilities. 4. The City will be responsible for the maintenance of the exterior of the structure, and the licensee will be responsible for maintaining the facilities inside the structure. 5. The City will insure the structures and the licensee will be responsible for insuring the contents. The licensee must anually provide proof of insurance. ATTACHMENT "A" - page two ' 6. The licensee will be allowed to operate their existing facilities until the end of the 1986 Little League season. The City agrees to provide a substitute field for the existing Lions Park field which will be disrupted during the 1986 season. 7. The City agrees to have the newly constructed fields available for the start of the 1987 Little League season. rr`L` t ' .. ,• 4 ERlCON t 4f Lt1 2 3 4 fA) qty f - Al 0 TRACT H .�� 55th Y ` 1 A. a ooll LOT 25 {4 _ z ui in �� 7 _ cp 1 14 CC > _ tU aae. jot 0 t z `�NSEP uj I D D 1 T py zl a JR , AS} * ADO L h `� 5.0. / 7 � ti az r •y.r -. i �\ Tenni i C our t s • Parking y7 "R�ti e i r i+ • t e xy„ r � t ' t bra e: tiA'� r 4 Form No. 9- M— WARRANTY DEED Minnesota Uniform Conveyancing Blanks (1978) Miner -Davis Co., Minneapolis Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by 3 { Deputy ' STATE DEED TAX DUE HEREON: $ Exempt Date: 19 $i_ (reserved for recording data) FOR VALUABLE CONSIDERATION, Brooklyn Center National Little League, Inc _ a corporation under the laws of Minnesota Grantor, hereby conveys and warrants to the City of Brooklyn Center Grantee, a municipal corporation under the laws of Minnesota real property in Hennepin County, Minnesota, described as follows: Lot 1, except the West 200 feet thereof, Block 4, Ryden's Third Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for said Hennepin County. (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: s d i'as Stair p Here By Its By Its STATE OF MINNESOTA Ss. COUNTY OF 111111 The foregoing was acknowledged before me this day of 1 19_ by and the and of ' a under the laws of on behalf of the NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT j Tax Statements for the real Property described in this instrument should be sent to (Include name and address of Grantee)r - i THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): LeFevere, Lefler, Kennedy, O & Drawz 2000 First Bank Place West Minneapolis, Minnesota 55402 (612) 333 -0543 Licenses to be approved by the City Council on November 4, 1985 f,(J FOOD ESTABLISHMENT LICENSE Peking Place 5704 Morgan Ave. N. c nom,{ Sanitarian f NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Denne's Market 6912 Brooklyn Blvd. ? Sanitarian GENERAL APPROVAL: Ckr d G. Spl7r, City Jerk