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HomeMy WebLinkAbout1983 11-07 HRAP e 11RA AGIVDA CITY OF BROOKLYN CMITER NOVEMBER 7, 1983 (Following adjournment of the City Council meeting) I. Call to Order 2. Roll Call i R 3. Approval of l nutes -- October 26, 1983 4. Resolution Amending Contract with Brutger Companies Regarding Senior Housing Project 5. Resolution Approving 4 Rehabilitation Grants 6. Adjournment 0 MINUTES OF THE PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION OCTOBER 26, 1983 CITY HALL CALL TO ORDER The Brooklyn Center Housing and Redevelopment Authority met in special session and was called to order by Chairman Dean Nyquist at 7:09 a.m. ROLL CALL Chairman Dean Nyquist, Commissioners Celia Scott and Rich Theis. Also present were HRA Director Gerald Splinter, Attorneys Barb Portwood and Bob Dieke of Holmes & Graven, and Administrative Assistant Brad Hoffman. Chairman Nyquist noted that Commissioners Bill Hawes and Gene Lhotka were absent from this morning's meeting. RESOLUTION NO. 83 -19 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER APPROVING THE FORM OF MORTGAGE FINANCING AND PARTIAL SUBORDINATION OF THE AUTHORITY'S INTEREST UNDER REDEVELOPMENT CONTRACT IN CONNECTION WITH THE BROOKWOOD MANOR HOUSING DEVELOPMENT PROJECT 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, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Commissioner Scott and seconded by Commissioner Theis to adjourn the meeting. Voting in favor: Chairman Nyquist, Commissioners Scott, and Theis. Voting against: none. The motion passed. The Brooklyn Center Housing and Redevelopment Authority adjourned at.7:13 a.m. Chairman 10 -26 -83 4 + MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: November 7, 1983 SUBJECT: Amendment to the Brutger Contract The Housing Authority will have before them an amendment to the Brutger Develop - ment Contract. The necessity to amend the contract stems from a conflict in our contract with federal law regulating the issuance of our tax exempt general obligation bonds. Under our present contract, the Developer Guaranty offers the maximum protection to the Authority's investment in the project. However, the level of guaranty from the Developer mandated by the HRA exceeds the levels permitted under the Ullman Act. As a result, a reduction of the Developer's Guaranty is now necessary in order to prevent the tax increment general obligation bonds for the project from being treated as industrial development bonds under federal law and being subject to additional administrative requirements as well as a higher interest rate. The effect of the amendment is to limit the amount of Developer Guarantied payments under the contract to the lesser of 250 of the original principle amount of the tax increment bonds, or 250 of the interest paid or to be paid on the tax increment bonds issued with respect to the project. The agreement originally provided 100% guaranty by the Developer the debt service due on Authority funds expended on the project. The contract would be amended in sections 4.6, 5.4, and 6.1. It would be amended to be consistent with federal law by reducing the developer's total obligation under the contract. Section 4.6 of the contract requires the Developer to provide the Authority with an irrevocable bank letter of credit in an amount equal to $125,000 or approxi- mately one (1) years increment. The letter of credit is available to the Authority until the completion of construction of the minimum improvements under the contract and the delivery by the City to the Brutger Company of a completion certificate. At the present time, the Authorities ability to demand payment on the letter of credit is subject only to the failure on the part of the Developer to complete the minimum improvements as set forth in the contract. It should be noted that the Brutger. Company has complied with all the requirements of 4.6 of the contract under which the City would be able to claim payment on the letter of credit except the completion of the minimum improvements that should be completed this spring. Section 5.4 of the contract indicates that in the event that title to or possession of any of the improvements are taken in a condemnation or by exercise of eminent domain by any governmental body, the Developer will promptly notify the Authority of the nature and. the extent of the taking. It also requires that upon receipt. of an award the Developer can elect to either use the entire condemnation to ' s -2- reconstruct or pay the Authority out of the condemnation award an amount of 1/3 of the outstanding principle and interest to the Authority on the Authority funds. Under the amended agreement this would be reduced to 25 %. Section 6.1 of the contract relates to the tax increment guaranty. It should be noted that in the event that the tax increment generated by Phase II and Phase III improvements in parcels two and three which is payable in 1985 and 1986 only is not equal to 740 of the debt service due and payable on the Authority funds that the Developer upon notice from the Authority shall pay any difference within 30 days of such notice. It should be noted that this is only a two (2) year obligation on the part of the Developer and that the maximum amount of money the Developer could be required to pay is $23,125. In discussing the increment to be received by the Authority in 1985 with the City Assessor, he indicated that the 1984 taxes payable 1985 would, in all probability, exceed the taxes generated in 1986 and beyond when most if not all the units are homesteaded. In reviewing the amendments to the contract, I am of the opinion that none of them either singularly or jointly have a significant impact upon the Authorities ability to recover its investment and to protect its position relative to this development. It is unfortunate that we are confronted with what can only be described as an oversight on our part, however, it is necessary to make these amendments prior to delivering the bonds that were sold by the Authority for the tax increment district. It should be noted that if we were to treat these bonds as industrial bonds that there would be a significant rate increase as well as a significant time delay in recovering our costs. Member introduced the following resolution and moved its adoption: RESOLUTION NO. < - RESOLUTION 01' THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER APPROVING AMENDMENT NUMBER 1 TO THE REDEVELOPMENT CONTRACT IN CONNECTION WITH THE BROOKWOOD MANOR HOUSING DEVELOPMENT PROJECT WHEREAS, in furtherance of the objectives of the Minnesota Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 et . seq ., the Authority and the City of Brooklyn Center have established a housing development project pursuant to a housing development plan dated February 28, 1983, which plan is entitled the Brooklyn Center Housing Development Project Plan; and WHEREAS, to implement said housing development project on June 21, 1983, the Authority entered into a Contract for Private Redevelopment By and Between The Housing and Redevelopment Authority in and for the City of Brooklyn Center and the Brutger Companies, Inc. (the "Redevelopment Contract "), setting for the rights and obligations of the Authority and the Brutger Companies, Inc. (the "Redeveloper "), concerning redevelopment and construction of the housing development project; and WHEREAS, the Redevelopment Contract contains certain guarantees on the part of the Redeveloper of_,the Authority's investment in the project; and WHEREAS, in order to prevent treatment of the general obligation tax increment bonds issued for the project as industrial development bonds under federal law, the Redevelopment Contract must be clarified to limit the total guarantee of the Redeveloper to lesser of twenty -five percent (25 %) of the original principal amount of the bonds, or twenty -five percent (25 %) of the total interest paid or to be paid on the bonds. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Brooklyn Center. That the Authority hereby approves the form of and authorizes the Executive Director to execute on behalf of the Authority the attached amendment; provided the Executive Director may approve such variations, omissions and insertions as are not materially inconsistent with the form annexed hereto. 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. AMEND_ MENT NUMBER 1 TO CONTRACT FOR PRIVATE DEVELOPMENT BY AND BETV*EEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR BROOKLYN CENTER AND BRUTGER COMPANIES, INC. TIME AMENDMENT NUMBER 1 (the "Amendment to the Contrac t for Private Development ( "Agreement ") dated June 21, 1983, by and between the Housing and Redevelopment Authority in and for the City of Brooklyn Center (the "Authority ") and Brutger Companies, Inc., a Minnesota corporation (the - "Developer ") is made as of the - * day of , 1983, by and between the Authority and Develoer. In consideration of the mutual promises hereinafter made in this Amendment, the Authority and Developer hereby agree to amend the Agreement as follows: 1. By adding a Section 6.6 which shall provide: Section 6.6 Limitation on Total Guarantee The Developer covenants and agrees to provide and pay the - Development Letter of Credit and Tax Increment Guarantee pursuant to Sections 4.6 and 6.1 of this Agreement, and make any required or elected payment pursuant to Section 5.4 of this Agreement. Provided, however that the _ aggregate payments made by the Developer to the Authority pursuant to Sections 4.6, 5.4, 6.1 and this Section 6.6 and any insurance proceeds to be paid to the Authority as a result of damage to or destruction of the Minimum Improvements shall not exceed the lesser of twenty -five percent (25%) of the original principal amount of the Bonds, or twenty -five percent (25 90) of the total interest paid or to be paid with respect to the Bonds to the Maturity Date. In the event that, due to the exercise of an option of redemption or for any other reason, the amounts actually paid to the Authority exceed lesser of such amounts, then the Authority shall promptly refund to the Developer that portion of the amounts actually paid to the Authority which exceed said sum. The obligation of the Developer to make the payments as provided in this Section 6.6 of this Agreement shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment or counterclaim it might otherwise have against the Authority or any other government body or other person. The Developer shall not fail to make any required payments for any cause or circumstance whatsoever including the failure or refusal of a bank to honor a demand under a letter of credit, any change in law, or any other event even if beyond the control of the Developer. 2. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Authority has caused this Amendment to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Amendment , to be duly executed in its name and behalf as of the date above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, MINNESOTA By And By BRUTGER COMPANIES, INC. By 2 I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FOUR (4) BROOKLYN CENTER HOUSING R EHABILITATION GRANTS WHEREAS, the Brooklyn Center Housing and Redevelopment Authority has established a Home Rehabilitation Grant Program to assist low and moderate income individuals in the maintenance and repair of their homes; and WHEREAS, the Brooklyn Center Housing and Redevelopment Authority has received four (4) applications from an eligible individual to receive grant assistance; and WHEREAS, an inspection by the City of Brooklyn Center has determined that the work is necessary and appropriate under the Brooklyn Center Housing Rehabilitation Grant Program; and WHEREAS, the estimated cost of the proposed grant applications are estimated at $33,000. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Housing and Redevelopment Authority that: 1. The Brooklyn Center Housing and Redevelopment Authority does approve the four (4) housing rehabilitation g rant applications as recommended by the staff. 2. That the work be performed as recommended in the confidential memorandum dated October 27, 1983, and that the applicants be directed to obtain the necessary bids for staff review and approval. 3. The project shall not exceed the grant limits of $8,250 per house. Date Chairman 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. Page Two Solvan v. Board of S 169Cal Re 395 g S p p , A "Special Assessment" is a CHARGE imposed upon particular Realty Property for local public improvement of DIRECT BENEFIT TO THAT PROPERTY. PETITIONER'S PRAYER. The Petitioner Prays the Brooklyn Center Council RESCIND Resolution 83 -128, dated August 22, 1983, because my Property DOES NOT abut and /or adjoin and /or benefit from Project No. 1982 -09, 1982 -10 and 1982 -11 in any way whatsoever. Respectfully submitted, Melba P. Evanson 800 - 69th Avenue North Brooklyn Center, MN 55430 U fp Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFOP24ED UNDER EARLE BROWN " FARM ESTATES SIDEWALK IMPROVEMENT PROJECT NO. 1983 -13 WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Thomas & Sons Construction, Inc. has satisfactorily completed the following improvement in accordance with said contract: EARLE BROWN FARM SIDEWALK IMPROVEMENT PROJECT NO. 1983 -13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved as follows: Previously, Final Approved Amount Original Contract $ 6,657.50 $ 6,241.75 2. The value of the work performed is less than the original contract amount by $415.75 due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $6,241.75. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER PEDESTRIAN/ BICYCLE TR.AILWAY IMPROVEMENT PROJECT WHEREAS. pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Bury & Carlson, Inc. has satisfactorily completed the construction of bituminous trailways within Lions Park and Evergreen Park, and adjacent to the Brookwood Housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved as follows: Previously Final Approved Amount Original Contract $ 6,921.00 $ 6,265.15 2. The value of the work performed is less than the original contract amount by $655.85 due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $6,265.15. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH BROOKLYN CENTER DEVELOPMENT COMPANY REGARDING SPECIAL ASSESSMENT FOR STORM SEWER PROJECT NO. 1980 -24 BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized and directed to execute an agreement with the Brooklyn Center Development Company regarding a Brooklyn Center assessment for Storm Sewer Project No. 1980 -24. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereof, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4 =,7 -I CITY i OF 6801 SHINGLE CREEK PARKWAY B iROW A Mir N BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 E E N` 1"Ev { EMERGENCY - POLICE -FIRE �+ 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 3, 1983 RE: Agreement with Brooklyn Center Development Company Regarding Special Assessment for Storm Sewer Project No. 1980 -24 Attached hereto is a copy of an agreement with the Brooklyn Center Development Company in which the Company withdraws its objections to the special assessment in the amount of $23,833.42 to the Earle Brown Apartments for construction of the 67th Avenue extension of the storm sewer system. In consideration of the Company's agreement to withdraw that objection, the City agrees to correct drainage problems at three places on the site of the apartments. The estimated cost for these corrections is $1,500.00 and the work has already been accomplished by our Street Department forces - to assure that it would be completed in good weather - and within the deadline specified by the agreement. While it is true that the on -site drainage problems which we are agreeing to correct were created primarily by action of the developer or builder, the City Attorney and I agree that this is a very acceptable trade off for the Company's agreement to withdraw its objection to the assessment. The legal costs for processing the assessment appeal would be substantially greater. Accordingly, we recommend approval of the agreement. A resolution for that purpose is provided for consideration by the City Council. Respectfully submitted, SK:jn "'7lc So.xetlrucg 7fPaae (�" AGREEMENT REGARDING BROOKLYN CENTER ASSESSMENT FOR STORM SEWER - PROJECT NO. 1980 -24 WHEREAS, the City of Brooklyn Center (City) desires to assess Tract A, Registered Land Survey No. 1382 (Property) for a storm sewer assessment in the amount of $23,833.42; WHEREAS, Brooklyn Center Development Company (Owner), owner of Property, has filed a written objection with City to the proposed assessment; WHEREAS, City and Owner desire to resolve the amount of the special assessment; NOW, THEREFORE, City and Owner agree as follows: 1. Owner agrees to withdraw its objection previously filed with City for the assessment for storm sewer project No. 1980 -24 in the amount of $23,833.42. 2. Owner waives all objections as to the assessment against the Property and all objections to the procedures followed by City in adopting the assessment. 3. City agrees to lower by four inches the catch basin located near the southwestern corner of Property. The location of this catch basin is depicted by the number "1" on the attached map. City agrees to construct a drainage swale so that the water that collects on the southwestern corner of Property will drain into the catch basin. City agrees to replace the solid cover presently located on the catch basin with a metal grate. 4. City agrees to construct a drainage swale between the catch basin on 69th Avenue North and the northwestern corner of Property. The location of the construction of the drainage swale is indicated by the number "2" on the attached map. 5.. City agrees to construct a curb cut in the curb on the southeastern corner of Property and construct a drainage swale between the curb cut and the catch basin located southerly of the property line. The location of this drainage swale is depicted by the number "3" on the attached map. Initials: dgax� 6. City agrees to commence and complete the construction described in paragraphs 3, 4 and 5 hereof as soon as reasonably possible, and further agrees that said con- struction shall be completed no later than November 15, 1983. A . This agreement is entered into by the parties on October 3, 1983. CITY OF BROOKLYN CENTER By Mayor By City Manager BROOKLYN CENTER DEVELOPMENT COMPANY r By cry ° J� t •� / F .•� l " 7 67TH. AVE. SHINGLE CREEK PARKWAY � o<>--> a STORM S EWER ANALYSIS � _ � - i- TRACT A RL.S.1 3 8 2 DRAINAGE P �+ o + V a ' 6 --�► O 7;y 99 1 •- r t to z YO Rg iP ' 1 Q'T A Af • a; P R i �A T ---O-9 s `V ffl , , S 'z' �AOIRTfIA w : e1Q a 1 r { ,� � t � �,._._ _.-- -----' �4 � ������� Jam• a � - - � ----4 •� AL p 1 --- • �� 9 ` { 7TH fi�VE. NO. jA0 31 w y , j e Yd Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING A PUBLIC HEARING THEREON BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota (the City), as follows: Section 1. Recitals 1.01. The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, insofar as possible, the emergence of blighted lands and areas of chronic unemployment, and the State has encouraged local governmental units to act to prevent such economic deterioration. 1.02. Donald Byerly, a Minnesota resident, and Byerly's, Inc., a Minnesota corporation (collectively, the Applicant) have advised this Council of their desire to acquire land and construct and equip thereon a 65,000 square foot supermarket facility in the City, which facility will include a bakery, restaurant, gift shop and related facilities (such acquisition, construction and equipping hereinafter is referred to as the Project). The estimated total cost of the Project is $9,590,000. 1.03. The City is authorized by the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the Act), to issue revenue bonds or notes (whether bonds or notes, hereinafter, the Bonds) to finance capital projects consisting of properties used or useful in connection with a revenue- producing enterprise. The Applicant has requested that the City issue its revenue bonds, to be issued in one or more series, in the approximate principal amount of $9,590,000 to finance the cost of the Project. Section 2. Public Hearing. 2.01. Section 474.01, Subdivision 7b of the Act requires that prior to submission of an application to the Minnesota Energy and Economic Develop- ment Authority requesting approval of the Project as required by Section 474.01, Subdivision 7a of the Act, this Council shall conduct a public hearing on the proposal to undertake and finance the Prcject. Pursuant to that provision, a public hearing on the proposal to undertake and finance the Project is called and shall be held on 1983, at o'clock p.m., at the City Hall. 2.02. The City Manager shall cause notice of the public hearing to be published once in the official newspaper of the City and once in the Minneapolis Star and Tribune a newspaper of general circulation throughout the City, at least once not less than fifteen (15) nor more than thirty (30) days prior to the date fixed for the hearing, such notice to be in substantially the following form: 4 RESOLUTION NO. 2.03. A draft copy of the proposed application to the Minnesota Energy and Economic Development Authority, together with all attachments and exhibits thereto, are hereby ordered placed on file in the office of the City Manager, and shall be available for public inspection, following the publication of the notice of public hearing, weekdays, during normal business hours. Section 3. Special Obligation In all events, it is understood, however, that any bonds issued by the City pursuant to the Act to assist in the financing of the Project shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the revenues pledged to the payment of the Bonds; that each bond, when, as and if issued, shall be payable solely from the revenues received from the Project and property pledged to the payment thereof and shall not constitute a debt of the City within the meaning of any constitutional, statutory or charter limitation; and that the Borrower shall save and hold the City harmless with respect to any and all liabilities and expenses incurred by the City with respect to the Project and the Bonds. 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. e RESOLUTION NO. NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT . AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT _.: REVENUE BONDS UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 474, AS AMENDED CITY OF BROOKLYN CENTER, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota, will meet on , 1933, at o'clock p.m., at the City Hall, in Brooklyn Center, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue revenue bonds or notes (whether bonds or notes, hereinafter, the Bonds) under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended, in order to finance the cost of a project on behalf of Donald Byerly, a Minnesota resident and /or Byerly's, Inc., a Minnesota corporation, all of stock of which is owned, directly or indirectly, by Donald Byerly (collectively, the Borrower). The proposed project will consist of the acquisition of land and the construction r n of a 65 000 nd equipping the eo square foot supermarket , q facility in the City, which facility will include a bakery, restaurant, gift shop and related facilities (the Project). The Project will be located at Shingle Creek Parkway and Summit Drive in the City. The estimated total amount of the proposed bond issue is $9,590,000. The Bonds may be issued in one or more series, as deemed appropriate by the Borrower and the City. The Bonds shall be limited obliga- tions of the City and the Bonds and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that the Bonds may be secured by a mortgage or other encumbrance on the Project or property of the Borrower. No holder of any Bond shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds, or the interest thereon, nor to enforce payment against any property of the City except the revenues pledged to the payment thereof. A draft copy of the proposed application to the Minnesota Energy and Economic Development Authority for approval of the Project, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Manager, weekdays, during normal business hours. All persons interested may appear and express their views with respect to the proposal to undertake and 0 RESOLUTION 140. finance the proposed Project, or may file written comments with the undersigned, which comments will -bd considered-at the hearing. Dated: November 7, 1983. BY ORDER OF THE CITY COUNCIL Gerald Splinter City Manager r . L v Le (well Lefler Kennedy O'Brien 8: I)r.tNvz A Professional ,000 First Bank Place West , Minneapolis November 3, 1983 Minnesota 55402 telephone 612 - 333 -0543 "tayton L. LeFevere Herbert P. Lefler -'. Dennis O'Brien ohnE:Drawz Mr. Brad Hoffman _)avid J. Kennedy Administrative Assistant :ohn E.Pur 6301 Shi Creek Parkwa Tenn E. Purdue � y iichardJ.Schieffer Br Center, Minnesota 55430 �narles L. LeFevere Herbert P. Lefler nl seffrey J. Strand Re: $9,590,000 Commercial Development Revenue B -onds , .Iar y J. Bjorklund (Byerly Project) :;ennG.Kressel City of Brooklyn Center, Minnesota vayie Nolan Mcly L. Lavorato Our File No. B 'lichael A. Nash _uke R. Komarek Dear Brad: aan N. Ericksen _Liz Moran *ria ce T have reviewed the resolutions and other preliminary crra . Clugg materials prepared by bond counsel in connection with the .James J. Thomson, Jr. above project and find that they are i n proper form for consideration by the City Council at its meeting on November 7, 1983. Yours ry truly, Davi J. Kennedy DJK :caw f Fr__ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS ONE (1) FOUR -WHEEL DRIVE SIDEWALK PLOW AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota as follows: 1. The specifications for a four-wheel drive sidewalk plow, as prepared by the City Engineer, are hereby approved and order filed with the City Clerk. 2. The Clerk shall advertise for bids for such sidewalk plow by publication at least once in the official newspaper, the date of first publication no less than 10 days prior to the date of receipt of bids. Said notice shall state that no bids will be considered unless sealed and filed and accompanied by a cash deposit, bid bond, cashier's check, or certified check payable to the City Clerk in an amount not less than five- percent (5a) of the company bid. 3. Bid date is set for November 16, 1983 at 2:00 p.m. 4. The City Manager shall be authorized to open and tabulate the bids. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER, MINNESOTA INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT FOR ONE (1) FOUR WHEEL DRIVE SIDEWALK PLOW 1. General The attached specifications shall constitute the minimum acceptable specifications for the equipment for which bids are requested. The word "Owner" used in these specifications refers to the City of Brooklyn Center, Minnesota. d may be withdrawn within 30 days No bi y s after the i y scheduled closing time for receipt of bids without the consent of the Owner. 2. Bid Deposit All bids must be accompanied by a bid bond, cashier's check, or certified check made payable to the City of Brooklyn Center, Minnesota, in an amount equal to five percent (50) of the total dollar value of the bid as a guarantee that if the bid is accepted the Bidder will execute a Contract and furnish Contract Security, as required by these specifications, within 10 days after receipt of Notice of Award of Contract by Owner. The Conditions of the bid deposit shall be that the Owner will withhold all deposits until bids are accepted or rejected by the Owner. If contracts are awarded, the Owner will return the bid deposits of unsuccessful bidders, but will retain the bid deposit of the success- ful bidder until the Contract is executed and Contract Security is furnished. 3. Objections To Any objections to the specifications must be submitted Specifications to the City Engineer, in writing, on or before November 9, 1983. 4. Proposal Form Proposals shall be submitted upon the proposal form attached hereto, in a sealed envelope with the statement thereon "Sidewalk Plow" and must be submitted to the City Clerk, City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 prior to the time set for opening of bids. 5. Descriptive Catalog information showing make, model, and complete Information specifications of the equipment the bidder proposes to Required furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. • (1) • 6. Patent The Bidder must give assurance t.Q the City of Brooklyn Infringements Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such a suit and save the City harmless all such actions. 7. Guarantee Each Bidder shall furnish the manufacturer's standard warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. 8. Bid Rejection The City of Brooklyn Center, Minnesota, reserves the right to reject any and all bids, to waive any informalities in bidding, or to accept the bid or bids which best serve the interest of the City of Brooklyn Center. 9. Bid Withdrawal No bids shall be withdrawn for a period of thirty (30) calendar days after the scheduled opening of the bids without the consent of the City Council of the City of Brooklyn Center. 10. Award of Contract Award of Contract by the City of Brooklyn Center. will be based on, but not necessarily limited to the factors of price, delivery date, warranty, parts and service; as well as analysis and comparison of specifications and performances. 11. Proof of Workers The Bidder to whom a Contract is awarded shall be required Compensation to furnish proof that the Bidder has Worker's Compensation Insurance in force. Such proof shall be in the form of a copy of the Bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. 12. Contract Security The Bidder to whom a Contract is awarded shall be required to furnish a performance bond or letter of credit in an amount equal to 100% of the Contract price, or in lieu of the performance bond or letter of credit, the Bidder may furnish a Certified Check or other financial guarantee acceptable to the City Attorney, and made payable to the City of Brooklyn Center, in an amount equal to ten percent (10 %) of the bid amount as financial guarantee of delivery in accordance with the requirements of the Contract Documents. Said Contract Security will be returned upon delivery (F.O.B. Brooklyn Center Municipal Garage - 6844 Shingle Creek Parkway) of equipment meeting the specifications in accordance with the Contract provided, however, that if such delivery is not made within the delivery schedule specified by the Bidder on the proposal form, the Owner may then cancel the Contract and retain the Contract Security in the amount of 10% of the total dollar value of the Contract, as liquidated damages. (2) However, if delivery within the specified delivery schedule becomes impossible due to strikes, fire, war, acts of God, or other reason beyond the control of the Bidder, the Bidder shall so advise the Owner immediately. If such notice is received, the Owner may -then elect to extend the time of delivery, or cancel the Contract and return the Contract Security to the Bidder. 13. Compliance With The equipment called for herein shall be new, currently Current Standards advertised, standard production models incorporating all the latest available changes and features, including all the safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of the Minnesota Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. (3) SPECIFICATI ~ for ALL WHEEL DRIVE SIDEWALK PLOW General These specifications describe a diesel engine, articulated frame_, rubber tire, all wheel drive sidewalk snow plow. The unit must be capable of operation on a 5 foot width sidewalk with a front mounted blower, or vee plow. Machine to be furnished must equal or exceed the following S2ecifications. Engine Industrial type diesel powered, 250 Cu. In. minimum, 70 H.P. minimum. The engine shall include the following: Governor Thermostat Fuel Filter Full Flow Oil Filter Dry Type Air Cleaner with Service Indicator Cold Weather Starting Aid Winterized Cooling System with sufficient Anti- Freeze to prevent freezing Electric Key Start Filler Openings Strongest Electric Starter Motor manufactured for the Engine furnished Oil Cooler capable of protecting the Engine from damage during plowing operations Transmission Hydrostatic type transmission with low range (0 -10 M.P.H.) and high range (0 -20 M.P.H.) with reverse and neutral position. Speed to be controlled by a foot pedal. Neutral Safety Switch to be included. Brakes Foot operated hydraulic drum type service brakes. Parking brake shall be included, with warning buzzer. Steering Articulated hydraulic or hydrostatic power steering with automotive type steering wheel. Frame articulation shall be 350 minimum right or left with a 12 to 15 ft, inside diameter turning capability. Electrical System 12 volt system with heavy duty battery and high output alternator. 2 sealbeam headlights, 2 stop and tail lights, directional lights, 4 -way flasher lights, backup lights, cab dome light, and cab roof mounted blue revolving beacon, Whelen Model 1200 or equal. All lights to meet Minnesota Vehicle Code. 9 _ A xles Axles shall be heavy duty with all wheel drive. Tires & W Wheels 15" diameter x 10" wide - Tires mud & snow type 9 x 12:00 x 15 minimum Spare tire & rim shall be included with unit Cab Shall be an all weather R.O.P.S. type fully enclosed all steel and include the following items: Horn Heater /Defroster Two Speed Windshield Wiper with Washer All Operative Controls Sound Deadening Material Sliding Side and Rear Windows d t t Tinted Safe Glass throughout Y g Rear View Mirror Removable Door Hinged Instrument Panel Suspension type Seat with Safety Seat Belt All controls shall be convenient to the operator. Instruments The following shall be included and visible to the operator: Engine Tachometer Engine Hour Meter Ammeter or Volt Meter (Volt Meter preferred) Coolant Temperature Gauge Hydraulic Oil Temperature Gauge Oil Pressure Gauge Fuel Level Gauge (May be on tank) All instruments and gauges shall be illuminated. Fuel Tank Fuel tank 20 gallon minimum P.T.O. Shall be suitable for driving attachments requiring direct engine drive. The clutch shall include an electric activator and control to engage or disengage. Hydraulic System The system pump shall furnish sufficient GPM at the Manufacturer's recommended R.P.M. to perform the required operations. The system shall include a filter, oil cooler, reservoir, pressure relief valves and controls. The controls shall be capable of rovidin down pressure or raisin mounted attachments Included also shall be P g P g a "Float" position which allows the operator to maintain attachment height automatically. Standard Equipment Shall include all standard equipment such as tool box, slow moving vehicle emblem, back -up alarm and all necessary safety equipment guards, shields, warning signs, etc. (2) Attachment Mountings The unit shall be constructed with all quick connect /disconnect couplings for all attachments specified herein. The mountings and /or hitches shall be the strongest available for the unit with all parts suitable to do the work intended. Snowblower Shall have an opening approximately 38" high and a width at least equal to the overall width of the unit. The Blower must be hydraulically controllable from inside the cab and include the following reatures: Two Discharge Chutes - one for regular plowing and one for direct loading of truck bores with 96" height sidewalls Replaceable, Hardened Impeller Housing Liner Chute Rotator Hydraulically Controlled from inside the cab Chute Deflector Replaceable, Hardened Cutting Edge Shear Bolts for Auger and PTO Drive Quick Mount /Dismount feature Vee Plow Shall have the following features: Width at Bottom - 48" to 58" Width at Wings - 50" to 60" Height and Cutting Nose - 28" to 30" Height at Wings - 35" to 40" Replaceable Hardened Cutting Edges Replaceable Hardened Nose Edge Capable of exerting down pressure _ Quick Mount /Dismount feature i olor Yellow, Color #DAR 81657 Manuals One operator's manual, and one part's manual shall be included with delivery of the machine. Trade -In 1 Bombardier Model #SW48 SIN SW7615TN Sidewalk Plow. e a (3) PROPOSAL One (1) All Wheel Drive Sidewalk Plow To City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, IMN 55430 Gentlemen: lie propose to furnish and deliver one sidewalk plow according to the specifications at the following bid price: 1. Bid price per unit 2. Less Trade In 3. Net Bid Price Delivery Date (calendar days) Signed Firm Name Address Date BID OPENING: 2 :00 p.m. November 16, 1983 9 g� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR FURNISHING AND DELIVERING THREE COMPACT POLICE PATROL SEDANS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specification f furnishing and delivering of three co p n or the g g P police patrol sedans are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the furnishing and delivering of three compact patrol sedans in accordance with said specifications. 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. e CITY OF BROOKLYN CINTIR 6301 SSMMLE CREEK PARKWAY BROOKLYN CETdTI R, T "MIESOTA 55430 PROVISIONS ArID SPECIFICATIONS FOR THREE (3) C011PACT POLICE PATROL SEDANS 1 . G7T-W1 All bids must be received at the office of the City Clerk on or before 2:00 p.m. , December 14, 1983, and shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked 'Bid for Compact Police Patrols ". It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract to the best interest of the City. The police sedans proposed and delivered to the City of Brooklyn Center shall be complete in every respect and .ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer Is .reference, trade name, brand, or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material of equipment desired. The police sedans the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the sedans the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necesarily limited to the factors of price, delivery date, parts and service; as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of the bids. 6. PROOF OF WORKERS COP1PDMTI0N Fach bid shall be accompanied by proof that the bidder has Workers Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. -law GFT1f�AL The vehicles and /or equipment called for herein shall be new compact police patrol sedans currently advertised, police production models incorporating all the latest available changes and features, including all the safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of the Minnesota. Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. BODY Four door notchback police sedan, with reinforced cradle. SFATING Standard seating, cloth upholstery front, vinyl upholstery rear, full foam padded seats. Head room front 38" minimum. Leg -room front 42 minimum. Shoulder room front 56 minimum. TRUNK RELEASE Power -release within easy reach of driver.. MISC . FQUIPI ITT : Instrument guages (light indicator's not acceptable) Cigarette lighter to g � All vehicles to be fleet keyed alike Rear window defogger or defroster Door edge guards Tinted glass throughout Tilt steering wheel Factory air conditioning Left hand spotlight Trunk light Power door locks Lef_thand .remote adjustable mirror Rubber floor mats front Righthand mirror Luggage compartment lamp Speedometer police type - 2 mph increments, with two piece cable Rear door handles inoperative CHASSIS: Wheel base: 104" minimum Brakes: Power disc -front Drum --rear - front and rear semi - metallic brake linings Transmission: Automatic transmission - first gear blockout Differential: Front wheel. drive configuration Special Police Heavy duty front and .rear suspension, police special Suspension: shocks and springs, stabilizer bar front and rear Steering: Power assisted Wheels P Tires: Wheels 15" Tires P- 225/70R fabric belted radial tires Fngine Engine - V -6 design, 173 cu. in.`displacement minimum, Compartment: higher cooling capacity radiator - heavy duty, fuel filter, oil filter, air cleaner, etc. ELECTRICAL: Heavy Duty Heavy duty (70 amp hour minimum) Battery: Generator: 108 amp delcotron 45 amp at idle or equal Radio: Standard A.M. Lights: All lights to meet Minnesota Vehicle Code Special Wiring: Six 12 gauge and two 16 gauge leads from dash to .roof COLOR: Standard manufactaurer.'s color to be determined at time of award. I MANUAL: One parts manual and one service manual to be provided. e PROPOSAL THREE (3) COMPACT POLICF PATROL SEDANS TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: We propose to furnish and deliver three police sedans according to the specifications at the following bid price: 1. Bid price per unit 2. Total bid price (three units) Delivery date calendar days In guarantee of sincerity of purpose in entering this bid, the undersigned encloses a certified check or bidder's bond in the amount of five per cent (5/) of the total amount bid, made payable to the City of Brooklyn Center, which it is agreed will be forfeited to the City in the event that said contact is not executed as herein stipulated in the event that said proposal is accepted. Signed Firm Name Address Date Bid opening: December 14, 1983 — 2:00 p.m. F,9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING A CITY PURCHASING POLICY WHETILAS, Section 6.05 of the City Charter of the City of'Brooklyn Center does direct the City Council to establish and maintain a purchasing policy for the City of Brooklyn Center. BE IT, THEREFORE, RESOLVED by the City Council of the City of Brooklyn Center that the purchasing policy of the City of Brooklyn Center shall be as follows: CITY OF BRO CENTER PURCHASIN POLICY PURPOSE It shall be the purpose of the Purchasing Policy of the City of Brooklyn Center to: (1) Assure that all purchases are made in accordance with the laws of the State of Minnesota, the City Charter, and other policies of the City of Brooklyn Center. (2) Assure that all purchases are charged to the proper account. (3) Assure vendors that the purchase is authorized and that their invoices will be paid promptly. (4) Assure uniform purchasing procedures within the City's departments. (5) Assure the City Council and the City Manager that adequate controls over the purchasing function are well established and are adhered to. DEFINITIONS For the purposes of establishing purchasing procedures for the City of Brooklyn Center, the following definitions shall apply:. CONTRACT FOR SERVICES A "contract for services" means an agreement entered into by the City for the use of professional services such as consultants, auditors, legal counsel, and architects. "Contract for services" shall also include an agreement entered into by the City for insurance coverages. CONTRACT FO PURCHASES A "contract for purchases" means an agreement entered into by the City for the purchase of supplies, materials, equipment or the rental thereof, or the purchase, construction, alteration, repair or maintenance of real or personal property. RESOLUTION 110. CONT POR LI9 S TORES MER CIin NDI SE_P_UP..CIII +Si S : A "contract for liquor stores merchandise ►purchases means an agreement entered into by the City for the purchase of merchandise for resale in the City's off -sale liquor stores. PROCEDURF;S : For the purpose of establishing purchasing procedures, "contracts for services" and "contracts for purchases" shall be divided into separate purchasing categories according to the real or estimated cost of the services or purchases. The purchasing categories shall be: Cate I_: $15,000 or more Category II : $5,000 or more, but less than $1.4,999 Category III $2,000 or more, but less than $5,000 Category I V: Less than $2,000 CONTRACT FOR SERVICES procedures by category shall be as follows: Category I, Category II, Category III ($2,000 or more) Contract awarded by the City Council upon recommendation of the City Manager. Category IV : (Less than $2,000) Contract awarded by City Manager. CONTRACT FOR PURCHASES procedures by category shall be as follows: ` Categ I : ($15,000 or more) a. Awarded by City Council upon recommendation of City Manager. b. Contract awarded by City Council upon receipt of sealed bids in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471.345. Category II : ($5,000 through $14,999) a. Awarded by City Council upon recommendation of City Manager. b. Contract awarded by City Council in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471.345 upon either: (1) receipt of sealed bids. (2) receipt of two or more written quotations when possible. Categor III ($2,000 through $4,999) a. Awarded by City Manager. b. Contract awarded by City Manager upon receipt of two or more written quotations when possible. Catego IV : (Less than $2,000) a. Awarded by City 1`Ianager. b. Contract awarded by City Manager upon receipt of two or more written or oral quotations when possible. • PYSOLUTION NO. COI;'I' R.AC'I' FOR LT J OF2 S'i'OItF'S MERC HANDISE PURCIIAS : _ Categori I thro IV : (All amounts) . a. Awarded by City manager. b. Contract awarded by City Manager upon receipt of two or more written or oral quotations when possible. COOPERATIVE PU RCHASIN G: contracts for purchases or services entered into through joint purchasing agreements with the State of Minnesota, Hennepin County or other governmental agencies for Categories I through IV shall be considered to meet the requirements of the City Purchasing Policy. GENERAL POLICIES 1. The City Manager shall establish written detailed purchasing procedures which are necessary to supplement the City Council's purchasing policy and which are necessary to maintain adequate controls over the purchasing function. 2. Checks shall be issued regularly on the second and -fourth Mondays of each month to pay the City's outstanding warrants, or whenever else necessary to guarantee cash discounts, or whenever else deemed necessary by the City Manager. 3. The City Manager shall have the responsibility to expend funds necessary to assure the continued operations of the City's F functions in accordance with State laws, City Charter, this purchasing policy and the City Budget. 4. The City Manager shall keep on file for'public inspection, through the Department of Finance, a listing of all cash disbursements made by the City during the current calendar year. 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. 1983 ItI•.'(:ULAIt SESSION Ch. 42 . 181.16. Construction of sections 161.13 to*181.17 Sections ]Sl.l:; to 181.17 shill not Lc construed to apply to any permm �srnlil - t, <I (,x lui ivuly a�; a farm lai r,cc r, nor to any employer or an individual, coparlmer:ahip, or corporation that is bankrupt, or where a receiver or trustee is act.inl; under the direction of the court.. Payment or tender by ch:!ek drawn on a bank situated in the county where a laborer is employed shall be a sufficient payment or tender to. comply with the provisions of sections 181.13 to 181.17. Sec. 2. Effective date. Section I is effec o the day after final enactment. Approved April 19, 1983. M "3 Nt� .1 . ti - .+I . Tr Ita�1i�,1Cx� 1'�� G� .:I �r..� �, "'T .c;;.��� �..A�� ��I';���1iv;� OF COMA' €cAC CH APTER 42 H.F.No. 68 An ,tact ratatinn, to lcc�J covernmen2; setting the doflar amount of co ntracts su }'Jt:ct to the open hhi cfing I -aw; airc d1. fr � h5innesota Statutes IH2, secticri 471.34:, subdivisions 3, 4, and 5. Be it enacted b the Legislature qf the State of Minnesota: Section 1. Minnesota Statutes 1982, section 471.345, subdivision 3, is amended to read: Subd. 3. Contracts over ::1-43 15,0 If the amount of the contract is estimated to exceed01.Cr 51 sealed bids shall be solicited by public notice in the manner and subject to the requirenicnts of the law governing contracts by the particular InuniGpahty or Class thereof provided that Nv;tli regard to repairs and maintenance of ditches, bids shall not be required if t1he estimated amount of the contract does not exceed the arnount specilied in section 106.471, subdivision 2. Sec. 2. Mt nnesota Statutes 1982, section 471.345, subdivision 4, is amended to read: Subd. 4. Contracts fr u;n $5,000 'to 1M,000 t o "Si 5 If the amount of the contract- is estimated to e ice: d S, M 0,0 00 but not to exceed $1 -0,009 ! T t 15 s 000, the contract may be made either upon sealed bids or by direct negotiation, by obtaii:in- two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations ob"ained shall be kept on file for a period of at least one year after receipt thereof. j nq, rscnr{ng and ctriktoouts are as shown In enrolled act 179 E. 1. 42 73rd LI:(;ISI,A'I't1ItI; Sec. 3. 11inn+•sota Statutes 1982, section 471.'315, subdivision i i "mended to read: Sub(l. 5. (:oniraft.s Icss th cn: +,t)!i0 alp Ii0O. If t.hc amount of th coo tract i;", r >tiinatod to he .j:r,l1� >�i X10,000 or lc. ;, the contract may 1w rn;ul either ul; +,n gnolat.ion or in the open rmwket, in the discretion of t }r l,overnin, both"; Imt, Fo f;tr r�s pr�� <�tic��.hlu, Shall he based on at least tv" yuat;+tions which shuil 'be kept on file for a period of at least one year after receipt. ther(;of. Approved April 19, 1:383. CHAPTER 43 } { ! H.P.No. 268 1 Ali Act rclatinq to fin^ricial inszi'cutions; credit unions; removing the i'eairictl ©rl the amounts that credit unions mtai 1 invest in the Cff_Ciit L4rliGn; rirnc: +iii the .,i7rrtdVin r(. , 2rictions at the { C4W!'iiL' G( ?it u ni on; Cllur ?ii«7} reIorences to '1. central crcd :t,' tlri to roflact its ni'n'e ci ?an'ie; aamm +in liiil"lvsQ � �at?<tute:3 I 1932, secticns t:,2 *04, u :. i��i ;; rr 1; 52.1:9, subdivision 2; 52.15, i subdivisions 1 an d 2; and 52.17, subdivi ion 2. Be it enacted by the Legislature of the State of Minnesota: Section 1. Minnesota Statutes 1982, section 52.04, subdivision 1, is amended to read: Subdivision 1. A credit union shall lrawo h the foilovring powers: (1) To receive the savings of its members either as payment on shares or as deposits, including the rigbt to conduct Christmas clubs, vacation clubs, and other PA=c-h thrift organizations within its membership; (2) To make loans to members for provident or productive purposes as provided ill section 52.16; (S) To male loans to a cooperative society or other organization having membership in the credit union; (4) To deposit in state and national banks and trust companies authorized to receive deposits; (5) To invest in any invest.inent legal for savings banks or for trust funds in the state and, notwithstanding clause (2), to invest in and make loans of unsecured da funds (federal funds or similar unsecured loans) to finan vial institutions insured by an agency of the federal government and a Undcrsc� ring and ctrlkeouts are as shogun in enrolled act Igo e 1983 RI S1,SSION Ch. 42 181.18. Construction of sections 181.13 to' 181.17 Section, 1?Sl.l.; to 181.17 shall not be construed to apply to any pirhon 0m1a w - •1_i�+v4 <o; a farm labc,ror, iwr to any employer or an individual, copartnership, or corporation that is bankrupt, or where a receiver or trustee is uct.ing under the direction of the court.. Payment or tender by check drawn on a bank situated in the county where a laborer is employed shawl be a sufficient payment or tender to comply with the Provisions of sections 181.13 to 131.17. Sec. 2. Effective date. Section 1 is effective the day after final enactment. Approved April 19, 1983. AI Ul�i �'L Ad AL C®1 3TA L1aW•mX£1'rfiOUNT OF CONTRACT CIL"IP TI.I;;. 4 2 H.Itt.NTo. 68 An fact relating to local cove, nment; setting the doilar amount of contracts 'surf c' to vie opn n t`:it ding Inw; E3Sr:2rif.`:M3 r 5tt tuties 1982, section 471.345, s€ bd:visloi s 3, 4, and 5. Be it enacted by the Legislature of the State of Minnesota: Section 1, Minnesota Statutes 1982, section 471.3 45, subdivision 3, is amended to read: Su L 3. Contracts over $4,04'R0 $ 0 If the amount of the contract is estimated to exceed �`40 ti1 sealed bids shall be solicited by public notice in the mn;;r,er and suhject to the requirements of tile law governing contracts by the particular municipality or class thereof provided that vi:tlt regard to repairs and maintenance of ditches, bids shall not be required if the estimated amount, of the contract does not exceed the amount speciiied in section 106.471, subdivision 2. Sec. 2. Minnesota Statutes 1982, section 471.345, subdivision 4, is amended to read: Subd. 4. Contracts frWn $4,011") to $10,QCt1 to 5 15,00 0. If the amount of the contract is estimated to exceed <5-)JW0 $10.0 but. not to exceed " -0,008 $15,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining tv o or more quotations for the purchase or sale when possible, and without advertisih- for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. lSrtdersc�qrinq and eirikti u!ie are as siio�vr. In enrolled act 179 C'b. 42 73rd LECISLA'IURE' jMinilf•,,ota statutos 1932, section 471.:;45, subdivision 5, is arnt�udcd to read: Scud, fi. Conh Acts lv s th;l1r :k,3,000 X10 If t.hf! amount of t1j, cvr t, art i:: r:;tiln :Jlod to hl :;,5,000 a,10,OU0_ or li.,.,, the contract Hilly be rrruf1, titlrcr upon (iuotation or i the olwn markf ±t, in the discretion of t.ir l;ovcrnin,, body; hut, F.o f;w P1, prat;tica -blo, shr.11 be basE on at least t�%: tluotatinnr> which sha11 be 1 on file for a period of at least one year after rcvcipt th(-rcof. Approved April 19, 1983. UZEDIT AND BORROWING i i i { 1 1 C H I A "1 E is 43 4 11.F.No. 268 i i Alt Act rc atinn to financial irasliiutions; credit unions; removing tils rezit'rict{ons on the c I ft t creddit U3:ictils n"OY invest in file i F C- �,Iporvte Cr€ Git union; reinovin3 the I Crrowing rCSii'i eionS tl'i full corporate Ci ?milt uni t; Cllrnoinf rC ?IC:re 1%4S to t'il'? Cr:niru{ Crk' :ii l un to reflac.1.. its name Clt'.nm-ic; amz'rdin� 1 %!i!lflesC � St ute. n. 3�3i ?, cn WtiC:;S 52.114, ; i.i a:'lsYi Cn 3; 52.0, s ul )- div16'lon 2; 52.35, Sub,"ivisions 3 and 2; and 52.37, sub divi .ion 2. Be it enacted by the Legislature of the State of Minnesota: Section 1. Minnesota Statutes 1982, section 52.04, subdivision 1, is e ie , f amenu,a to read: Subdivision 1. A credit union _ t .lon r�aal l�x�a has the following powers: (1) To receive the savings of its members either as payment on shares or as deposits, including the right to conduct Christmas clubs, vacation clubs, and other gi—ch thi;ft. organizations within its iembership; (2) To make loans to members for provident or productive purposes as provided in section 52.16; (8) To make loans to a cooperative society or other organization having membership in the credit union; ( 4 To deposit in e O i ,tale and national backs and trust companies ' ni4s authori� . •, 1 authorized to receive deposit (5) To invc-t in any investment legal for savings banks or for trust fields in the state and, notwithstanding clause (2), to invest in anil make loans of unsecured days funds (federal Hinds or similar unsecured loans) to finan- cial institutions insured by an agency of the federal government and a UnderscolI and ctrlkoauts are as shown in enrolled act 180 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant,_ DATE: November 2, 1983 SUBJECT: Amendment to Purchasing Resolution No. 81 -43 Resolution No. 81 -43 sets forth the City's purchasing policy and establishes the guidelines for municipal purchasers. The dollar limits for the various categories are consistent with Minnesota Statute 471.345. During the 1983 Legislative session, the statute regulating purchases by a municipality was amended. The resolution before the Council reflects those changes. Specifically, sealed bids were required for contracts over $10,000. The statute now requires sealed bids for contracts or purchases over $15,000. BH:dn yh Member introduced the following resolution and t _ .. moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATIONS FOR THE PURCHASE OF DIVING TOWERS FOR THE COMMUNITY CENTER POOL AND AUTHORIZING ITS PURCHASE WHEREAS, Minnesota Statutes 1982, Section 471.345 has been amended by the adoption of H.F. 68 (S.F. 56) laws 1983 to provide that for contracts from $10,000 to $15,000. The contract may be handled by obtaining two or more quotations; and WHEREAS, the City has received quotations for the purchase of diving towers for the Community Center, said quotations as follows: Bidder Quotation Associated Pool Builders, Inc. $19,773.00 Viking Fence & Construction 14,828.00 St. Croix Recreation Co. 14,500.00 Dolphin Pool & Patio 13,736.26 Minnesota Playground, Inc. 13,152.80 WHEREAS, the City Council has deemed that the quotation from Minnesota Playground, Inc., in the amount of $13,152.80, is the lowest responsible quotation received and recommend that a contract be awarded to said firm in that amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the quotation of Minnesota Playground, Inc., in the amount of $13,152.80, is hereby accepted and all other quotations are hereby rejected. 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. Lo Member introduced the following resolution and VVV moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1983 BUDGET AND AUTHORIZING THE PURCHASE OF EXERCISE STATIONS FOR WEIGHT ROOM WHEREAS, funds were appropriated in the 1983 General Fund Budget to the Community Center Recreation Programs in the amount of $12,000 for the repair and maintenance of recreational facilities; and WHEREAS, the Director of Parks and Recreation has determined that the existing two (2) Mack 1 exercise stations in the exercise room have worn out and can no longer be safely used; and WHEREAS, said exercise machines are an essential part of the exercise room and in immediate need of replacement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to amend the 1983 General Fund Budget as follows: 1. Increase the Community Center Capital Outlay Other.Equipment Account (4552) by the amount of $1,500; 2. Decrease the Community Center Repair and Maintenance Supplies Account (4230) by $1,500. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn r . Center that the City Manager be authorized to purchase two (2) Mack 1 exercise machines. 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� g� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADJUSTING SERVICE CHARGE FOR SPECIAL ASSESSMENT SEARCHES WHEREAS, the City of Brooklyn Center has established a charge of $5.00 to offset the costs incurred by the City for Special Assessment Search Services; and WHEREAS, said charge was last reviewed and adjusted October 1, 1974; and WHEREAS, the present service charge is inconsistent with the cost of providing a special assessment search. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the service charge for Special Assessment Searches be raised from $5.00 tom'TTC per parcel. 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. 9 MEMOR ANDUM_ Date: October 28, 1983 To: Tom Bublitz From: Pete Koole Subject: Special Assessment Search Service Fee We have been charging a $5.00 service charge for the preparation of a special assessment search that number from 500 to 1000 per year, for approximately the past six or seven years. A survey of several other cities and an analysis of the time and material costs indicate that an adjustment is necessary at this time. The fee charged for this service is set by policy and can be amended by majority vote of the City Council. Please schedule for the next Council Meeting, an adjustment in the Special Assessment Search Service Charge from $5.00 per parcel to $25.00 per parcel effective immediately. cc Grace Geske Sy Knapp K Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING REVISED ICMA DEFERRED COMPENSATION PLAN WHEREAS, the Employer maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation (the "Administrator "); and WHEREAS, the Administrator has recommended changes in the plan document to comply with recent federal legislation and Internal Revenue Service Regulations governing said plans; and WHEREAS, the Internal Revenue Service has issued a private letter ruling approving said plan document as complying with Section 457 of the Internal Revenue Code; and WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred compensation plans; and WHEREAS, said Trust is a salutary development which further advances the quality of administration for plans administered by the ICMA Retirement Corporation: NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts the deferred compensation plan, attached hereto as Appendix A, as an amendment and restatement of its present deferred compensation plan administered by the ICMA Retirement Corporation, which shall continue to act as Administrator of said plan; and BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B; and BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agreement with the ICMA Retirement Corporation, as appears at Appendix C hereto, as an amendment and restatement of its existing trust agreement with the ICMA Retirement Corporation, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable; and BE IT FURTHER RESOLVED that the Director of Finance shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. 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. DEPARTMENT CITY ok OF ROOKLYN FINANCE C ENTER MEMORANDUM w r TO: Gerald G. Splinter, City Manager FROM: Department of Finance DATE: October 31, 1983 SUBJECT: RESOLUTION ADOPTING REVISED ICMA DEFERRED COMPENSATION PLAN I have attached a resolution which, if adopted by the City Council, would amend our deferred compensation plan with the ICMA Retirement Corporation. The City has allowed its employees to participate in the International City Management Association (ICMA) Deferred Compensation Program since 1976. (Deferred Compensation is a method which allows the employee to take income out of the peak earnings years and invest it to provide additional income during retirement. It is taxed during the employee's retirement years, when they usually are in a lower tax bracket). The resolution has been made necessary by recent changes in Federal regula- tions and a decision to involve employers in the administration of the plan. The resolution (including Appendix A, B and C) will (1) adopt a new deferred compensation document which amends and restates the existing plan; (2) adopt a Declaration of Trust for the ICMA Retirement Trust; and (3) adopt a new trust agreement with the ICMA Retirement Corporation. I have also attached a letter of explanation from the ICMA Retirement Corpora- tion and a summary of changes for plans ddministered by the Corporation. Respectfully submitted, Paul W. Holmlund PWH:ps v 1C MA RETIREMENT /1 t` f ' . t l 1120 Area Code 202 G Street 737.6616 August 26 1983 Northwest g • Suite 700 Toll free 800 Washington DC 424.9249 20005 CITY MANAGER CITY OF BROOKLYN CENTER 6301 SHINGLE Cr?EEK PARKHAY BROOKLYN CENTER, MINNESOTA 55430 Dear Sir /Madams Due to recent federal regulations and a decision to more directly fnvoly -e employers in the administration of .our..deferred,compensation plan, we are .amending the plan document and asking that you also join the ICMA retirement Trust. A full explanation of these changes is attached. The plan document we presently administer for you allows for amendments to become effective if you do not file an abjection within 60 days of our notice to you. This letter provides that notice. However, we have packaged the revised plan with a resolution for your governing body which addresses its adoption of the revision, as well as a Declaration of Trust for the ICMA Retirement Trust a.nd certain minor amendments to the current trust agreement between you and the Ketirement,Corporation. The new Retirement Trust provides for your participati -on in the election of trustees to oversee the conduct of the program., but will not result in a change in the underlying investments. We believe this new structure further demonstrates our commitment to the welfare of ,our participating, employers and employees. On October 24, 1983, the ballots for electing the first Board of Trustees will be mailed to those employers which have formally adopted the trust. If you have any questipns, please call toll -f•ree at 800 - 424 - 9249. Sincerely, L Peter L. DeGroote President PL,D /mam Enc : f The ICMA Retirement Corporation is the administrator of a defened compensation retirement plan for state and local government under the sponsorship of: International City Management Association • Municipaai Finance Officers Association + International Personnei Management Association • National Institute of Municipal Law Officers • National League of Cities • American, Satiety for Public Adi.ninistration • American Institute of Planners • American Society of Planning Officials • American Public Works Association + American Public Power Association • Building Officials and Code Administrators International • American Association of Airport Executives • International Institute of Municipal Clerks • American Public Gas Association • International Association of Assessing Officers 1CMA Retirement Corporation Summary of Changes for Plans Administered by The ICNIA Retirement Corporation Recent changes in federal regulations concerning public The new trust arrangement has been submitted to the deferred compensation plans make it necessary for nearly Securities and Exchange Commission for its review. all plans to be amended. Accordingly, we are offering As you may know, unlike the IRS, the SEC does not a revision of the deferred compensation plan we admin- approve transactions but indicates whether or not it will ister for your employees on your behalf. Also, we have take action against you if a transaction is carried out. taken this opportunity to make other desirable changes The SEC has given us a "no- action" letter with respect in our administrative arrangements which we believe will to the Retirement Trust's compliance with the registra- further enhance the quality of our program by increasing tion provisions of the federal securities laws. your ability to directly influence our activities and policies. These changes are reflected in the three documents which The Retirement Trust has been created by a Founders are enclosed. We ask that you obtain a resolution of your Committee of persons representative of the participants governing body adopting these documents. A suggested in the RC program. They have determined that the first resolution is enclosed for your convenience. The docu- elections shall be held in the early fall of 1983, ments are as follows: preferably September. We will need copies of your governing body's resolution if you are to vote in the 1. A new deferred compensation plan document which first election or for any of your employees to be amends and restates the existing plan. This plan has nominated as trustees. been prepared in light of new Internal Revenue Ser- vice regulations, was submitted to the IRS, and has It is expected that all investments made on your behalf received its approval. The basic philosophy of plan will be held under the ICMA Retirement Trust after design has been to provide a plan as liberal as the law and regulations will allow. it becomes effective. However, it is also expected that, unless an employer adopts the Declaration of Trust, The existing plan provides for amendment upon our its investments will not be held thereunder following proposal with such amendment to become effective a transitional period. Therefore, while failure to adopt within 60 days unless you object in writing. Accord- the Declaration of Trust will not directly affect your ingly, you should regard this as formal notice of plan plan or have any immediate effect on the investment amendment. While governing body action is not re- of your funds, it is required for your full and continu- quired for plan amendments, we recommend that you ing participation in the Retirement Trust. formally adopt the new plan in conjunction with the other documents. 3. An amended version of your existing trust agree- 2. A Declaration of Trust for the ICMA Retirement ment. The amendments are intended to clarify this Trust. This is a new feature of our organizational agreement and conform it to the new plan document. structure. We currently have a direct Retirement Trust relationship with you which will continue. The new These changes improve and enhance the program. The trust establishes a Board of Trustees to be selected by addition of the ICMA Retirement Trust is done in the spirit participating employees, thus giving the employers of our long - standing objective of serving the best interests ultimate control over the management of the funds. of our participants. In the event you feel a need for addi- Included in the trustees' responsibilities are oversight tional information, please feet free to call our office toll- of our performance, appointment of auditors, and free at (800) 424 -9249. As always, we are prepared to monitoring of investment goals and objectives. assist you. i " MA RETIREMENT 1120 Area Code 202 G Street 737 -6616 Northwest Suite 700 Toll free 800 Washington DC 424 -9249 20005 FILE INFORMATION SHEEN' The information you provide on this sheet is essential for proper plan administration. As you complete this form, please refer to the instructions on the reverse side. 1-Employer's full name (City of, County of, etc.) City of Brooklyn Center Minnesota 2. Plan Coordinator (Name and title of official to whom all correspondence and reports are to be mailed) Paul W. Ho.lmlund, Director of Finance? 3. Employer's address 6301 Shingle Creek Parkway (street. PO Box, etc.) Brooklyn Center Minnesota 55430 (city) (state) (zip code) 4. Phone number (612) 61 -540 5. Employer's Federal Tax Identification Number 41- 6005011 6. How often will you make contributions? Bi- weekly 7. What is the first pay date of plan implementation? N/A 8. Number of employees eligible to participate 125 9. Total number of employees 125 Full-time, Permanent Employees APPENDIX A CITY OF BRO OKLYN CENTE 1 4TNN17' ;OTA ("EMPLOYER") DEFERRED GC. rOPENSATION PLAN! t. INTRODUCTIOtJ include any amount excludable from gross income underthis The Employer hereby establishes the Employer's Deferred Plan or any other plan described in section 457(b) of the Compensation Plan, hereinafter referred to as the "Plan." The Plan Internal Revenue Code, any amount excludable from gross consists of the provisions set forth in this document. income under section 403(b) of the Internal Revenue Code, The primary purpose of this Plan is to provide retirement income or any other amount excludable from gross incorne for and other deferred benefits to the Employees of the Employer in federal income tax purposes. Includible Compensation shall accordance with the provisions of section 457 of the Internal be determined without regard to any community property Revenue Code of 1954, as amended. laws. This Plan shall be an agreement solely between the Employer 2,07 Joinder Agreement: An agreement entered into between an and participating Employees. Employee and the Employer, including any amendments or modifications thereof. Such agreement shall fix the amount It. DEFINITIONS of Deferred Compensation specify a preference among the 2.01 Account: The bookkeeping account maintained for each investment alternatives designated by the Employer, Participant reflecting the cumulative amount of the designate the Employee's Beneficiary or Beneficiaries, and Participant's Deferred Compensation, including any income, incorporate the terms, conditions, and provisions of the Plan gains, losses, or increases or decreases in market value by reference. attributable to the Employer's investment of the Participant's 2.08 Normal Compensation: The amount of compensation which Deferred Compensation, and further reflecting any distribu- would be payable to a Participant by the Employer for a tions to the Participant or the Participant's Beneficiary and taxable year if no Joinder Agreement were in effect to defer any fees or expenses charged against such Participant's compensation under this Plan. Deferred Compensation. 2.09 Normal Retirement Age: Age 70, unless the Participant has 2.02 Administrator: The person or persons named to carry out elected an alternate Normal Retirement Age by written certain nondiscretionary administrative functions under the instrument delivered to the Administrator prior to Separation Plan, as hereinafter described. The Employer may remove from Service. A Participant's Normal Retirement Age any person as Administrator upon 60 days advance notice in determines (a) the latest time when benefits may commence writing to such person, in which case the Employer shall under this Plan (unless the Participant continues employ - name another person or persons to act as Administrator. The ment after Normal Retirement Age), and (b) the period during Administrator may resign upon 60 days advance notice in which a Participant may utilize the catch -up limitation of writing to the Employer, in which the case the Employer shall Section 5.02 hereunder. Once a Participant has to any extent name another person or persons to act as Administrator. utilized the catch -up limitation of Section 5.02, his Normal Retirement Age may not be changed. 2.03 Beneficiary: The person or persons designated by the A Participant's alternate Normal Retirement Age may not Participant in his Joinder Agreement who shall receive any be earlier than the earliest date that the Participant will benefits payable hereunder in the event of the Participant's become eligible to retire and receive unreduced retirement death. benefits under the Employer's basic retirement plan covering 2.04 Deferred Compensation: The amount of Normal Compensa- the Participant and may not be later than the date the tion otherwise payable to the Participant which the Participant attains age 70. if a Participant continues Participant and the Employer mutually agree to defer employment after attaining age 70, not having previously hereunder, any amount credited to a Participant's Account by elected an alternate Normal Retirement Age, the Participant's reason of a transfer under Section 6.03, or any other amount alternate Normal Retirement Age shall riot be later than the which the Employer agrees to credit to a Participant's mandatory retirement age, if any. established by the Account. Employer, or the age at which the Participant actually separates from service if the Employer has no mandatory 2.05 Employee: Any individual who provides services for the retirement age. If the Participant will not become eligible to Employer, whether v an employee of the Employer or as he independent contractor, and who has beer, designated by the receive benefits under a basic retirement plan maintained nt the Employer, the Participant's alternate Normal Retirement Employer as eligible to participate in the Plan. Age may not be earlier than attainment of age 55 and may not 1 02.06 Includible Compensation: The amount of an Employee's be later than attainment of age 70. compensation from the Employer for a taxable year that is attributable to services performed for the Empioyei and tha( 2•i0 Participant: Any Employee who has joined the Plan pursuant is includible in the. Employee's gross income for the taxable to the requirements of Article N. year for federal income tax purposes; such term does not 2.11 Plan fear: The calendar year. 1 2.12 Retirement: The first date LIPOn which both of the following plan), For purposes of this Section 5.02, a Participant's shall have occurred with respect to a Participant Separation 111CILIdible Compensation for the current taxable year shall be from Service and attainment of Normal Retirement Age. deemed to include any Deferred Compensation for the 2.13 Separation from Service: Severance of the Participant's taxable year in excess of the amount permitted under the employment with the Employer. A Participant shall be Normal Limitation, and the Participant's Includible Cornpen- deemed to have severed his employment with the Employer cation for any prior taxable year shall be deemed to excl L for purposes of this Plan when, in accordance with the any amount that could have been deferred tinder tie Not- 140 established practices of the Employer, the employment Limitation for such prior taxable year. relationship is considered to have actually terminated. In the 5.03 Section 403(b) Annuities: For Purposes of Sections 5.01 and case of a Participant who is an independent contractor of the 5.02, amounts contributed by the Employer on behalf of a Employer. Separation from Service shall be deemed to have Participant for the purchase of an annuity contract described occurred when the Participant's contract under which in section 403(b) of the Internal Revenue Code shall be services are performed has completely expired and treated as it such amounts constituted Deferred Compensa- terminated, there is no foreseeable possibility that the tiOn tinder this Plan for the taxable year in which the Employer will renew the contract or enter into a now contract contribution was made and shall thereby reduce the for the Participant's services, and it is not anticipated that the maximum arnount that may be deferred for such taxable year. Participant will become an Employee of the Employer, V1. INVESTMENTS AND ACCOUNT VALUES Ill. ADMINISTRATION 6.01 Investment of Deferred Compensation: All investments of 3.01 Duties of Employer: The Employer'shall have the authority to Participants' Deferred Compensation made by the Employer, including all property and rights purchased with such make all discretionary decisions affecting the rights or amounts and all income attributable thereto, shaflbethesole benefits of Participants which may be required in the property of the Employer and shall not be held in trust for administration of this Plan. . Participants or as collateral security for the fulfillment of the 3.02 Duties of Administrator: The Administrator, as agent for the Employer s obligations under the Plan. Such property shall Employer, shall perform nondiscretionary administrative be subject to the claims of general creditors of the Employer, functions in connection with the Plan, including the and no Participant or Beneficiary shall have any vested rnaintenance of Participants' Accounts, the provision of interest or secured or preferred position with respect to such periodic reports of the status of each Account and the property or have any claim against the Employer except as a disbursement of benefits on behalf of the Employer in general creditor. accordance with the provisions of this Plan. 6.02 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the investments or other property IV. PARTICIPATION IN THE PLAN obta by the Employer through the investment of the Participant's Deferred Compensation. It is anticipated that 4.01 Initial Participation: An Employee may become a Participant the Employer's investments with respect to a Participant will by entering into a Joinder Agreement prior to the beginning conform to the investment preference specified in of the calendar month in which the Joinder Agreement is to s "it become effective to defer compensation not yet earned. Participant's Joinder Agreement, but nothing herein . h_ - construed to require the Employer to make any partict-01"a 4.02 Amendment of Joinder Agreement: A Participant - nay amend investment of a Participant's Deferred Compensation. Each an executed Joinder Agreement to change the amount of Participant shall receive periodic reports, not less frequently compensation not yet earned which is to be deferred than annually, showing the then-current value of his (including the reduction of such future deferrals to zero) or to Account. change his investment preference (subject to such restric- tions as may result from the nature or terms of any investment 6.03 Acceptance of Transfers: Pursuant to an appropriate written made by the Employer). Such amendment shall become agreement, the Employer may accept and credit to a effective as of the beginning of the calendar month Participant's Account amounts transferred from another commencing after the date the amendment is executed. A employer within the same State representing amounts held Participant may at any time amend his Joinder Agreement to by such other employer under an eligible State deferred change the designated Beneficiary and such amendment compensat plan described in section 457 of the Internal shall become effective immediately. Revenue Code. Any such transferred amount shall not be treated as a deferral subject to the limitations of Article V, V. LIMITATIONS ON DETFERRALS provided however, that the actual amount of any deferral 5.01 Normal Limitation: Except as provided in Section 5.02, the indertheplan from which thetransferis made shall betaken maximum amount of Deferred Compensation for any into account in computing the catch-up limitation tinder Participant for any taxable year shall riot exceed the lesser of Section 5.02. $7,500.00 or 33 1/3 percent of the Participant's Includible 6.04 Employer Liability: In no event shall the Employer's liability to Compensation for the taxable year. This limitation vvill pay benefits to a Participant under Article VI exceed the value ordinarily be equivalent to the lesser of $7,500.00 or 25 of the amounts credited to the Participant's Account; the percent of the Participant's Normal Compensation. Employer shall not be liable for losses arising from 5.02 Catch-up Limitation: For each of the last three (3) taxable depreciation or shrinkage in the value of any investments years of a Participant ending before his attainment of Normal acquired under this Plan. Retirement Age, the maximum amount of Deferred Compensation shall be the lesser of: ( 1) $15,000 or (2) the VII. BENEFITS sum of (i) the Normal Limitation for the taxable year, and (ii) that portion of the Normal Limitation for each of the prior 7.01 Retirement Benefits and Election on Separation from taxable years of the Participant commencing after 1978 Service: Except as otherwise provided in this Article VII, the during which the Plan was in existence and the Participant distribution of a Participant's Account shall cowmen , Cgs& was eligible to participate in the Plan (or in any other plan during the second calendar month after the close of the r established under section 457 of the Internal nevenue Code - Year of the Participant's Retirement, arid the distribution o by an employer within the same State as the Employer) less such H(.ti , rerrierit benefits shall be made in accordance with the amount of Deferred Compensation for each such prior one of the payment options described in Sr, 7.02. taxable year (including amounts deferred under such other Notwithstanding the foregoing, the Participant may irrevo- 2 cably elect within 60 days following Separation from Sorvice Sectroris 7.01 or 7 06, a death hf, equal to the value Of thr� to have the distribution of b(!nefits cornmence on a dale other Participant' Account shall be payah1r to the Beneficiary than that clescr:bud in the preceding sentence vil is at commencing no later than 60 days after the close of the Plan least 60 days after the date such election is df red in Year in which the Participant would have attained Normal writing to the Employer and forwardc-d to the Administrator FiCtifoluent Age, Such dealt) her efit shall be paid in a lurnp but not later than 60 days after the close of the Plan Year of sum unless trio Beneficiary elects a different payment option the Participant's Retirement, within 90 days of the Participant's death. A Beneficiary who 7.02 Payment Options: As provided in Sections 7.01, 7.05 and 7.06, may elect a payment option pursuant to `.he provisions Of the -� the, Of his Account value a Participant may elect to hav preceding sentence shall be treated as if he were a Participant distributed in accordance with one of the following payment for purposes of determining the payment options available options, provided that such option is consistent with the under Section 7.02, provided, however, that the payment limitations set forth in Section 7.03: option chosen by the Beneficiary must provide for payments to the Beneficiary over a period no longer than the lite (a) Equal monthly, quarterly, semi - annual or annual expectancy of the Beneficiary if the Beneficiary is the payments in an amount chosen by the Participant, Participant's spouse and must provide for payments over a continuing until his Account is exhausted, period not in excess of fifteen (15) years if the Beneficiary is (b) One IUMP SUM payment; riot the Participant's spouse. (c) Approximately equal monthly, quarterly, semi-annual 7.06 Disability: I n the event a Participant hecornes disabled before. the commencement of Reti benefits under Section or annual payments, calculated to continue for a period T01, the Participant may elect to commence benefits under certain chosen by the Participant: one of the payment options described in Section 7.02onthe (d) Payments equal to payments made by the issuer of a last day cf the month following a determination of disability retirement annuity policy acquired by the Employer: by the Employer. The Participant's request for such (e) Any other payment option elected by the Participant determination Must be made within a reasonable time after and agreed to by the Employer. the impairment which constitutes the disability occurs. A Participant shall be considered disabled for purposes of this A Participant's election of a payment option Must be made at Plan if he is unable to engage in any substantial gainful least 30 days before the payment of benefits is to commence. activity by reason of any medically determinable physical or If a Participant fails to make a timely election of a payment mental impairment which can be expected to result in death option, benefits shall be paid monthly under option (c) above or be of long-continued and indefinite duration. The for a period of five years. disability of any Participant shall be determined in 7.03 Limitation on Options: No payment option may be selected accordance with uniform principles consistently applied and by the Participant Linder Section 7.02 unless the present value. upon the basis of such medical evidence as the Employer of the payments to the Participant, determined as of the date deems necessary and desirable. benefits commence, exceeds 50 percent of the value of the 7.07 Unforeseeable Emergencies: In the event an unforeseeable Participant's Account as of the date benefits commence. emergency occurs, a Participant may apply to the Employer Present value determinations under this Section shall be to receive that part of the value of his account that is made by the Administrator in accordance with the expected reasonably needed to satisfy the emergency need. If such an return multiples set forth in section 1.72-9 of the Federal application is approved by the Employer, the Participant shall Income Tax Regulations (of any successor provision) to such be paid only such amount as the Employer deems necessary regulations). to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved 7.04 Post - retirement Death Benefits: Should the Participant die through cessation of deferral under the Plan, insurance or a he has begun to receive benefits under a payment other reimbursement, or liquidation of other assets to the option, the remaining payments, if ally, Linder the payment extent Such liquidation would not itself cause severe financial option shall be payable to the Participants Beneficiary hardship. An unforeseeable ernergency shall be deemed to commencing within 60 days after the Administrator receives involve only circumstances of severe financial hardship to the proof of the Participant's death, unless the Beneficiary elects Participant resulting from asudden and unexpected illness of payment Linder a different payment option at least 30 days accident of the Participant or of a dependent (as defined in prior to the date that the first payment becomes payable to section 152(a) of the Internal Revenue Code) of the the Beneficiary. In no event shall the Employer or Participant, loss of the Participants property due to casualty, Administrator be liable to the Beneficiary for the atnOWIt Of or other similar and extraordinary unforeseeable circurn- any payment made in the name of the Participant before the stances arising as a result of events beyond the control of the Administrator receives proof of death of the Participant. Participant. The need to send a Participant's child to college Notwithstanding the foregoing, payments to a Beneficiary or to purchase a new home shall not be considered shall riot extend over a period longer than (i) the Beneficiary's unforeseeable emergencies. The determination as to life expectancy if the Beneficiary is the Participant's spouse whether such all unforeseeable emergency exists shall be or (ii) fifteen (15) years if the Beneficiary is not the based on the merits of each individual case Participant's spouse. If no Beneficiary is designated in the Joinder Agreement, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then VIII. NON-ASSIGNABILITY the commuted Value of any remaining payments under the No Participant or Beneficiary shall have any right to commute, payment option shall be paid in a ILIFTIP SUM to the estate of sell. assign, pledge, transfer or otherwise convey or encumber the the Participant. If the designated Beneficiary survives the tight to receive any payments hereunder, which payments and Participant for a period of fifteen (15) days, but does riot tights are expressly declared to be non-assignable and non- continue to live for the remaining period of payments Under transferable the payment option (as modified, if necessary, in conformity with the third sentence of this section), then the commuted IX. RELATIONSHIP TO 'OTHER PLANS AND EMPLOYMENT Value Of any remaining PaYn under the payment option AGREEMENTS shall be paid in a IWIHP SUM to the estate of the Beneficiary, This Plan serves in addition to any other retirement, pension, or benefit plan of system presently in existence or hereinafter 7.05 Pre - retirement Death Benefits: Should the Participant die.' established for the benefit of the Employer's employees, and before he has begun to receive the bonefits, provided by pattiCiIN11011 hereunder shall not affect benefits receivable under 3 any such plan or system. Nothing contained in this Plat) shall be period, the Employer notifies the Administrator in writing that it 0 deemed to constitute an employment contract or agreement disapproves Such amendment, i which CZISC Such amendment ndinent between any Participant and the Employer or to give any shall not become effective. fit the event Of Such disapproval, the Participant the right to be retained in the employ of the Employer. Administrator shall be tinder no obligation to Continue acting as Nor shall anything herein be construed to modify the terms of any Administrator hereunder. employment contract or agreement between a Participant and the No amendment or termination of the Plan shall divest Am Employer. Participant of any rights with respect to compensation dofer1w before the date of the amendment or termination. X. AMENDMENT OR TERMINATION OF PLAN X1. APPLICABLE LAW The Employer may at any time amend this Plan provided that it This Plan shall be Construed under the laws of the state where transmits Such amendment in writing to the Administrator at least the Employer is located and is established with the intent that it 30 days prior to the effective date of the amendment. The consent meet the requirements of an "eligible State deferred compensation of the Administrator shall not be required in order for such plan" under section 457 of the Internal Revenue Code of 1954, as amendment to become effective, but the Administrator shall be amended. The provisions of this Plan shall be interpreted wherever under no obligation to continue acting as Administra ' tor hereunder possible in conformity with the requirements of that section. if it disapproves Of Such amendment. The Employer may at any time terminate this Plan. XII. GENDER AND NUMBER The Administrator may at any time propose an amendment to herein, shall include the the Plan by an instrument in writing transmitted to the Employer at The masculine pronoun, whenever used least 30 days before the effective date of the amendment. Such feminine pronoun, and the singular shall include the plural, except amendment shall become effective unless, within such 30-day where the context requires otherwise. 4 APPENDIX D DECLARATION! OF TRUST of ICMA RETIREI'VIEE IT TRUST ARTICLE 1. Name and Definitions ARTICLE 11. Creation and Purpose of the Trust; Ownership of Trust Property SECTION 1.1. Name. The Name of the Trust created hereby is the SECTION 2.1. Creation. The Retirement hrust is created and ICMA Retirement Trust. established by the execution of this Declaration of Trust by the Trustees SECTION 1.2. Definitions. Wherever they are used herein, the and the participating Public Employers. following terms shall have the following respective meanings: SECTION 2.2. Purpose. The purpose of the Retirement Trust is to (a) By -Laws. The By -Laws referred to in Section 4.1 hereof, as provide for the commingled investment of funds held by the Public amended from time to time. Employers in connection with their Deferred Compensation Plans. The (b) Deferred Corpensation Plan. A deferred compensation plan Trust Property shall be invested in the Portfolios, in Guaranteed established and maintained by a Public Employer for the purpose Investment Contracts and in other investments recommended by the of providing retirement income and other deferred benefits to its Investment Adviser under the supervision of the Board of Trustees. employees in accordance with the provisions of section 457 of SECTION 2.3 Ownership of Trust Property. The Trustees shall have the Internal Revenue Code of 1954, as amended. legal title to the Trust Property. The Public Employers shall be the (c) Guaranteed Investment Contract. A contract entered into by beneficial owners of the Trust Property. the Retirement Trust with insurance companies that provides for a guaranteed rate of return on investments made pursuant to such contract. ARTICLE Ill. Trustees (d) ICMA. The International City Management Association. SECTION 3.1. Number and Qualification of Trustees. (e) ICMA /RC Trustees. Those Trustees elected by the Public (a) The Board of Trustees shall consist of nine Trustees. Five of Employers who, in accordance with the provisions of Section the Trustees shall be full -time employees of a Public Employer 3.1(a) hereof, are also members of the Board of Directors of ICMA (the Public Employee Trustees) who are authorized by such or RC. Public Employer to serve as Trustee. The remaining four Trustees shall consist of two persons who, at the time of election to the (f) Investment Adviser. The Investment Adviser that enters into a Board of Trustees, are members of the Board of Directors of contract with the Retirement Trust to provide advice with respect ICMA and two persons who, at the time of election, are members to investment of the Trust Property. of the Board of Directors of RC (the ICMA /RC Trustees). One of (g) Employer Trust. A trust created pursuant to an agreement the Trustees who is a director of ICMA, and one of the Trustees between RC and a Public Employer for the purpose of investing who is a director of RC, shall, at the time of election, be full -time and administering the funds set aside by such employer in employees of a Public Employer. connection with its deferred compensation agreements with its (b) No person may serve as a Trustee for more than one term in employees. any ten -year period. (h) Portfolios. The Portfolios of investments established by the SECTION 3.2. Election and Term. Investment Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of providing (a) Except for the Trustees appointed to fill vacancies pursuant investments for the Trust Property. to Section 3.5 hereof. the Trustees shall be elected by a vote of a Publi Employee Tr Those Trustees majority of the Public Employers in accordance with the O c Trustees. s tees e iect ed by the e set forth in the By-Laws. Public Employers who, in accordance with the provisions of y Section 3.1(a) hereof, are full -time employees of Public (b) At the first election of Trustees. three Trustees shall be. Employers. elected for a term of three years. three Trustees shall be elected for a team of two years and three Trustees shall be elected for a (j) Public Employer. A unit of state or local government, or any term of one year. At each subsequent election, three Trustees agency or instrumentality thereof, that has adopted a Deferred shall be elected for a term of three years and until tits or her Compensation Plan and has executed this Declaration of Trust. successor is elected and qualified. (k) RC. The International City Management Association SECTION 3.3. Nominations. The Trustees who are full -time Retirement Corporation. employees of Public Employers shall serve as the Nominating (t) Retirement Trust. The Trust created by this Declaration of Committee for the Public Employee Trustees, The Nominating Trust. Committee shall choose candidates for Public Employee Trustees in (m) Trust Property. The amounts held in the Retirement Trust on accordance with the procedures set forth in the By -Laws. behalf of the Public Employers. The Trust Property shall include SECTION 3.4. Resignation and Removal. any income resulting from the investment of the amounts so held. (a) Any Trustee may resign as Trustee (without need for prior or (n) Trustees. The Public Employee Trustees and ICMA: RC subsequent accounting) by an instrument in writing signed by the Trustees elected by the Public Employers to serve as members of Trustee and delivered to the other Trustees and such resignation the Board of Trustees of the Retirement Trust_ shall be effective upon such delivery, or at a later date according 1 to the terms of the instrument. Any of the Trustees may be times show that all such investments are a part of the Trust removed for cause, by a vote of a majority of the Public Property; Employers. (h) make, execute, acknowledge, and deliver any and all Public conveyance and an d all other ti transfer and con e (b) Each Pub,�c Employee Trustee shall resign or her position documents of y Y an as Trustee within sixty days of the date on which he or she ceases instruments that may be necessary or appropriate to carry Out t he to be a full -time employee of a Public Employer, powers herein granted; SECTION 3.5. Vacancies. The term 'of office of a Trustee shall (i) vote upon any stock, bonds, or other securities; give ge terminate and a vacancy shall occur in the event of the death, or special proxies or powers of attorney with or without power of resignation, rernoval, adjudicated incompetence or other incapacity to substitution; exercise any conversion privileges, subscription perform the duties of the office of a Trustee. In the case of a vacancy, the rights, or other options, and make any payments incidental remaining Trustees shall appoint such person as they in their discretion thereto; oppose, or consent to, or otherwise participate in, shall see fit (subject to the limitations set forth in this Section), to serve corporate reorganizations or other changes affecting corporate for the unexpired portion of the term of the Trustee who has resigned or securities, and delegate discretionary powers, and pay any otherwise ceased to be a Trustee. The appointment shaft be made by a assessments or charges in connection therewith; and generally written instrument signed by a majority of the Trustees. The person exercise any of the powers of an owner with respect to stocks, appointed must be the same type of Trustee (i.e., Public Employee bonds. securities or other property held as part of the Trust Trustee or ICMA /RC Trustee) as the person who has ceased to be a Property; Trustee. An appointment of a Trustee may be made in anticipation of a (j) enter into contracts or arrangements for goods or services vacancy to occur at a later date by reason of retirement or resignation, reeuired in connection with the operation of the Retirement provided that such appointment shall not bacorne effectivepriorto such Trust, including, but not limited to, contracts with custodians and retirement or resignation. Whenever a vacancy in the number gf contracts for the provision of administrative services; Trustees shall occur, until such vacancy is filled as provided in this (k) borrow or raise money for the purpose of the Retirement Section 3.5, the Trustees in office, regardless of their number, shall have Trust in such amount, and upon such terms and conditions, as the all the powers granted to the Trustees and shall discharge all the duties Trustees shall deem advisable, provided that the aggregate imposed upon the Trustees by this Declaration. A written instrument amount of such borrowings shall not exceed 30% of the value of certifying the existence of such vacancy signed by a majority of the the Trust Property. No person lending money to the Trustees Trustees shall be conclusive evidence of the existence of such vacancy. shall be bound to see the application of the money lent or to SECTION 3.6. Trustees Serve in Representative Capacity. By inquire into its validity, expediency or propriety of any such executing this Declaration, each Public Employer agrees that the Public borrowing; Employee Trustees elected by the Public Employers are authorized to (1) incur reasonable expenses as required for the operation of the act as agents and representatives of the Public Employers collectively. Retirement Trust and deduct such expenses from the Trust Property; ARTICLE IV. Powers of Trustees (m) pay expenses properly allocable to the Trust Property SECTION 4. t. General Powers. The Trustees shall have the power to incurred in connection with the Deferred Compensation Plans or conduct the business of the Trust and to carry on its operations. Such the Employer Trusts and deduct such expenses from that por power shall include, but shall not be limited to, the power to: of the Trust Property beneficially owned by the Public Em pw to whom such expenses are properly allocable; (a) receive the Trust Property from the Public Employers or from a Trustee of any Employer Trust; (n) pay out of the Trust Property all real and personal property (b) enter into a contract with an Investment Adviser providing, taxes, income taxes and other taxes of any and all kinds which, in among other things, for the establishment and operation of the the opinion of the Trustees, are properly levied, or assessed Portfolios, selection of the Guaranteed Investment Contracts in under existing or future laws upon, or in respect of, the Trust which the I Property may be invested, selection of other Property and allocate any such taxes to the appropriate accounts; investments for the Trust Property and the payment of reasonable (o) adopt, amend and repeat the By -Laws, provided that such By- fees to the Investment Adviser and to any sub - investment adviser Laws are at all times consistent with the terms of this Declaration retained by the Investment Adviser; of Trust; (c) review annually the performance of the Investment Adviser (p) employ persons to make available interests in the Retirement and approve annually the contract with such Investment Adviser; Trust to employers eligible to maintain a deferred compensation plan under section 457 of the Internal Revenue Code, as (d) invest and reinvest the Trust Property in the Portfolios, the amended; Guaranteed Investment Contracts and in any other investment (q) issue the Annual Report of the Retirement Trust, and the recommended by the investment Adviser, provided that if a Public Employer has directed that its monies be invested in disclosure documents and other literature used by the specified Portfolios or in a Guaranteed Investment Contract, the Retirement Trust; Trustees of the Retirement Trust shall invest such monies in (r) make loans, including the purchase of debt obligations, accordance with such directions; provided that all such loans shall bear interest at the current (e) keep such portion of the Trust Property in cash or cash market rate; balances as the Trustees, from time to time, may deem to be in the (s) contract for, and delegate any powers granted hereunder to, best interest of the Retirement Trust created hereby, without such officers, agents, employees, auditors and attorneys as the liability for interest thereon; Trustees may select, provided that the Trustees may not delegate (f) accept and retain for such time as they may deem advisable the powers set forth in paragraphs (b), (c) and (o) of this Section any securities or otner property received or acquired by there as 4.1 and may not delegate any powers if such delegation, would Trustees hereunder, whether or not such securities or other violate their fiduciary duties; property would normally be purchased as investments here- (t) provide for the indemnification of the officers and Trustees of under; the Retirement Trust and purchase fiduciary insurance; (g) cause any securities or other property held as part of the (u) maintain books and records, including separate accou Trust Property to be registered in the name of the Retirement each Public Employer or Employer Trust and such add0 - I rust or in the name of a nominee, and to hold any investments in separate accounts as are required under, and consistent with, the bearer form, but the books and records of the Trustees shall at all Deferred Compensation Plan of each Public Employer; and 2 ------ ----- (v) do all such acts, tlkf all such proceedings, and exercise all SECTION 5.3. Bond. No Trustee shall be obligated to give any bond such rights and privileges, although riot specifically mentioned or other security for the performance of any of his or her duties herem, as the Trustee; may doern necessary or appropriate to heretinder. administer the Trust Property and to carry out the purposes of the 0 R-tirenient Trust. ARTICLE V1. Annual Report to Shareholders ClION 4.2. Distribution of Trust Property. Distributions of the The Tru5tees shall annually submit to the Public Employers a written f Property shall be made to, or on behalf Of, the Public Employer, in report of the transactions of the Retirement Trust, including financial ac;cordaoice with the terms of the Deferred Cornp - action Pi iris or statements which shall be certified by independent public accountants Emp�oyer Trusts. The Trustees of the Retirernr�nt I rust shall be fully chosen by the Trustees. protected in making payments in accordance with the, directions of the Public Eniploiyurs or the Trustees of the Employer Trusts virthOLIt ascertaining whether such payments are in compliance with 1,110. ARTICLE VII. Duration or Amendment of Retirement Trust provisions of the Deferred Compensation Plans or the agreements SECTION 7.1. Withdrawal. A Public Employer may, at any time, with- creating the Employer Trusts. draw from this Retirement T rust by delivering to the Board of Trustees a SECTION 4.3. Execution of Instruments. The Trustees may statement to that effect. The withdrawing Public Employer's beneficial UrIlal designate any one or more of the Trustees to execute any interest in the Retirement Trust shall be paid out to the Public Employer instrument or document on behalf of all, including but not limited to the or to the Trustee of the Employer Trust, as appropriate. signing or endorsement of any check and the signing of any - T ION 7.2. Duration. The Retirement Trust shall continue until applications, insurance and other contracts, and the action, of such SEC designated Trustee or Trustees shall have the same force and effect as if terminated by the vote of a majority of the Public Employers, each taken by all the Trustees. casting one vote. Upon termination, all of the Trust Property shall be paid out to the Public Employers or the Trustees of the Employer Trusts, ARTICLE V. Duty of Care and Liability of Trustees as appropriate. SECTION 5.1. Duty of Care. In exercising the powers hereinbefore SECTION 7.3. Amendment. The Retirement Trust may be amended by the vote of a majority of the Public Employers, each casting one vote. granted to the Trustees, the - Trustees shall perform all acts within their author ity for the exclusive purpose of pr oviding benefits for the Public SECTION 7.4. Procedure. A resolution to terminate or amend the Employers, and - .hall perform such acts with the care, skill, prudence Retirement Trust or to remove a Trustee shall be submitted to a vote of and diligence in the circumstances then prevailing that a prudent person the Public Employers if: (a) a majority of the Trustees so direct, or (b) a acting in a like capacity and familiar with such matters would use in the petition requesting a vote, signed by not less than 25% of the Public conduct of an enterprise of a like character and with like aims. Employers, is submitted to the Trustees. SECTION 5.2. Liability. The Trustees shall not be liable for any mistake Of judgment or other action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of ARTICLE Vill. Miscellaneous account or other records of the Retirement Trust, upon the opinion of Ignsr employees or agents or by the Investment Adviser or any sub- el, or upon reports made to the R Retirement Trust by any of its SECTION 8. 1. Governing Law. Except as otherwise required by state or local law, this Declaration of Trust and the t Retirement Trust hereby stment adviser, accountants, appraisers or other experts or created shall be construed and regulated by he laws of the District of consultants selected with reasonable care by the Trustees, officers or Columbia. employees of the Retirement Trust. The Trustees shall also not be liable SECTION 8.2. Counterparts. This Declaration may be executed by for any less sustained by the Trust Property by reason of any investment the Public Employers and Trustees in two or more Counterparts, each of made in good faith and in accordance with thestandard of care set forth which shall be deemed an original but all of which together shall in Section 5.1. constitute one and the same instrument. APPENDIX C TRUST AGRFEEFAENT WITH THE ICIVIA RETIFIENiENT C011PORATION AGREEMENT rnadp by and between the Employer named in the provided, however, that the Employer may direct investment by the attached resolution and the International City I'vlanagementAssociation Trustee among available investment alternatives in such proportions as Retirement Corporation (hereinafter the "Trjsteo­ or "Retirement the Employer authorizes in connection with its deferred compensation Corporation"), a nonprofit corporation organized and existing undrribe agreements will's its employees. For these purposes, these Trust Funds laws of the State of Delaware, for the purpose of investing and otherwise may be commingled with Trust Funds set aside by other Employers adriiinistering the funds set aside by Employers in connection with pursuprAlo The terms of the 1CMA Retirement Trust. Investment powers deferred compensation plans established under section 457 of the vested in the T rustee by the Section may be delegated by the Trustee to . Internal Revenue Code of 1954 (the "Code"). This Agreernent shall take, any bank, insurance or trust company, or any investment advisor, effect upon acceptance by the Trustee of its appointment by the manager or agent selected by it. Employer to serve as Trustee in accordance herewith as -set forth in the attached resolution. Section 2.2. Administrative Powers of the Trustee. The Trustee shall WHEREAS, the Employer has established a deferred compensation plan have the power in its discretion: under section 457 of the Code (the "Plan"); (a) To purchase, or subscribe for, any securities or other WHEREAS. in order that there will be sufficient funds available to property and to retain the same in trust. discharge the Employer's contractual obligations under the Plan, the Employer desires to set aside periodically amounts equal to the amount (b) To sell, exchange, convoy, transfer or otherwise dispose of of compensation deferred any securities or other property held by it, by private contract, or WHEREAS, the funds set aside, together with any and all assets derived at public auction. No person dealing with the Trustee shall be from the investment thereof, are to be exclusively within the dominion, bound to sce the application of the PU'ChillSe ITIOnCy or to inquire control, and ownership of the Employer, and subject to the Erliployer's into the validity, expediency, or propriety of any such sale or absolute tight of withdrawal, no employees having any interest other disposition. at therein: (c) To vote upon any stocks, bonds, or other securities; to give V. THEREFORE, this Agreement witnesseth that (a) the Employer general or special proxies or powers of attorney with or without, a r il pay monies to the Trustee to be placed in deferred compensation power of substitution; to exercise any conversion privileges, accounts for the Employer; (b) the Trustee covenants that it will hold subscription rights, or other options, and to nial<e any payments said sums, and any other funds which it may receive hereunder, in trust incidental thereto; to oppose, or to consent to, or otherwise for the uses arid purposes and upon the terms and conditions participate in, corporate reorganizations or other changes hereinafter stated; and (c) the parties hereto agree as follows: affecting corporate securities, and to delegate discretionary ARTICLE I. General Duties of the Parties. powers, and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an Section 1.1. General Duty of the Employer. The Employer shall make owner with respect to stocks, bonds, securities or other property regul�;,r periodic payments equal to the amounts of its employees' held as part of the Trust Funds. compensation which are deferred in accordance with the terms and (d) To cause any securities or other p roperty held as part of the conditions of the Plan to the extent that such amounts are to be invested Trust Funds to be registered in its own name, and to hold any Linder the Trust. investments in bearer form, but the books and records of the Section 1.2, General Duties of the Trustee. The Trustee shall hold all Trustee shall at all times show that all such investments are a part funds received by it hereunder, which, together with the income of the Trust Funds. therefrom, shall constitute the Trust Funds. It shall administer the Trust (e) To borrow or raise money for the -purpose of the Trust in Such Funds, collect the income thereof, and make payments tnerefroni, all as amount, ' and upon s ' uch terms and conditions, as the Trustee shall hereinafter provided. The Trustee shall also hold all Trust Funds which deem advisable, and, for any surn so borrowed, to issue its - are transferred to it as successor Trustee by the ErTIPIOVel from existing promissory note as Trustee, and to se cure the repayment thereof deferred compensation arrangements angements with its Employees under plans by pledging all, or any part, of the Trust Funds. No person lending described in section 457 of the Code. Such Trust Funds shall be subject money to the Trustee shall be bound to see the application of the to a![ of the terms and provisions of this Agreement. money lent or to inquire into its validity, expediency or propriety of any such borrowing. ARTICLE It. Powers and Duties of the Trustee in Investment, (f) To keep such portion of the Trust Funds in cash or cash Administration, and Disbursement of the Trust Funds. balances as the Trustee, from time to time, may deem to be in the Section 2.1. Investment Powers and Duties of the Trustee. The best interest of the Trust created hereby, without liability for Trustee Shall have the power to invest and reinvest the principal and interest thereon. income of the Tr ust Funds and keep the Trust Funds invested, without (g) To accept and retain for such time as it may deem advisable distinction between principal and income, in securities or in other any securities or other property received or acquired by it as , I Trustee hereunder, whether of not such securities or other r,y, real or personal, wherever situated, including, but not limited stocks, common or preferred, bonds, retirement annuity and property would normally be purchased as investment hereunder. ,ance, policies, mortgages, and other evidences of indebtedness or (h) To make, execute, acknowledge, and deliver any and all ownership, investment companies, common or group trust funds, or documents of transfer and conveyance and any art( all other scpatato and different types of funds (including equity, fixed income) instruments that may be. necessary or appropriate to carry out the which fulfill requirements of state and local governmental laws, powers herein granted. 1 (I) To - settle, compromise, or submit to arbitration any claims, When an account becomes an account stated, such account shall be debts, or damages due or owing to or from the Trust Funds: to filially settled, and the Trustee shall be completely discharged And commence or defend SL)i',S or legal or administrative proceedings: released, as if Such account had been settled and allowed by a jUdgMet and to represent the Trust Funds in all suits and legal and or decree of a court of competent jur isdiction in an action or procce administrative proceedings, in which the Trustee and the Employer were parties, (i) To do all such acts, take all such proceedings, and exercise all The Trustee shall have the right to apply at any time to a Court Of such rights and privileges, although not specifically mentioned competent jurisdiction for the judicial settlement of its account. herein, as the T rustee may deem necessary to administer the Trust Funds and to carry out the purposes of this Trust. ARTICLE Vt. Resignation aril Removal of Trust". Section 2.3. Distributions from the Trust Funds. The Employer Section 6.1. Resignation of Trustee. The Trustee may resign at any hereby appoints the Trustee as its agent for the purpose of making time by filing with the Employer its written resignation. Such resignation distributions from the Trust Funds. In this regard the terms and shall take effect sixty (60) days from the date of such filing and upon conditions set forth in the Plan are to (guide and control the Trustee's appointment of a successor pursuant to Section 6,3., whichever shall power. first occur. Section 2.4. Valuation of Trust Funds. At least once a year as of Section 6.2. Removal of Trustee. The Employer may remove the Valuation Dates designated by the Trustee, the Trustee shall determine Trustee at any time by delivering to the Trustee a written notice of its the value of the Trust Funds. Assets of the Trust Funds shall be valued at removal and an appointrnent of a successor pursuant to Section 6.3. their market values at the close of business on the Valuation Date, or, in Such removal shall not take effect prior to sixty (60) days from such the absence of reedily ascertainable market values as the Trustee shall delivery unless the Trustee agrees to an earlier effective date. determine, in accordance with methods consistently followed and Section 6.3. Appointment of Successor Trustee. The appo'ntmen', of uniformly applied, a Successor to the Trustee shall take effect upon the delivery to the ARTICLE Ill. For Protection of Trustee. Trustee of (a) an instrument In writing executed by the Employer Section 3.1. Evidence of Action by Employer. The 'Trustee may rely appointing such successor, and exonerating such Successor from liability for the acts and omissions of its predecessor, and (b) an upon any certificate, notice or direction purporting to have been signed acceptance in writing, executed by such successor. on behalf of the Employer which the Trustee believes to have been signed by a duly designated official of the Employer. No communication All of the provisions set forth herein with respect to the Trustee shall shall be binding upon any of the Trust Funds or Trustee until they are relate to each successor with the sarne force and effect as if such received by the Trustee. Successor had been originally named as Trustee hereunder. Section 3.2. Advice of Counsel. The Trustee may consult with any If a successor is not appointed with sixty (60) days after the Trustee legal counsel with respect to the construction of this Agreement, its gives notice of its resignation pursuant to Section 6, 1., the Trustee may duties hereunder, or any act, which it proposes to take or omit, and shall apply to any court of competent jurisdiction for appointment of a not be liable for any action taken or omitted in good faith pursuant to successor. such advice. Section 6.4. Transfer of Funds to Successor. Upon the. esignatioAdoll, Section 3.3. Miscellaneous. The Trustee shall use ordinary care and removal of the Trustee and appointmient of a successor, and afte reasonable diligence, but shall not be liable for any mistake of judgment final account of the Trustee has been properly settled, the Trustee W�l or other action taken in good faith. The Trustee shall riot be liable for any transfer and deliver any of the Trust Funds involved to such successor. loss sustained by the Trust Funds by reasons of any investment made in ARTICLE Vil. Duration and Revocation of Trust Agreement. good faith and in accordance with the provisions of this Agreement. Section 7.1. Duration and Revocation. This Trust shall continue for The Trustee's duties and obligations shall be limited to those such time as may be necessary to accomplish the purpose for which it expressly imposed upon it by this Agreement. was created but may be terminated or revoked at any time by the ARTICLE IV. Taxes, Fxpenses and Compensation of Trustee. Employer as it relates to any and /or all related participating Employees. Section 4.1. T axes. The Trustee shall deduct from and charge against Written notice of such termination or revocation shall be given to the the Trust Funds any taxes on the Trust Funds or the income thereof or Trustee by the Employer. Upon termination or revocation of the Trust, which the Trustee is required to pay with respect to the interest of any all of the assets thereof shall return to and revert to the Employer. person therein. Termination of this Trust shall not, however, relieve the Employer of the Employer's continuing obligation to pay deferred compensation to Section 4.2. Expenses. The Trustee shall deduct from and charge Employees in accordance with the terms of the Plan. against the Trust Funds all reasonable expenses incurred by the Trustee Section 7.2. Amendment. The Employer shall have the right to amend in the administration of the Trust Funds, including counsel, agency, this Agreement in whole and in part but only with the Trustee's written investment adv and other necessary fees. consent. Any such amendment shall become effective upon (a) delivery AFITICLEV. Settlement of Accounts. - The Trustee shall keep accurate to the Trustee of a written instrument of amendment, and (b) the and detailed accounts of all investments, receipts, disbursements, and endorsement by the Trustee on such instrument of its consent thereto. other transactions hereunder. ARTICLE Vill. fAiscellaneOUS. Within ninety (90) days after the close of each fiscal year, the Trustee Section 8.1. Laws of the District of Columbia to Govern. This shall render in duplicate to the Employer an account of its acts and Agreement and the Trust hereby created shall be construed and transactions as Trustee hereunder. If any part of the Trust Fund shall be regulated by the laws of the District of Columbia. invested through the medium of anycornmon, collectiveor commingled Trust Funds, the !ast annual report of such Trust Funds shall be Section 8.2. Successor Employers. The "Employer" shall include any submitted with and incorporated in the account, person who succeeds the Employer and who thereby bccomes subiect If within ninety (90) (jays after the mailing of the account or any to the obligations of the Employer under the Plan. amended account the Employer has not filed with the Trustee notice of Section 8.3. Withdrawals. The Employer may, at any time, and from any ' , ny o1niection to any act or transaction of the Trustee, the account or time to time, w a portion or all of Trust Funds created by this amended account shall become an account stated. If any objection has Agreement. been filed, and if the Employer is satisfied that should be withdrawn or Section 8.4. Gender and Number. The masculine includes if the account is adjusted to the Employer's satisfaction, the Employer feminine and the singular includes the plural unless the context ,I "I ro shall in writing filed with the Trustee signify approval of the account and another meaning. it shall become an account stated. 2 Member introduced the following resolution and FL moved its adoption: RESOLUTION NO. RESOLUTION TO AUTHORIZE THE PURCHASE OF DATA PROCESSING EQUIP FOR THE PUBLIC UTILITIES DIVISION WHEREAS, the City Manager has recommended the purchase of certain data processing equipment for the use of the Public Utilities Division, and that it be paid for by the Public Utilities Fund; and WHEREAS, the City Council has concluded that the need for such equipment does exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The City Manager is hereby authorized to purchase the following data processing equipment through the Local Government Information Systems Association (LOGIS), a joint- powers local government consortium: (A) CRT Terminal, Printer, Cable and Buffer $ 2,405.00 (B) Micro - Processor, Dual -Disc Drive, and Printer . . . . . . . . . . . . . . . < . 5,824.00 (C) Software for Micro - Processor . . . . . . . 799.00 (D) Total . . . . . . . . . . . . . . . $ 9,028.00 2. The City Manager is hereby authorized to purchase said equipment from funds to be provided by 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: v DEPARTMENT CITY OF OF ROOKLYN FINANCE ENTER MEMORANDUM k TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: November 3, 1983 SUBJECT: REQUEST FOR AUT TO PURCHASE DATA PROCESSING SUPPORT EQUIPMENT FOR THE PUBLIC UTILITIES DIVISION Upon reviewing the current configuration of our support equipment for the Logis computer- assisted information processing system, I concluded that one piece of equipment should be up -dated and that there is a need for an additional piece of equipment. First, the terminal through which we enter all.of our data for water and sewer billing should be replaced. We are currently leasing a General Electric Terminet 300 terminal with printer from Tele - Terminals at a cost of $108.00 per month. We have had this terminal device since we went up on the system. It has now become practically obsolete and we will not be able to get maintenance on it much longer. It is my recommendation that we replace this terminal by purchasing, through Logis, the following equipment at the cost shown: Direct CRT Display Terminal . . . . . . $1,890.00'' OKI -Micro 82 A Printer . . . . . . . . 380.00 Cable and Buffer . . . . . . . . . . . 135.00 Total Cost . . . . . . . . . . . $ 2,405.00 This terminal would enable us to increase our transmission speed, use a screen format and ensure continued maintenance. I have attached a copy of a memorandum from Ted Willard of Logis concerning the replacement. Secondly, it became apparent to both you and I during the budget process that there was a real need for an additional micro- processor to be available full -time in the Finance Department. Currently, we are sharing one processor between Administration, Finance, and Public Works. We are also using that as a micro - computer, an on -line terminal, and a word processor for the three departments. Needless to say, it is tied up eight hours per day and, unfortunately, seldom available, except for after- hours, for computer uses, such as making projections, making forecasts and problem solving applications. Because of time limitations, many word processing and computer applications that could more efficiently be done on the processor are still being done manually, or not at all. We explained the need for one additional processor when presenting the 1984 Budget and the Council did authorize its purchase. It was the intent, at the time the Budget was presented, to assign the v Memorandum to Gerald G. Splinter, City Manager Re: Data Processing Support Equipment November 3, 1983 Page Two present processor to the Administrative Office for their word processing use (and some limited computer use) and that Finance and Public Works would share the new processor for both their word processing and their computer needs. How- ever, since that time, it has become even more apparent that the micro - processor is a very efficient, multi- purpose tool, to be used as a word processor, small computer, and intelligent terminal, and when combined with the Logis central com- puters for big jobs, makes for an excellent computer - assisted information process - ing system. It is my recommendation that we should purchase an additional micro - processor this year. This purchase would allow the Finance Department and Public Utilities to have immediate, exclusive use of one processor for word processing and computer applications and allow the City Manager's office to continue sharing a processor with Public Works until the 1984 delivery of the budgeted processor. Upon that delivery, the City Manager's office would have exclusive use of a processor for word processing and limited computer use for the City Manager's staff. Finance and Public Utilities would then share their second processor with Public Works. Eventually, as more engineering applications are developed, Public Works will probably need their own processor. The good news is that Hewlett- Packard, the manufacturer of our Logis main -frame computers and our micro - processors, is now offering, until December 31, 1983, an up -dated version of the micro - processors that we now have at a 6% discount from list price. The new processor has twice the power of our current processors, many new features, and costs less than we paid for the current processors. It is my recommendation that we purchase, through Logis, the following additional equipment at the cost shown: Hewlett- Packard 150 Micro - Processor with dual disc drive . . . . . . . $3,755.00 Letter quality Diablo 630 Printer . . 2,069.00 Basic Software Program . . . . . . . . . 94.00 Visicalc II Software Program . . . . . . 235.00 ^" Word Processing Software Program 470.00 Total Cost . . . . . . . . . . . . . $ & 1423- All of the equipment I have recommended to be purchased is completely compatible with the Logis system. It is also my recommendation that all of the equipment be purchased from the Public Utilities Fund. The terminal is used almost exclusively by the Public Utilities Division and the processor will also be used by the division, although to a lesser extent. The Public Utilities Division.has not previously shared in the cost of a processor, although the processor is used for utility functions. v { Memorandum to Gerald G. Splinter, City Manager Re: Data Processing Support Equipment November 3, 1983 Page Three I have attached a resolution, which, if adopted by the City Council, would authorize the purchase of the equipment I have recommended and would also authorize payment for the equipment from the Public Utilities Fund. Respectfully submitted, Paul W. Holmlund PWH:ps Enclosures: 2 Y . MEMORANDUM [j U3 j 5I _ TO: Paul Holmlund,- Brooklyn Center DATE: November 3, 1983 FROM: Ted Willard SUBJECT REPLACEMENT OF UTILITY BILLING TERMINAL Introdu The purpose of this memorandum is to recommend replacement of Brooklyn Center's leased terminet 300 terminal used for the Utility Billing operation with a Direct 825P terminal and an OKI- MICRO82 printer at a total estimated cost of approximately $2,450. Backgro Brooklyn Center has been leasing a GE Terminet 300 printing terminal for a number of years for use by the Utility Billing Clerk. Because of the characteristics of that function, the 30 cps printing terminal has served satisfactorily. However, we were recently notified by Teleterminals, from whom the Terminet is leased, that the device is obsolete and will no longer be supported after January 1, 1984. Accordingly, we must either purchase it outright or replace it with an alternative machine. Discuss In responding to your request for a recommendation for a terminal for the Utility Billing Clerk, we have reviewed the options, have had the Utility Billing Clerk from Brooklyn Center try several models and, based on our understanding of the requirements and the responses of the Brooklyn Center Utility Billing Clerk, we are prepared to make a recommendation. It is recommended that you purchase the following: Direct 825P Video Display Terminal .............$1,890.00 OKI- MICRO82A 120 CPS Dot Matrix Bi- Directional Printer....................... R80.00 Cable for Printer.......... 30.00 Installation (approximately)............ ... 50.00 This terminal is equipped with 4K of display memory, is switch able from 30 cps to 240 cps in communicating speed, and can be used with the central system for screen format applications. In addition, it is equipped with a green display screen which some operators find less fatiguing than other styles. In addition to the above, based on what we encounter during installation, it may be necessary to provide supplemental buffer capacity for the printer at a cost of $106.00. T / e LOCAL GOVERNMENT INFORMATION SYSTEMS ASSOCIATION . 6820E Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, (612) 566 -0050 et a y ; MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION''' OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 20, 1983 CITY HALL CALL TO ORDER Th�anning Commission met in regular session and was called to order by Chairman George Lucht at 7:51 p.m. ROLL CALL Chairman George Lucht, Commissioners Mary Simmons, Nancy Manson and Carl Sandstrom. Also present were Director of Planning and Inspection Ronald Warren, Assistant City Engineer James Grube, and Planning Assistant Gary Shailcross. Chairman Lucht ex- plained that Commissioners Mialecki, Ainas and Versteeg had all called to say they would be unable to attend the evening's meeting and were excused. APPROVAL OF MINUTES - SEPTEMBER 15, 1983 Motion by Commissioner Sandstrom seconded by Commissioner Simmons to approve the minutes of the September 15, 1983 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Simmons, and Sandstrom. Not voting: Commissioner Manson. The motion passed. APPLICATION NO. 83653 (Bradley Kmetz) Fo loviing the Chairman s exp anation, the Secretary introduced the first item of business, a request for a variance from the Subdivision Ordinance to allow sub - division of property by a metes and bounds description. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Appli- cation No. 83053 attached). Chairman Lucht asked the applicant whether he had anything to add. Mr. Kmetz stated that he had nothing to add. PUBLIC HEARING (Application No. 83053) Chairman Lucht then opened the meeting for a public hearing and asked whether any - one present wished to speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Manson to close the public hearing. The motion passed. Commissioner Manson asked whether all the parties involved were in favor of the proposed subdivision. The Secretary responded in the affirmative and stated that there was agreem between the parties for the transfer of land. (Or. Gene Loftus of 5300 Perry Avenue North stated that he would like to see a time limit placed on the final transfer of land. He stated that the transfer had been in process for about three years and that he was getting impatient. The Secretary explained that the Planning Commission Application would go to the City Council on November 7. The Secretary asked Mr. Loftus what deadline he would sug- gest for completion of the subdivision. Mr. Loftus suggested that the matter be completed by January 1, 1934. The Secretary explained that if, the subdivision were not completed by an agreed upon date, the City would have to pursue the removal of the garage as a zoning violation. The Secretary asked the applicant 10 -20 -83 -1- what his intent was regarding filing the proposed metes and bounds subdivision. Mr. Kmetz answered that the ;previous owner must pay for the exchange of land since he was the one who erected the garage improperly. Commissioner Sandstrom stated that he doubted the subdivision could be properly completed by January 1, 1984. Commissioner Simmons expressed concern that Mr. Kmetz had been caught in a prodicdfiient because of the actions of the previous owner. There followed a lengthy discussion regarding the appropriate time when the new subdivision should be commpleted. Commissioner Simmons recommended a deadline of June 1, 1984. Mr. Loftus said that such a deadline was acceptable to him. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83053 (Bradley Kmetz) Motion by Commissioner Simmons seconded by Commissioner Manson to recommend approval of Application No. 83053, subject to the new metes and bounds subdivision being filed at the County no later than June 1, 1984. Voting in favor: Chairman Lucht, Commissioners Simmons, Manson and Sandstrom. Voting against: none. The motion passed. APPLICATION NOS. 83051 and 83052 (Normandale Tennis Clubs, Inc.) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct a racket and swim club on 7.4 acres of land at the southeast corner of Lakebreeze and Azelia Avenues. He also introduced a request for preliminary plat approval to combine into a single parcel of land three lots and two sections of right -of -way comprising the 7.4 acres at the southeast corner of Lakebreeze and Axelia Avenues. The Secretary reviewed the contents of the staff reports (See Planning Commission Information Sheets for Application Nos. 83051 and 83052 attached). Commissioner Simmons stated that the idea of a parking ramp so close to residential property was hard for her to accept. The Secretary explained that the parking ramp would be a one level parking ramp that was roughly on grade with the level of Lake - breeze and Azelia Avenues. He stated that screening of such a ramp would be very similar to screening a regular parking lot. The Secretary recommended that the Commission set the amount of parking that it felt was necessary for the proposed use and stipulate a condition that the parking ramp would be installed under the terms of a written agreement if parking problems arose. Commissioner Simmons stated that if she were a neighbor she would feel nervous about a parking ramp being built across the street. Chairman Lucht stated that the option to a parking ramp was to blacktop more land area. Commissioner Simmons responded that there was also the option of taking out some of the tennis courts. The Planning Assistant explained that the proposed parking lot would be fairly similar to the parking ramp at the Brookdale Towers Office Building in that it would be fairly close to the grade of the surrounding street. The Secretary further ex- plained that there would be no roof over the parking ramp, that it would simply be a structure placed over the sunken parking lot that cars could park on and would be roughly at the level of Azelia and Lakebreeze Avenues. Chairman Lucht stated that he felt a parking ramp was a better use of space and added that he felt that there would be no problem screening such a ramp. Commissioner Simmons accepted this ex- planation as correcting her understanding of the ramp. Chairman Lucht then called on the applicant to speak. Mr. Allen Kimpell of H. W. Fridlund Architects, representing Normandale Tennis Clubs, Inc. showed the Commis- sion a drawing of the-site and how a parking ramp would relate to the site and to surrounding grades. He compared the number of stalls proposed for this racket and swim club with other establishments built and run by Normandale Clubs, Inc. He stated that the owner was as concerned about parking problems as the City, if not more so. 10 -20 -83 -2- Commissioner Simmons asked how the parking ramp would be screened. Mr. Kimpell r answered that the screening could be installed at grade because the parking ramp would not be much above the level of Azelia Avenue. He added that the parking proposed for the site should be adequate. He added that there had been no parking problems at the other club sites run by the Normandale Tennis Clubs, Inc. Commissioner Sandstrom noted that the Northwest Club in St. Louis Park has 312 parking spaces. Mr. Kimpell acknowledged this, but pointed out that the Northwest Club has more courts than are being proposed in this case. He stated that a better comparison would be with the Burnsville facility which has a similar ratio of parking per court and has had no parking problems. Commissioner Simmons asked whether other areas of the club besides racket ball and tennis are growing in use. Mr. Kimpell responded in the affirmative, but noted that it would be impossible to expand the proposed building to accommodate more of these uses in the future. In response to a question from Commissioner Manson regarding the jogging track, Mr. Kimpell stated that it is a larger running track and there will be a larger pool at this facility. He stated that the larger sized facilities were in response to the desires of club members and would not necessarily mean more people using the facilities. He stated that it was very difficult to calculate parking for building such as the one proposed. He stated that Normandale Tennis Clubs have found that it is easiest to relate parking demand to the number of courts. He concluded by saying that the applicant wishes the Planning Commission to take action on the matter at this evening's meeting because of the need for soil preparation at the site. Chairman Lucht clarified that the preliminary plat could not be acted on at this meeting. Commissioner Manson asked Mr. Kimpell if he understood the requirement for under- ground irrigation in all landscaped areas. Mr. Kimpell responded in the affirma- tive and stated that underground irrigation has been installed at all the other clubs. In response to a question from Chairman Lucht regarding the placement of a fence along the west side of the property south of Azelia Avenue, Mr. Kimpell stated that the applicant would install a fence if that is what the residents prefer. Commissioner Sandstrom asked whether the applicant would be willing to build a parking ramp if it became necessary. Mr. Kimpell responded in the affirmative. Chairman Lucht noted that if the need for a ramp arises, business will probably be good enough to afford the additional investment. Chairman Lucht stated that his experience at similar clubs has been that more and more people are using the "amenities" in addition to the courts. He stated that, during the times he has been to the Northwest Racket and Swim Club, the lot has generally been full. Mr. Kimpell pointed out that the Northwest Club has recently had an addition and now has additional parking also. PUBLIC HEARING (Application No. 83051) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. Mr. Darrell Wilson of 4100 Lakeside Avenue asked how late the club would stay open. Mr. Kimpell explained that there would be no lights for the tennis courts and that they would shut down at sundown during the summer. Regarding the Indiana access at Highway 100, Mr. Wilson noted that there were plans at one time to connect Lakeside with Lakebreeze and eliminate the Indiana access. The Secretary answered that there are no plans by the MN /DOT to do away with signals at Indiana Avenue and close this intersection. He stated that residents in- Robbinsdale are dependent on the signal at Indiana to get out onto Highway 100. Mr. Wilson pointed out that Robbinsdale has been expanding in the area south of Ryan Creek and that a bridge could be built to connect the area north of Ryan Creek with France Avenue. The Assistant City Engineer stated that he had sent a copy of the proposed plans to the MN /DOT, but that no comments have yet been received. Mr. Wilson stated that he had no opposition to the proposed use, that he thought it was great. The Secretary stated that staff have been concerned about the effect of this development on any possible plans to link 10 -20 -83 -3- Lakeside with Lakebreeze Avenue, but he added that the understanding of staff is that the Highway Department has no plans to remove the Indiana /Highway 100 intersection. Mr. Ulysses Boyd of 4807 Azelia Avenue North asked whether the main traffic to the club would be down Lakebreeze Avenue. The Secretary responded in the affirma- tive. Mr. Boyd expressed a concern that there might not be enough parking for the club if people stick around after playing tennis. Mr. Kimpell answered that the amount of parking proposed is similar to the amount per court installed at other clubs. He stated there have been no parking problems at these other clubs, but that the applicant would put in a parking ramp if a parking problem arose. Mr. Boyd asked whether the no- parking signs on Azelia would remain after the club was in business. Chairman Lucht responded in the affirmative. Mr. Boyd asked whether the trees would be inside or outside the fence along Azelia. Mr. Kimpell explained that there would be no fence along Azelia, but that the screening would be ac- complished with landscaping. Mr. Boyd asked what the hours of operation would be. Mr. Marvin Wolfenson of Normandale Tennis Clubs, Inc. stated the hours would be from 7:00 a.m. to midnight. Mr. Boyd asked whether the parking ramp would have a cover. Mr. Kimpell stated there would be no cover to the ramp and that the ramp would only be installed if there were a parking problem. Mr. Kevin Boyd of 4819 Azelia Avenue North asked to be shown where the entrance to the parking lot would be. Mr. Kimpell pointed it out on the overhead transparency. Mr. Kevin Boyd explained that there was a storm sewer problem in that area, that a few years ago, water would pond around one of the catch basins in Lakebreeze Avenue. The Assistant City Engineer stated that he had not been aware of the previous drainage problem, since it probably existed before he came to the City. He ex- plained that the tennis club would only be allowed to drain a small amount of water into the City storm sewer in Lakebreeze Avenue. Mr. Darrell Wilson asked where the drainage would go if not into the storm sewer. Mr. Alan Kimpell explained that he had talked to people at MN /DOT and that they have stated they would let the drainage go into the Highway 100 right -of -way and on into Robbinsdale. Mr. Kevin Boyd stated that the sound from the blowers at the Minneapolis Tennis Club is fairly loud and expressed concern that there would be a noise problem at this club also. Mr. Kimpell explained that the blowers at the Minneapolis Tennis Club are older units that are louder and that the ones employed here would be quieter. Mr. Kevin Boyd wondered how many people would be coming to the site if there were a tennis tournament. Mr. Wolfenson answered that tournaments do generate additional parking, but, he added, that he has never experienced a parking problem at his other sites as a result of a tournament. He stated that, if necessary, he would borrow parking from neighboring sites at appropriate times. In answer to a question from Mr. Kevin Boyd regarding rearranging the site to put the building on the west side of the property, Mr. Wolfenson stated that he did not think it would be beneficial to the neighborhood for the building to be close to Azelia Avenue. He also stated that, from a marketing standpoint, he would prefer if the building were closer to Highway 100. Mr. Kevin Boyd also expressed concern about young children in the neighborhood and wondered whether any additional warning signs would be put up as a I result of this establishment coming in. The Assistant City Engineer answered that the posting of the street with any warning signs would come as a result of a review by the Traffic Advisory Committee. He stated that he would prefer not to require such signery as a condition of this particular application. He also recommended that residents in the neighborhood contact the Traffic Advisory Committee if they have concerns about the level of traffic in the area. There followed a lengthy discussion among the Planning Commission regarding the parking requirement to be applied to the proposed use. Commissioner Manson stated that she didn't think it would be necessary to amend the ordinance, but use the 10 -20 -83 -4- section which gives the Council the right to make a determination as to what is the proper amount of parking. She stated that she did not feel 240 parking spaces was adequate. The Secretary explained that the ordinance requires the City Council to choose one of the formulas already in the ordinance, the formula for the use most similar to the proposed use. He explained that the Council could not simply_ 0 pick a number out of the air. He stated that an ordinance change would be necessary unless the Council decides that 440 parking spaces should be required. Chairman Lucht pointed to the example of the Northwest Racket and Swim Club in St. Louis Park and stated that he felt that the formula used in St. Louis Park seemed to have worked over the years. The Secretary explained that most parking formulas in the Zoning Ordinance are based on building area. He recommended that the Commission, if it accepted the St. Louis Park formula, add something for the outside tennis courts as well. Commissioner Simmons asked whether the ramp would be required immediately or whether it would be acknowledged as a proof -of- parking. The Secretary stated that staff would recommend that it be considered a proof -of- parking, but that the Com- mission should decide that question before making its recommendation. The Secretary also pointed out that the applicant could be required to put in only a partial ramp now or in the future. He also pointed out the possibility that the applicant could abandon the concept of a parking ramp and choose instead to acquire additional land for parking if it were necessary. Commissioner Sandstrom stated that a longer running track does not necessarily bring in more people. He stated that the parking issue should be resolved immediately rather than leaving open future problems. Chairman Lucht stated that it was necessary to revise the ordinance in case another tennis club should come into the City. Commissioner Sandstrom asked how the City could be sure of any particular formula. The Secretary answered that it was necessary to decide on an estimated parking need for a given use. He stated that these formulas are usually designed to meet something less than the maximum possible use. The Secretary also pointed out that parking requirements serve as a density control. Commissioner Simmons stated that the Commission seems to agree on the general number of parking stalls that are needed for the proposed use, but it remains to put the compromise number into ordinance form. Chairman Lucht suggested that the Commission direct staff to prepare an ordinance amendment for action at the next Planning Com- mission meeting. By consensus, it was agreed that the formula should be: 20 spaces for the first 1,000 sq. ft. of gross floor area, plus one space for each 300 sq. ft. above 1,000 sq. ft., plus two spaces per outside court. Chairman Lucht raised the issue of the required 8' high opaque fence along the westerly side of the site south of Azelia. He asked Mr. Wilson what he would favor for a screening device: a fence or landscaping. Mr. Wilson stated that he would favor landscaping himself, but that he was not certain whether the neighbor immediate- ly to the west would also favor landscaping. Chairman Lucht, Commissioners Manson and Sandstrom stated that they preferred landscaping also. Commissioner Simmons stated that she preferred a fence. Chairman Lucht noted that there were evergreens existing in that area at present and that the plan calls for more evergreens and honeysuckle. ACTION RECOMMENDING CONTINUATIO OF P UBLI C HEARING (Appl ication No. 83051) Motion by Commissioner Simmons seconded by Commissioner Manson to continue the public hearing on Application No. 83051 until the November 10, 1983 Planning Com- mission meeting. The motion passed unanimously. A CTION TABLING APPLICATION N0. 83051 (Nor Tennis Club Inc. Motion by Commissioner Sandstrom seconded by Commissioner Manson to table Appli- cation No. 83051 and to direct the applicant to prepare plans showing a parking ramp and directing staff to obtain a response from the MN /DOT regarding the 10 -20 -83 -5- e proposed use and to prepare an ordinance amendment requiring parking for the racket and swim club by the November 10, 1933 Planning Commission meeting. Voting in favor: Chairman Lucht, Commissioners Simmons, Manson and Sandstrom. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Manson seconded by Commissioner Simmons to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:14 p.m. Chairman Planning Commission Information Sheet Application No. 83053 Applicant: Brad Kmetz Location: 63G6 Perry Avenue North Request: Variance The applicant requests a variance from the Subdivision Ordinance to subdivide property by metes and bounds, rather than by formal plat. The properties in question are located at the northeast corner of 63rd Avenue North and Perry Avenue North and are presently described as Lots 18, 19 and 20, Block 3, Bergstrom's Lynside Manor Addition. The land in question is zoned RI and is bounded by 63rd Avenue North on the south, by Perry Avenue North on the west, and by single- family homes on the north and east. The new subdivision will not create any additional lots, but will change the common boundary between the property at 6306 Perry Ave - nue North (the Kmetz residence) and the properties at 6300 Perry Avenue North and 4810 63rd Avenue North. It will also change the common boundary between 6300 Perry Avenue North and 4810 63rd Avenue North. The reason for the resubdivision among the three lots is that the detached garage for 6306 Perry Avenue North straddles the existing south property line and extends approximately 6' into the lot at 6300 Perry Avenue North. The new property line will establish a 4.08' side yard setback for the garage, about one foot more than required. The new property line is parallel to the south side of the garage which is not perpendicular to the street. The new south property line is only 1.59' south of the existing line at the front of the lot, but is 17.48' south at the back. Another reason for the resubdivision is that a fence presently exists inside the lot at 4810 63rd which has essentially been treated as the common boundary between 4810 63rd and 6300 Perry. The new property line would be 6" east of that fence. It intersects the south line of 6306 Perry 15' east of the existing line, transfer- ing a wedge - shaped piece of land to 6300 Perry (see survey attached). Presently, there is a drainage and utility easement along the south and east lines of the property at 6306 Perry. The easement along the south line will be relocated southward so that it covers the area 3' north of this line to about 5' to 7.5' south of the line along its entire length. The City will vacate the portion of the old easement not included in this area. The parcels resulting from the metes and bounds subdivision are designated Parcel A (6300 Perry), Parcel B (4810 63rd) and Parcel C (6306 Perry). However, the resubdivision is not a formal plat and has no name. Subdivisions by metes and bounds have generally been allowed by variance as long as no new lot is being created and the underlying legal description is platted. Both those conditions are met in this case. Also, the proposed subdivision eliminates a nonconforming situation relative to the garage at 6306 Perry Avenue North. In fact, the swap of land allows Parcel A (6300 Perry) to increase slightly in size so that it now will meet the area requirement for a corner lot of 10,5GO sq. ft. In general, the proposed division appears to be in order and approval is recommended. 10 -20 -83 Planning Commission Information Sheet Application No. 83051 Applicant: Normandale Tennis Clubs, Inc. Location: Southeast corner of Lakebreeze and Azelia Avenues North Request: Site and Building Plan /Special Use The applicant requests site and building plan and special use permit approval to construct a racket and swim club on the 7.38 acre area of land at the southeast corner of Lakebreeze and Azelia Avenues North. The land in question consists of three parcels zoned C2 and two tracts of right -of -way which are bounded by Lake- breeze Avenue on the north, by Denny's Restaurant and Highway 100 on the east, by excess Highway 100 right -of -way on the south, and by a single- family residence (in an R -2 zone) and Azelia Avenue on the west. Racket and swim clubs are clas- sified as a special use in the C2 zoning district. All access to the site would be via a single opening off Lakebreeze Avenue North. The proposed use consists of a three level building (88,288 sq. ft. of gross floor area) containing 14 racketball courts, a swimming pool, running track, fitness room, nautilus, locker rooms, party room, lounge and nursery. Also proposed are 12 outdoor tennis courts which will be covered approximately 8 months out of the year with two air structures, approximately 125' x 275' and approximately 40' high. Section 35 -400 footnote 4 of the Zoning Ordinance requires that structures 22 storeys or more in height _must be set back no less than twice the height of the building when abutting the RI or R2 zone. In this case, the development does abut the R2 zone on the west. The northerly structure will be set back approxi- mately 74' and the southerly structure 55'. Staff regard these setbacks as adequate for two reasons: one is that the base of the structures will actually be sunken below the level of adjacent property by about 9' in the case of the northerly structure and.6' in the case of the southerly structure; secondly, the air structures are curved so that the maximum 40' height is not reached until a point that is another 60' away from the R2 zone. It, therefore, appears that the structures will always be at least twice the height of the building away. The principal building is set back 50' from Highway 100 as required by ordinance. Parking for the proposed use is difficult to calculate and is the key to acceptance of this application. The only remotely similar facility in the City, the Grecian Health Spa, has provided parking at the rate of one space per 200 sq. ft. of gross floor area. This is the formula in the ordinance for "other commercial uses excluding wholesale" (See section 35 -704 (h) attached). However, this formula would require 440 parking spaces in this case. The applicant proposes only 240 parking spaces based on a ratio of about 9 spaces per court (14 racketball and 12 tennis). The applicant notes that this amount is in keeping with similar facili- ties which have no parking problems. Staff are willing to accept the installation of only 240 parking stalls initially, but are uneasy about this number of spaces in the long run. We feel there should be proof -of- parking for additional stalls based either on potential occupancy of the building and the tennis courts, or on the office formula which requires less than one space /200 sq. ft. for larger build - ings. The potential occupancy of the building is 1462 persons based on the Build - ing Official's estimate. A requirement of 1 space per 4 potential occupants would be 366 spaces. (It is extremely unlikely that such an occupancy level would ever in fact be ra2lized nor if it were. -that any parking formula would be sufficient). Based on the office formula, the parking requirement would be 377 spaces. We have contacted a number of other cities regarding parking requirements for such uses. The only city which has a specific formula is St. Louis Park. Their formula is 20 spaces for the first 1000 sq. ft., plus one space /300 sq. ft. above 1000 sq. ft. 10 -20 -83 -1- Application No. 83051 continued s This formula would result in a parking requirement of 311 spaces. (Some additions for the outside tennis courts may be appropriate). St. Louis Park reports that the parking lot for the Northwest Racket and Swim Club is consistently pretty full. Staff recommend that the Commission choose some requirement among these. The landscape plan calls for 18 species of tree and shrub. The front greenstrip adjacent to Lakebreeze Avenue is to be planted alternately with Black Hills Spruce and Hackberry trees. Most parking lot islands and delineators will have either Imperial Locusts or Sunburst Locusts. The plan also calls for a number of other shade trees around the site (there are 64 trees of 212" diameter variety total), including Red Maple, Western Catalpa, River Birch, Weeping Willow, and Summit Ash. There are 216 Zabel Honeysuckle scheduled primarily along the west, south, and east greenstrip areas, serving as a screening device along the west side of the site. In addition, there are a number of large existing trees on the west side of the site, south of Azelia Avenue. Finally, there are over l00 Bar Harbor Juniper and over 100 Smooth Sumac located primarily in areas close to the building, especially in the large green area between the building and Highway 100. No underground irrigation has been noted on the plans received. underground irri- gation is required by ordinance in all landscaped areas in commercial and indus- trial developments. Section 35 -412 Subsection 3 requires a protective strip of 35' and an opaque fence or wall at least 8' in height when C2 uses abut an Rl, R2, or R3 district at a property line. No such fence is proposed in the area south of Azelia ad. - 'acent to the R2 zone. The applicant prefers to use vegetative screening to accomplish the purpose of the ordinance requirement. If the Commission accepts this method of screening, it should specifically acknowledge such in a condition of approval. Staff would recommend, however, that the 8' high fence be required of this development unless reaction from the neighbors is decidedly negative. Screening of the parking lot when abutting residential is also required. The ap- plicant proposes Zabel Honeysuckle at the level of Azelia Avenue which is about 10' above the west end of the parking lot. Staff regard this proposed treatment as adequate to meet ordinance requirements. The grading and drainage plan is fairly complicated: The entrance on the second level of the building is set at 868. The tennis courts to the west of the build - ing are sunken to the level of the first floor at 856'.The parking lot drops away from the building fairly steeply at a slope of 3% to 6% (this should be held to a maximum of 5 %). A retcining wall is to be placed along the south side of the park- ing lot to manage the drop in grade to the tennis courts. There is also a retain- ing wail proposed around the arrest end of the southerly group of tennis courts to handle the steep rise that occurs along the west side of the property. That rise comes from the tennis courts and parking lot at about 855' up to Azelia Avenue at about 865'. Not surprisingly a series of catch basins is proposed along the base of this rise to be connected by a single storm sewer line which connects with the storm sewer in Lakebreeze Avenue. Some drainage is proposed to wash out over the access drive to Lakebreeze Avenue. Staff recommend that these proposed grades be altered so that drainage breaks at the property line arid on -site drainage is conveyed via storm sewer to the City storm sewer in Lakebreeze. No water or sani- tary sevrer plans have yet been submitted.All parking and driving areas are to be bounded by B612 curb and gutter in accordance with Section 35 -710. The building exterior is to be primarily face brick on the entry level and half the lower level. Pre - finished insulated metal panels on steel studs are indicated on the upper level. Solar reflective glass block is proposed at the corners of the upper level and east of the main entrance. Poured concrete columns, 24" in diameter are to be located at the corners of the building. Solar gray thermopane windows with anodized aluminum frames are to be placed along the west wall for viewing into the northerly tennis court area. Large windows are also shown on 10 -20 -83 -2- Application No. 63051 continued the south wall to let light into the swimming pool area. There will be a deck on the upper level and a courtyard at ground level at the southwest corner of the building. Parking lot lighting will be provided with 250 metalbalide lamps on poles of 15' and 25'. The 15' high poles are at the east end of the lot (which is higher) and along the front greenstrip. The 25' high poles are proposed in the lower west end of the parking lot. Regarding the Standards for Special Use Permits (attached), the applicant's representative has submitted a letter (also attached) in which he states that the standards are met. He states that the development will be beneficial to the com- munity, that surrounding properties will appreciate in value as a result of the presence of the club. He also states that the proposed use is less intense than many others that are permitted in the C2 zoning district. He concludes by saying that the parking provided will be adequate and all traffic will enter the site off Lakebreeze Avenue at a point about 330' east of Azelia Avenue. Staff do not argue with most of these points. Our main concern is over parking. Most likely, the 240 stalls provided will be adequate for at least the first year or two. But, as membership in the club increases and group lessons in tennis and aerobics attract more people, there may be a demand for additional stalls. Onw place to provide these stalls, if the proposed plan is built, is in a 50' wide landscaped area south of the southerly group of tennis courts and /or in the excess highway right -of -way south of the site. If parking were to be provided in the highway right -of -way area, permission of MN /DOT would of course be required; a special use permit for off -site accessory parking would have to be granted; and the parking lot would have to be screened from the highway as viell as from neigh- boring residences. The other option is a parking ramp above the west end of the proposed parking lot. Providing parking along the south portion of the site or south of the site is not ideal since patrons will have to walk around the building to reach the front entrance. This parking area would probably be used least and, when not used by club members, it might be used by people wishing to swim at Twin Lake. Access to such a parking area would be via Indiana Avenue although some cars might filter around through the residential neighborhood. Traffic coming in off Indiana would not pass any residences before reaching the lot. Staff, therefore, feel that such a parking lot would not have a negative impact on the neighborhood. The applicant has indicated to staff a willingness to build a parking ramp over the west end of the proposed parking lot as a means to arrive at the total number of stalls required by the City (whatever number is arrived at). The applicant has also expressed a willingness to enter into a formal written agreement, to be drafted by the City Attorney, requiring the installation of such a parking ramp upon a determination by the City that additional stalls are necessary. This written agreement would be filed with the plat at the County. Such a ramp would probably be a single level and would have to be appropriately screened from the residential area to the west. The only other options to providing a proof -of- parking area on the south edge of the site or south of the site area: 1) shrink the building; 2) eliminate some tennis courts; or 3) accept the proposed 240 parking stalls as sufficient. Staff are not certain that more parking is immediately needed; however, we feel the last option is not prudent in the long run. Based on the foregoing, we recommend that the Commission table the application and direct the applicant to prepare an alternate plan providing a proof -of- parking for an appropriate number of parking stalls. We also ask that the Commission give direction to staff regarding what it feels the appropriate numbers of parking stalls is for this use. If the Commission is satisfied that an agreeable solution is reached at Thursday's meeting, we will be prepared to offer suggested conditions of approval. 10 -20 -83 -3- Planning Commission Information Sheet Application No. 83052 Applicant: Normandale Tennis Clubs, Inc. Location: Southeast corner of Lakebreeze and Azelia Avenues North Request: Preliminary Plat The applicant requests preliminary plat approval to combine into a single parcel the land bounded by Lakebreeze Avenue on the north, by Denny's Restaurant on the east and north, by Highway 100 right -of -way on the southeast and south, and by,a single- family residence and Azelia on the west. This area presently consists of Lot 2, Block 1 and Lot 1, Block 2 of Dale and Davies 2nd Addition and a large parcel described by metes and bounds south of Dale and Davies 2nd Addition and Azelia Avenue. It also includes a 338' section of Grimes Avenue right -of -way and a 250' section of Lakeside Avenue right -of -way for a half street, east of Indiana Avenue. The area is all zoned C2 and is being combined in accordance with Section 35 -540 to accommodate a single use as a racket and swim club (see Appli- cation No. 83051). The proposed plat requires the vacation of the Grimes and a portion of Lakeside Avenuesright -of -way. It will also require the dedicating of a small area of right - of -way for a hammerhead turnaround at the south end of Azelia Avenue. There appears to be a need for an easement at the extreme east end of the property where a storm sewer line from the Denny's Restaurant site drains toward the Highway 100 right -of -way. The measurements for the south and southeast property lines are not exact at this time and will have to be verified prior to City Council approval. Because of what appears to be a foul -up by the Post Office, the legal publication for this plat did not arrive in time for publication a week prior to this meeting. No public hearing can be held, therefore. The plat application will have to be tabled until the November 10, 1983 meeting. 0 10 -20 -83 °