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HomeMy WebLinkAbout1984 03-26 CCP Regular Session auy\ CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MARCH 26, 1984 7:00 P.M. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion.' There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. Approval of Minutes - March 12, 1984 ` 7. Mayoral Appointments to Advisory Commissions 8. Resolutions: a. Approving Agreement with Orr- Schelen and Associates, Inc. for Architectural /Engineering Services in the Design of Evergreen Park and Well House No. 4 Improvements -This resolution provides for consulting services necessary in the design of the Evergreen soccer field lighting system, design of a well house over the City's Well No. - 4, including electrical service revisions, and landscape architectural design of the Evergreen Park/School area. b. Approving Agreement No. 62065 with the Minnesota Department of Transportation and Authorizing the Mayor and City Manager to Execute Said Agreement. -This agreement provides for the adjustment of manhole and gate valve castings in conjunction with the resurfacing of Brooklyn Boulevard between 68th Avenue and the north City limits. c. Approving,; the Participation of the City of Brooklyn Center in a Joint and Cooperative Agreement for the Establishment of a Shingle Creek Watershed Management Commission to Plan, Control, and Provide for the Development of Shingle Creek and Authorizing Execution of the Agreement by the Proper City Officers, d. Approving the Participation of the City of Brooklyn Center in a Joint and Cooperative Agreement for the Establishment of a West Mississippi Watershed Management mission to Plan, Control, and Provide for the Development of West Copper Mississippi and Authorizing Execution of the Agreement by the Proper City Officers. e. Approving the Private Sale of One Parcel of Tax Forfeited Land on Classification List 0664 -NC CITY COU14CIL AGENDA -2- March 26, 1984 9. Planning Commission Items: (7:30 p.m.) a. Planning Commission Application No. 84004 submitted by Oliver Stoutland for special use permit approval to conduct a drafting business in the basement of the home at 3118 Lawrence Road involving one nonresident employee. The Planning Commission recommended approval of Application No. 84004 at its March 1, 1984 meeting . At the request ` of the applicant, consideration of Application No. 84004 was deferred from the March 12, 1984 City Council meeting to this evening I s meeting. b. Planning Commission Application No. 84005 submitted by Oliver Stoutland for a variance from Section 35 -406 of the Zoning Ordinance to allow up to three nonresident employees in the home occupation being sought under Application No 84004 The Planning Commission recommended denial of Application No. 84005 at its March 1,- 1984 meeting. At the request of the applicant, consideration of Application No. 84005 was deferred at the March 12, 1984 City Council ` meeting to this evening's meeting. c. Planning Commission. Application No.. 84006 submitted by Brookpark Dental Center for an appeal from- a ruling by' Planning staff not to accept a site and building plan proposal involving access to a commercial establishment through residential property. The Planning Commission recommended denial of Application No. 84006 at its March 15, 1984 meeting. The applicant has requested that consideration of Application No. 84006 be deferred until the April 9, 1984 Council meeting. 10. Public Hearings (8:00 p.m.) a. Improvement Hearing for Street Improvement Project No. 1984 -03 (Street_ Widening and Curb and'Gutter Installation along Halifax and 70th Avenues for the Purpose of Parking Lane Construction Adjacent to St. Alphonsus Catholic Church) - Notice of the hearing has been published in the official paper and affected property owners have been notified by mail 1. Resolution Ordering Improvement Project No. 1984 -03 and Authorizing Preparations of Plans and Specifications for Improvement. Project No. 1984 -03 b. Improvement Hearing for Street Improvement Project No. 1984 -04 (Shingle Creek Parkway Turnlane Reconstruction) - Notice of the hearing has been published in the official paper and affected property owners have been notified by mail. 1. Resolution Ordering Improvement Project No. 1984 -04 and Authorizing Preparation of Plans and Specifications for Improvement Project No. 1984 -04 2. Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Street Improvement Projects No. 1984 -03 and No. 1984 -04 (Contract 1984 -C) CITY COUNCIL AGENDA -3- March 26, 1984 e. Improvement Hearing for Lift Station Improvement Project No. 1984 -05 (Lift Station Improvement to Serve Ramada Hotel and Adjacent Site) - Notice of the hearing has been published in the official newspaper and affected property owners have been notified by mail. 1. Resolution Ordering Improvement Project No. ' 1984 -05 and Preparation of Plans and Specifications for Improvement Project No 1984 -05 11. Ordinances• a. An Ordinance Amending the Brooklyn Center City Charter This ordinance was approved for a first reading on February 27, 1984, published on March 8, 1984 and is recommended for a second reading this evening. A public hearing has been scheduled for 8:00 p.m. b. An Ordinance Amending Chapter 35 of the City Ordinances Classifying` Certain Land as being within the R3 Zoning District -This ordinance was approved for a first reading on February 27, 1984 , published on March 8, 1984. A public hearing on the ordinance has been scheduled for 8:15 p.m. It is recommended that consideration of the ordinance be deferred until the April 9., 1984 Council meeting since the final plat has-not yet been filed. c. An Ordinance Amending the City Ordinances Regarding Gambling Licenses -This ordinance is offered for a.first reading 12. Discussion Items: a. Tennis Courts in Central Park b. City Attorney's Opinion Regarding Speed Limits on 69th Avenue North e. Liability Insurance for Engineers d. Mayor's Report on League of Minnesota Cities State Aid Committee *13. Licenses 14. Adjournment v MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL 'OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA, REGULAR SESSION MARCH 12, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular Session and was called to order by Mayor Dean Nyquist at 7 :15 p.m: ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & "Inspection Ron Warren, , City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGEFDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested items 8b and 8c removed from the Consent Agenda, and the City Manager requested that item 8d be removed from the agenda and considered at the next regularly scheduled Council meeting,. APPROVAL OF MINUTES - FEBRUARY 27, 1984 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of February 27, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO`. 84 -29 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING. CONTRACT FOR CONTRACT 1984 -A (DISEASED SHADE TREE REMOVAL PROJECT NO. 1984 -01) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist;, Gene Lhotka, Celia Scott, Bill Hawes, and ,Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -30 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZING PURCHASE OF PARK IDENTIFICATION SIGNS 3 -12 -84 -1- r The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist_, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -31 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR ONE (1) 7 -GANG TRACTOR MOWER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor. thereof Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared' duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Alano Society 4938 Brooklyn Blvd. American Bakeries 4215 69th Ave. N. Bakers Square 5601 Xerxes Ave. N. Baskin Robbins - 31 Flavors Brookdale Ctr. Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brookdale Covenant Church 5139 Brooklyn Blvd. B.C. American Little League 6800 France ,Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave N. Brooklyn Center Country Boy 4401 69th Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Burger King 6110 Brooklyn Blvd. CEAP 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Cross of Glory Church 5929 Brooklyn Blvd. Dukes Standard 6501 Humboldt Ave. N. Evergreen Park School 7020 Dupont Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. Faith Community Church of God 6630 Colfax Ave. N. Fanny Farmer Candy Shops, Inc. Brookdale Ctr. Fisher Food Products 6800 Shingle Cr. Pkwy. Garden City School 3501 65th Ave. N. Happy Dragon Restaurant 5532 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave. N. Hickory Farms Brookdale Gtr. Holiday Inn . 1501 Freeway Blvd. Jerry's Super Value 5801 Xerxes Ave. N. K -Mart 3600 63rd Ave. N. Kentucky Fried Chicken 5512 Brooklyn Blvd. Little Brooklyn 6219 Brooklyn Blvd. Los Primos Brookdale Ctr. 3 -12 -84 -2 Chuck Muer's 2101 Freeway Blvd. Northbrook Alliance Church 6240 Aldrich Ave Num .Num Foods, Inc. Brookdale Ctr. Orchard Lane School 6201 Noble Ave. N. Perkins Cake & Steak 5915 John Martin Dr. Plitt Brookdale Theater 2501 County Rd. 10 Red Lobster 7235 Brooklyn Blvd. Sears Brookdale Ctr.` Service Systems Soo Line Building Northwestern Bell 5910 Shingle Cr. Pkwy. -Uncle Bob's Quik 6 6600 W. River Road Winchell's Donut House 1912 57th Ave. N. SWIMMING POOL LICENSE Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Marvin Garden Townhouses 331 Second Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. SUBDIVISION BOND RELEASE - CIS014 ADDITION There was a motion by Couneilmember Lhotka and seconded by Councilmember Hawes to authorize the release of the performance deposit for Cison Addition in the amount of $400. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 84 -32 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING STREET IMPROVEMENT PROJECT NO. 1984 -04, AND CALLING FOR HEARING ON IMPROVEMENT PROJECT NO. 1984 -04 (SHINGLE CREEK PARKWAY TURN LANE CONSTRUCTION) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted RES OLUTION NO. 84 -33 Member Gene Lhotka introduced the following resolution and moved its adoption:' RESOLUTION RECEIVING ENGINEER'S REPORT ESTABLISHING LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05, AND CALLING FOR A HEARING ON IMPROVEMENT PROJECT NO. 1984 -05 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 3 -12 -84 -3- RESOLUTION NO. 84 - Member Celia Scott introduced the following resolution and moved its adoption with the condition that the reference to Parks Maintenance Division in the last paragraph of the resolution be changed to Street Maintenance Division; RESOLUTION AMENDING 1984 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS Mayor Nyquist announced that Planning Commission Application Nos. 84004 and 84005 submitted by Oliver Stoutland would be laid over to the next Council meeting at the request of the applicant. DISCUSSION ITEMS INSURANCE PRESENTATION The Director of Finance presented a brief presentation on the City's insurance coverages and Risk Management Program. He reviewed the various policies the City holds with the League of Minnesota Cities Insurance Trust Program, and pointed out that after the League of Minnesota Cities Insurance Trust Program started, insurance companies began to lower their premiums. The policies reviewed by the Director of Finance included the multi -parel policy, including property damage, general liability, crime, and public official's liability, business auto which covers all licensed vehicles, Worker's Compensation, special excess form policy which is excess coverage over $500,000, liquor liability offered through the Transcontinental Insurance Company, boiler and machinery policy provided by the Hartford Steam Boiler and Inspection Company and the umbrella policy. Councilmember Theis inquired whether the coverages included any police professional liability. The Director of Finance explained that the City does not carry a separate policy on police professional liability, but he pointed out the staff will be meeting with the City's underwriter and representatives from the police department to review this coverage. RECESS The Brooklyn Center City Council recessed at 8 :00 p.m. and reconvened at 8:15 p.m. MOTION TO TABLE CONSIDERATION OF PLANNING COMMISSION ITEMS UNTIL MARCH 26 MEETING There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to table consideration of Planning Commission Application Nos. 84004 and 84005 submitted by Oliver Stoutland until the regularly scheduled Council meeting of March 26, 1984, at the request of the applicant. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes', and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING FOR WATER MAIN IMPROVEMENT PROJECT NO. 1984 -02 (WATER MAIN INSTALLATI� OeALONG LEE MAJOR AVENUES BETWEEN 69TH AND 70TH AVENUES AND 70TH AVENUE BE TWEEN LEE AND MAJOR AVENUES The Director of Public Works explained that the water main project was initiated by a 3 - -4 petition requesting the construction of a water main along Lee, Major, and 70th Avenues North of 69th Avenue. Ile pointed out that of the properties affected by the project 14 out of the 24 are in favor of the project. The Director of Public Works proceeded to review the proposed financing, project costs, funding sources, and assessment rates for the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on Water Main Improvement Project -No. 1984 -02. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Charles Miller who stated that his company owns and operates the Willow Lane Apartments and is affected by the project. Mr. Miller questioned why the Willow Lane Apartments were being assessed and questioned whether they would receive any benefit from the project. He added that the Willow Lane Apartments already receive City water from Brooklyn Boulevard. The Director of Public Works explained that the property would benefit due to the substantial increase in fire protection of the property. Mayor Nyquist recognized Mr. Don Bornholdt, 6939 Lee Avenue North. Mr. Bornholdt stated he was in favor of the project, and he believed eventually the ground water in the area will be polluted so that municipal water will be necessary. Mayor Nyquist recognized Mr. Jim Smith, 6918 Major Avenue North who stated that he was not totally against the project but that he had just moved into the house two months ago and that the unexpected additional expense came as quite a shock to him. He inquired as to the tax increase related to the special assessment. The City Manager replied that the special assessment would not increase the taxes on the property. The Director of Public Works pointed out that the payment for the special assessment for the first year would be 1 /20th of $2,400 plus interest. Mayor Nyquist recognized June Ward, 6907 Lee Avenue North. Mrs. Ward had several questions about the project regarding hookup, construction schedule, and parking restrictions during the project. The Director of Public Works replied to Mrs. Wards uestions and explained that the residents do not have to hookup to the q p p municipal water, that construction will be occurring on the west side of both streets with the City restoring all lawns and driveways. He added that the project costs would also include bringing the water to the property line. He explained that if approved the planned starting date for the J ro'ect is June of 1984. p Mayor Nyquist inquired if anyone else wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing for Water Main Improvement Project No. 1984 -02. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 -35 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1984 -02 AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1984 -02 The motion for the adoption of the foregoing resolution was duly seconded by member p vote Rich Theis and upon o e aken thereon the following voted in favor thereof: g g Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 3 -12 -84 -5- i BROOKLYN CENTER 75TH DIAMOND ANNIVERSARY The City Manager noted that Mayor Nyquist requested that the City's 75th "anniversary be placed on the agenda as a discussion item. He noted that the planning for the 50th anniversary celebration took approximately two years and that since the diamond anniversary will be occurring in 1986 it is not too early to start planning He pointed out the 50th anniversary of the _City -was celebrated in September even though the official date was February. Councilmember Lhotka inquired if there was any committee established for the 50th anniversary. The City Manager explained that a citizens committee was formed to organize the 50th anniversary celebration. Councilmember Lhotka suggested that a note could be placed in the next City Manager's newsletter to solicit interest in such a committee. Mayor Nyquist stated that since the Director of Parks & Recreation is the City's liaison to the Earle Brown Days Planning Committee, perhaps the Park & Recreation Director could ask the Earle Brown Days Committee whether they would be interested in coordinating the two celebrations. CENTRAL PARK PLAZA PLAN The City Manager reviewed the Central Park Plaza Plan prepared by Brauer & Associates for consideration by the City of Brooklyn Center. He noted the plaza is part of the improvements proposed as part of the park bond referendum. The City Manager explained the staff is requesting that the Council refer the plaza plan to the Park & Recreation Commission for their review and comment. The City Manager reviewed the plan, including the proposed pond areas, and explained that the cost of draining the area was more expensive than providing the pond areas. He added that the deepest area of the pond would be 3 112 feet, and that a fabric underlay would be installed to prevent the peat from floating up in the pond and to reduce plant growth. He then reviewed other features of the proposed plan, including the walkways, arbor and proposed plantings. The City Manager explained the proposed cost of the project is approximately $450,000 and in the original bond referendum, which included a plaza area, the cost estimates were $350,000. He added that the project could be funded from the remaining bond proceeds. He then requested that the Council refer the plaza plan to the Park & Recreation Commission. Councilmember Scott also requested that the plan be referred to the Conservation Commission for their review and comment. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to refer the proposed Central Park Plaza Plan to the Park & Recreation and Conservation Commissions for their review and comment. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:11 p.m. Deputy City C ork Mayor 3 -12 -84 -6- MEMORANDUM TO: Mayor Dean Nyquist FROM: Tom Bublitz, Administrative Assistant DATE: March 23, 1984 / SUBJECT: Advisory Commission Openings The following Commissions currently have vacancies: Conservation Commission - 1 opening Human Rights Commission - 2 openings Park and Recreation Commission - 1 opening representing Park Service Area 2 which is that portion of the City north of 94 and west of Shingle Creek Parkway The Housing Commission currently has no vacancies. Member introduced the following resolution, and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH'ORR- SCHELEN- MAYERON & i ASSOCIATES, SERVICES IN SOCIA ES INC. FOR ARCHITECT RAL ENGINEERING SE C r U / THE DESIGN OF EVERGREEN PARK AND WELL HOUSE NO. 4 IMPROVEMENTS - BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the proposals submitted by Orr- Schelen- Mayeron & Associate, Inc. to provide Architectural /Engineering Services for the design and review of necessary construction plan submittals related to the construction of Well House No. 4 improvements and Evergreen Park area improvements at a cost not to exceed $12,925.00 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Orr- Schelen- Mayeron & Associate, Inc. for said services. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to transfer $4,610.00 from the Public Utility Fund and $8,315.00 from the Capital Improvement Fund, Fund Balance to Capital Improvements Fund; Division 38, to finance the cost of said professional services. Date Mayor 0 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 6301 SHINGLE CREEK PARKWAY � BROOKLYN CENTER, MINNESOTA 55430 L TELEPHONE 561.5440 � ENT �� EMERGENCY —POLICE —FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: March 22, 1984 RE: Consulting Services Related to the Design of Evergreen Area and Well House No. 4 Improvements Attached herewith is a proposal submitted by Orr- Schelen- Mayeron & Associates, Inc. for the design of the Evergreen area improvements and Well House No. 4 improvements. The design services which require an expertise not available within the City's Engineering Department are as follows: Pump House No., 4 Improvements Design Cost $4,160.00 Submittal Review - $450.00 Design of structural, mechanical, and electrical improvements necessary for the construction of a well house and storage room (estimated size 370 S.F.) over the existing open air well pump and motor. Included in the electrical improvements is the design of new electrical controls to replace outdated pump motor controls. Lighting and Landscaping Improvements Design Cost - $6,300.00 Submittal Review /field Visits $675.00 Design of field lighting system, including light standards and foundation design: Electrical design concepts will investigate the incorporation of electrical service to the lighting and scoreboard system and the City's Wells Nos. 3 and 4 into one central location. Landscaping plans will coordinate the Evergreen Park and 69th -70th Avenue "parking" themes with the existing Evergreen neighborhood development. Irrigation System Improvements Design Cost $1,340.00 Design of field irrigation system for the Evergreen soccer field, including layout of system and design of necessary booster pumps, to provide proper water pressures within the system. March '22, 1984 _G.G.Splinter Page Z Staff recommends the;City - accept the proposal of O.S.M.`for the described above. Attached is a' resolution which provides for said acceptance. Respectfully submitted, SK: j n I Member introduced the following resolution and moved its adoption: RESOLUTION NO.' RESOLUTION APPROVING AGREEMENT NO. 62065 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL of the City•of,Brooklyn Center, Minnesota that: 1 Agency Agreement No. 62065 with the Minnesota Department of Transportation providing for adjustment of utility structures on Brooklyn Boulevard (T.H. 152) in conjunction with the proposed resurfacing of said street, is hereby approved. 2. The Mayor and City Manager are hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center. 3. There is hereby appropriated the sum of $3,220.50 from the Public Utility Fund to provide payment for the costs incurred under said agreement. r 0 , Date Mayor ATTEST: The motion for the adoption of the forgoing 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 6301 SHINGLE CREEK PARKWAY t' L BROOKLYN CENTER, MINNESOTA 55430 YN TELEPHONE 561 -5440 EMERGENCY- POLICE -FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: March 22, 1984 RE: Minnesota Department of Transportation Plans for Bituminous Resurfacing and Crack Repair of T.H. 152 (Brooklyn Boulevard) from 68th Avenue North to the North Corporate Limits In conjunction with the project "turn back" of T.H. 152 (Brooklyn Boulevard) jurisdiction from the Minnesota Department of Transportation to Hennepin County, MN /DOT has submitted plans for the resurfacing and crack repair of the roadway from 68th Avenue to the Cities north limits. The proposed project is similar in nature to the T.H. 152 project completed in 1983. Upon its completion, MN /DOT will have completed the resurfacing of T.H. 152 through the City. Attached herewith is a resolution providing for reimbursement to MN /DOT for costs it will incur in the adjustment of manhole and gate valve castings along the improvement route. The agreement, in the amount of $3,220.50, is similar to the agency agreement executed by the City in 1983 in conjunction with the referenced 1983 improvement project. It is recommended the City Council approve said resolu- tion as drafted. Respectfully submitted, SK : j n "We 560w4ea Nom 64 S.P, '2742 -37 (T.H. 152 =129) Hennepin County T.H. 152, from 68th Avenue North to Brunswick Avenue in Brooklyn Center and Brooklyn Park City of Brooklyn Center Agency Agreement No. 62065 AGENCY AGREEMENT THIS AGREEMENT, made by and between the State of Minnesota, acting by and through its Commissioner of Transportation, hereinafter referred-to a the "State" and the City of Brooklyn Center, hereinafter referred to as the "Utility ". WITNESSETH THAT: WHEREAS, the State is preparing plans and specifications and proposes to let a contract for the construction of Trunk Highway 152, said project being identified in the records of the State as S.P. 2742 -37; and WHEREAS, the Utility desires to adjust fourteen manhole rings and castings and also adjust eight water gate valve boxes to the elevation of the proposed new bituininous surface, said adjustments, hereinafter referred to as the "Utility System "; and -1- Agc�nc -y Agreement No. 62065; WHEREAS, the Utility is not staffed or equipped to perform such construction at this time, and a separate contract to be let by the Uti lity for the "Utility system" construction would result in interference with the operations of the State's Contractor and would not be in the best interest of the State, the Utility has requested that the Commissioner of Transportation act as its 'agent for the purpose of constructing said "Utility System and WHEREAS, the Commissioner has determined that including said "Utility- System" in the State's construction contract would eliminate possible duplication of. services and would facilitate coordination of activities so as to generally simplify and expedite the supervision and construction of the trunk highway construction project and would be in the.best interest of the State; and WHEREAS, State law requires a written Agreement between the State and the Utility setting forth their separate responsibilities in accomplishing the Agency construction work: NOW, THEREFORE, IT IS AGREED: ARTICLE I - AGENCY APPOINTMENT AND CONSTRUCTION PLANS Pursuant to Minnesota Statutes 161.45, Subdivision 2, the Utility in connection with the construction of the aforesaid portion of Trunk Highway 152 does hereby appoint the Commissioner of Transportation as its Agent to prepare final plans and specifications, to advertise for bids, to award the contract and to -2- Agency Agreement No. 6206 -5 construct said Utility System in accordance with plans and specifications designated as State Project- 2742 -37 which are on file_ in the Office of the Commissioner of Transportation at Saint Paul, Minnesota. Said plans and specifications are made a past hereof, with the same force and effect as though fully set forth herein. PLAN CHANGES If a change in plan or character of work is required` to complete the "Utility System" satisfactorily, the "Utility" and the "State" or their authorized representatives shall agree to such change before entering into a supplement to the construction contract or the agreement. A Supplemental Agreement between the "State" and the "Utility" will be entered into for both the agreed change and division of cost-upon receipt of written approval from the "Utility" to commence such work. ARTICLE II, - 'AGENCY CONSTRUCTION The construction of said "Utility System shall be under the supervision and direction of the State, but the work may be inspected periodically by the Utility's authorized representative. If the Utility believes the work has not been properly constructed or that the work is defective, the Utility shall inform the State's Project Engineer in writing of such defects. Any recommendations made by the Utility regarding the Agency work performed under' this Agreement are not binding on the State. The. State shall have the -3- Agency Agreement No. 62065 exclusive right to determine whether the Agency work has been satisfactorily performed by the State's contractor. All work shall be performed in substantial accordance with the approved plans. The State's Project Engineer shall make a final inspection with an Engineer designated by the Utility, and the State shall advise the Utility in writing when it has accepted the installation. When -ttie State accepts the "Utility System ", it shall become the property of the Utility. Risk of loss of partial or complete "Utility System" construction shall be on the State's contractor or the Utility as provided in Standard Specification 1716, Minnesota Department of Transportation Standard Specifications for Highway Construction, 1978 Edition. The ` Maintenance of said "Utility System" and appurtenances thereto shall be 'performed by the Utility without cost or expense to the State. ARTICLE III AGENCY PAYMENT The actual cost of said installation shall be determined on a contract unit price basis. The Utility hereby authorizes the Commissioner of Transportation, as its Agent, to pay the State's Contractor directly for said installation. The Utility agrees to pay to the State the "Total Cost" incurred by the State in the construction of said "Utility System ". "Total Cost" as referred to shall "consist of -4 Agency Agreement No. 62065 1. Construction Cost; All bid item costs received from successful bidder involved to satisfactorily construct said " Utility - System" according to the plans, specifications and special provisions hereinafter referred to as "Total Construction Cost ". 2. Construction Engineering A sum equal to 6.0% (percent) of the "Total Construction Cost ". 3. Design Engineering; A sum equal. to 4.0% (percent) of the "Total Construction Cost ". 4. Mobilization Cost; a sum equal to an estimated 3.0% (percent) of the "Total Construction Cost" Subsequent to away& of State Project 2742 -37 to the successful ..low bidder, the actual mobilization percentage will be determined. Said percentage shall be applied to the determined bid cost for the adjustment of the "Utility System It'is`` estimated that said cost of'the Utility's share of the work hereinunder and based on the Engineer's estimate as shown on Exhibit "Bi" will be Three Thousand Two Hundred Twenty and 50/100 Dollars ($3,220.50). It is contemplated that all of said work as provided for in said plans, specifications and special provisions in the aforesaid construction of Trunk Highway 152 is ,to be done by contract basis, -5- Agency Agreement No. 62 065 Immediately following the State's bid opening procedures notification to the "Utility" of the "Total Cost" will be made. Upon receipt 'oL written notification', the Utility has ten calendar days to accept or reject the "Total -Cost" as shown on the ` transmitted "Cost Schedule ". If written notice has not been received within the prescribed ten calendar -days, this shall constitute acceptance by the Utility and the "State shall proceed in the same manner as if having received the "Utility's" written acceptance of said "Total Cost ". If the Utility elects to delete the "Utility System" from the State's work, the Utility does hereby agree to pay to the State the aforesaid "Design Engineering" costs. The Utility indemnifies, saves and holds harmless the State and all of its agents and employees of and from any claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the deletion of the "Utility System" and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder by virtue of the deletion of the "Utility System ", If the "Utility" elects to delete the "Utility System" it will be subject to Notice and Order to remove.and relocate said system: _6Y Agency Agreement No. 62065 The Utility agrees to advance to the Commissioner of Transportation said sum as approved on the "Transmitted Cost Schedule" forthwith upon the 'awarding of the construction contract and upon receipt of a request from the State for such payment. Upon completion and acceptance of the work provided for in said contract by the State, and the preparation by the State of a final computation dete4mining -the amount due the contractor performing the work, the Commissioner shall determine and compute the amount due the Trunk Highway Fund of the State of Minnesota hereunder from the Utility. After the Commissioner has determined as aforesaid the actual amount due from the Utility, he shall apply on the payment thereof as much as may be necessary of the aforesaid funds advanced by the Utility. If the amount found due from the Utility shall be less than the amount of the funds advanced, then, and in that event, the balance of said advanced fund shall be returned to the Utility without interest. If the amount found due from the Utility shall exceed said amount of funds advanced, the Utility agrees to promptly pay the State the difference between the said amount due and said amount of funds. It is further agreed that the aforesaid computation and determination, by the Commissioner of Transportation of the amount due from the Utility hereunder shall be final, binding, and conclusive. It is further agreed that the acceptance by the State of the aforesaid completed work provided for in said plans, -7- ' Agency Agreement No. 62065 specifications, and special provisions to be performed under contract as aforesaid shall be final, binding and conclusive upon the Utility as to the satisfactory completion'of said work. ARTICLE IV - PLANS AND ESTIMATES Attached hereto, marked Exhibit "A" and made a part hereof, are comprehensive and detailed plans for the Agency Work. Also attached, marked Exhibit "B" and made a part hereof is the Estimate of Costs for the Agency portion of the State Project. The Agency work is to be constructed in accordance with Exhibit "A ARTICLE V FUTURE MAINTENANCE Upon completion of construction, the Utility shall thereafter maintain the "Utility System" at its own expense. Should any such maintenance require work on trunk highway night -of -way, the Utility shall first obtain a written permit from the proper authority, which application shall be acted- upon promptly and shall not be unreasonably refused. Said permit shall contain reasonable regulations relating to such maintenance. The Utility may open and disturb the surface of the trunk highway right -of -way without a permit only where an emergency exists that is dangerous to the life or safety of the public and requires immediate repair. The Utility upon knowledge of such emergency, shall immediately notify the State Highway Patrol. ''The Utility shall take all necessary and reasonable safety measures to protect the traveling public, and shall cooperate fully -with the Highway -8 Agency hgreemnnt No. 6 -206.5 Patrol to that end. The Utility in such event shall request a permit from the ,proper authority not later than the second working day thereafter. ARTICLE VI - MISCELLANEOUS The Utility indemnifies, saves and holds harmless the State and all of its agents and employees of and from any and all claims, demands,,actions, or causes of action of whatsoever nature or character arising out of or by reason of the performance or nonperformance of the inspection to be performed by the Utility and further agrees to defend at its own sole cost and expense any action or proceeding .commenced for the purpose of asserting any claim of whatsoever character arising hereunder by virtue of the performance or nonperformance of the inspection to be performed by the Utility. S.P. 2742 -37 (T.FT.. 152 -129) Agreement No. `62065 IN TESTIMONY WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. (CITY SEAL) CITY OF BROOKLYN CENTER By Mayor By City DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA Recommended for Approval: Commissioner of Transportation District Engineer By Director Right of .Way Operations Utilities Engineer Approved: Approved as to form and Commissioner of Administration execution: By Special Assistant Authorized Signature Attorney Genera State of Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) On this day of 198 before me personally aPPeared to ,me known to be the Director of Right of Way Operations, acting for the Commissioner of Transportation of the State of Minnesota, and the person who executed the foregoing instrument in behalf of the State of Minnesota, and the Commissioner of Transportation, and acknowledged that he executed the same as the free act and deed of the State of Minnesota. -1 Q- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE PARTICIPATION OF THE CITY OF BROOKLYN CENTER IN A JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL, AND PROVIDE FOR THE DEVELOPMENT OF SHINGLE CREEK AND AUTHORIZING EXECUTION OF THE AGREEMENT BY THE PROPER CITY OFFICERS WHEREAS, the City of Brooklyn Center, Minnesota, is aware of the mandate of the Minnesota Legislature to adopt a surface water management program to preserve and use natrual water storage and retention systems to accomplish the following purposes mandated by Minnesota Statutes Section 473.875: a. To reduce to the greatest practical extent the public capital expenditure necessary to control excessive volumes and rates of runoff. b. To improve water quality. c. To prevent flooding and erosion from surface flows.. d. To promote ground water recharge. e. To protect and 'enhance fish and wildlife habitat and water F recreational facilities. f. To secure the other benefits associated with the proper management of surface water. and WHEREAS, the nine municipalities having land within the Shingle Creek watershed have all by resolution indicated a desire to proceed under a joint powers agreement rather than as a watershed district and did organize a` steering committee to study and recommend an agreement to the nine municipalities; and WHEREAS, Minnesota Statutes Section 473.878, Subd. 2, requires that a watershed management organization be established on or before December 31, 1983, but this section was amended to allow the Metropolitan Council to grant a -six months extension, and the City of Brooklyn Center requested such an extension which was granted and the municipalities now have until July 1, 1984; to have the organization and commission in place; and WHEREAS, a Joint and Cooperative Agreement to carry out the purposes and responsibilities of the nine municipalties has been prepared by the steering committee and after much study, review, and revision the steering committee has recommended' adoption of the Agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: RESOLUTION NO. 1. The,-Mayor and City Manager are hereby authorized and directed to execute on behalf of the City of Brooklyn Center, Minnesota, the attached Joint and Cooperative Agreement for the Establishment of ;a Shingle Creek Watershed Management Commission to Plan,- Control and Provide for the Development of the Shingle Creek Watershed area. 2. The City Clerk is hereby directed to file a certified copy of this resolution with the City Manager of the City of Brooklyn Center and to carry out any and all other responsibilities necessary to adopt the Joint Powers Agreement and make it a legally binding contract with the other eight municipalities in the Watershed for the management of the Shingle Creek Watershed area. The approval of the Agreement attached as Exhibit A is conditioned upon the approval of the same document by the other eight municipalities which are presently partially or entirely within the Shingle Creek Watershed area. 3. Sy Knapp, Director of Public Works, is hereby appointed as the Commissioner and James Grube, City Engineer, is hereby appointed as the Alternate Commissioner to serve on the Shingle Creek" Watershed Management Commission. yy 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 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -54440 r EMERGENCY- POLICE -FIRE CEN.TER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE March 22, 1984 RE: Watershed Management Agreements The Steering Committees for Shingle Creek and West Mississippi Watersheds have been meeting on a regular basis for approximately six months to put together a joint and cooperative agreement for the establishment of watershed management organizations to plan, control, and provide for the development of the watersheds. The Minnesota Legislature in Minnesota Laws of 1982, Chapter 509, mandated that all watersheds within the seven county metropolitan area be governed by a watershed management organization, and that such an organization was to be in existence by December 31, 1983, or the County should then commence to organize districts for those watersheds. The 1983 legislature extended th -at deadline to July 1, 1984. All of the communities in the Shingle Creek Watershed and the West Mississippi Watershed asked that a joint powers agreement be put together. We are enclosing at this time a proposed agreement for each of the two watersheds: The Preface of the Agreements establish the basic reasons as to why we must act and the general purposes of the organization. The Agreements are similar so communities (including Brooklyn Center) having land in both Shingle Creep and West Mississippi will find that the organizations are being operated under thesame rules in practically all cases. There are a few modifications. The Commissions being organized by the Agreements, shall consist of a board with one member from each of the member municipalities. Each member.will have one vote (there are 9 members in the Shingle Creek Watershed Management Organization and only 5 members in the West Mississippi Watershed Management Organization). All cities are asked to approve the agreement and to appoint their commissioner and their alternate commissioner so that the boards can immediately be organized -and commence their `work. Article VI spells out the powers and duties of the board'in a substantial amount of detail and incorporates the duties and authorities granted by Minnesota Statutes _ Sections 473.875- 473.883. This section indicates how the commission is to establish an overall plain and to present that to all of the reviewing agencies pursuant to the law. It also indicates the other responsibilities of the Commission. „7!c now N { r ' March 22, 1984 W.M.O. Agreements Page 2 Article VII entitled Method of Proceeding tells how the Commission can go about implementing the overall plan. It incorporates some of the features of Minnesota Statutes Chapter 429, but basically the Commission itself will not be doing construction work The Commission will direct a member municipality to do the work, and the other municipalties will contract with that city. It should be noted that throughout the agreement, the Commission has voluntarily limited itself in their powers; i.e., it will not have the power to hold real property nor will it have the power of eminent domain, although such powers are permitted by statute. It is essentially geared to be responsible and to serve the members and strongly recommends that the local water management plans be prepared at the same time as the overall plan for the watershed. Article VIII covers financing of the improvements and also operating' costs of the Commission. There are differences between the two watersheds, and it is not antici- pated that there will be a lot of watershed work per se in the West Mississippi since most of that water is directly tributary to the Mississippi Both agreements provide that, under normal circumstances,50% of costs will be apportioned on the basis of area and the other 50% of costs will be apportioned on the basis of assessed valuation. A summary of the acreages and assessed valuations is attached. Using these statistics, Brooklyn Center's share of costs for the Shingle Creek Watershed Management Organization will be: Area = 3,850 acres /28,716 acres = 13.41% Assessed*Valuation = 148,706,698/760,588,247 19.55% % of Total Costs _ 16.48% while our share of the West Mississippi Watershed Management Organization costs will be: Area = 1,605/16,323 - 9.83% Assessed Valuation = 53,572,701/145,241,302 36.89% % of Total Costs '23.36% Both agreements also provide for contributions to an organizational expense fund during calendar year 1984. With total 1984 budgets of $30,000 for the Shingle Creek Watershed Management Organization, and $15,000 for the West Mississippi Watershed Management Organization, Brooklyn Center's share is estimated as follows: for Shingle Creek Watershed Management Organization $30,000 x 16.48% = $ 4,944.00 for West Mississippi Watershed Management Organization $15,000 x 23.36% = $ 3,504.00 Total 1984 costs to Brooklyn Center = $ 8,448.00 March 22,1984 - W.M.O. Agreements Page 3 Minnesota Statutes Section 473.881 and 473.882 provide that the City`s costs for the watershed management organizations are exempt from the levy limit. The statutes also provide a method where, by ordinance, each City can adopt a water - shed management tax district within the city for the purpose of paying capital P costs of the water management, facilities and for the purpose of paying for normal, routine maintenance of the facilities and to operate under watershed management organizations. The adoption of this type of an ordinance will 'provide a method of funding the costs which will necessarily be incurred in planning and managing the watersheds. Resolutions approving participation in these two organizations are submitted for consideration by the City Council. Respectfully submitted, Sy Knapp, i ctor o Public Works SK:jn November 8, 1983 Cp and WEST MISSISSIPPI W.N.G. Acreage and Assessed Valuation Summary SHINGLE CREEK IJ.M.O. Acreage Assessed Barr Report C urrent Reports Valuat Brooklvn Center 3,715 3,850 $148,706,698 Brooklyn Park 7,045 7,232 212,607,479 Crystal 2,465 2,461 73,323,041 Maple Grove 4,810 5,027 43,905,593 Minneapolis 1,745 1,861 73,454,811 New Hope 2,065 2 102,092,912 Osseo_ 270 320 12,356,108 Plymouth 4,400 4,400* 32,571,958 Robbinsdale 1,500 1,500* 61,569,647 TOTALS 28,015 Acres 28,716 Acres $760,588,247 (43.8 Sq. Miles) WEST t ',ISSISSIPPI W.M.O. Brooklyn Center N/A 1,605 $ 53,574,701 Brooklyn Park N/A 9,679 31,627,431 Champlin N /A 4,316 41,091,286 Maple Grove N/A 568 13,136,355 Osseo N/A 155 5,811,629 - TOTALS 16,323 Acres $145,241,302 TOTALS FOR BOTH W.M.O.'S 45,039 Acres $905,829,649 *indicates use of old area computations Corrected 11/10/83 JOINT AND COOPERATIVE AGREEMENT FOR THE ESTAB- LISHMENT OF A SHINGLE CREEK WATERSHED MANAGE- MENT COMMISSION TO PLAN, CONTROL AND PROVIDE F E DEVELOPMENT SHINGLE CREEK OR .TH LO NT OF THE S N WATERSHED PREFACE The Shingle Creek Watershed contains approximately 44 square miles and en- compasses parts of the following nine cities: Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Min- neapolis, New Hope, Osseo, Plymouth, Robbinsdale. The Shingle Creek Watershed contains four creeks and thirteen lakes. Up to the present time, decisions regarding the water resources within the watershed have been made on an individual municipality basis. In 1974, a Water Resources Management Plan was prepared through a joint effort of the cities but that plan was never officially adopted and no contractual relationship has existed between all the cities. • Minnesota Laws of 1982, Chapter 509, mandated that all watersheds within the seven county Metropolitan area must be governed by a watershed management organi- zation and that such an organization is to be in existence by December 31, 1983. The watershed is authorized to organize under a joint powers agreement pursuant to Minnesota Statutes, Section 471.59 or if such an organization is not created, Hennepin County shall petition for the establishment of a watershed district under Minnesota Statutes, Chapter 112. All the cities in the Shingle Creek Watershed have expressed a desire to proceed with a joint powers organization. The Shingle Creek Watershed is in some ways unique in that one portion has an abundance of surface water and requires storage and flood control measures to protect residents' and property. In seeking solutions to the overall surface water problems whether they be too much water or too little, water, the law mandates and the cities -1- within the watershed recognize that joint planning, joint cooperation, financial sharing and a contractual agreement are necessary. It has been determined by the cities involved in the Shingle Creek watershed that they desire to proceed under a Joint Powers Agreement rather than under Chapter 112 as a watershed district. Each party to this agreement has been fully advised that the Watershed Management Organization being created shall have the powers and responsibilities set forth in the Metropolitan Surface Water Management Act, Minnesota Statutes Sections 473.875 to 473.883, as amended by this Agreement. Each member further recognizes that this is a binding contract and failure to cooperate or to carry out a member's responsibilities' will result in a breach of this contract. The purpose of this organization shall be to assist the nine member Shingle Creek Watershed cities to preserve and use natural water storage and retention systems to: 1. Reduce to the greatest practical extent the public capital expenditure necessary to control excessive volumes and rates of runoff. 2. To improve water quality within the watershed. 3. To prevent flooding and .erosion from surface flows. 4. To promote ground water recharge. 5. To protect and enhance fish and wildlife habitat and water recreational facilities. 6. To secure other benefits associated with the proper management of surface water. 7. To promote and encourage cooperation among member cities in coordinating local surface water plans and to be aware of their neighbor's problems and to protect the public health, safety, and general welfare. • -2- • The purpose of this Preface is to clarify and establish for any court of review or any arbitrator or for the elected successors to the representatives who have entered into this agreement the reasons and purpose for this joint and cooperative venture. The parties to this Agreement realize that the success or failure of the Shingle Creek Watershed Organization created by this Agreement is dependent upon the sincere desire of each member City to cooperate in the exercise of a joint power to solve joint problems. Each party hereby agrees to be bound by this ` agreement and pledges its cooperation. - 3- JOINT AND COOPERATIVE AGREEMENT' The parties to this agreement are governmental units of the State of Minnesota, all of which have lands which drain surface water within the Shingle Creek Watershed and all of which have power and responsibility to construct, reconstruct, extend and maintain storm drainage facilities to improve water quality, to promote ground water recharge, and to protect, promote and preserve water resources within the Watersheds._ This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1982, Sections 471.59 and 473.875 to and including Section 473.883. NAME L The parties hereto create and establish the Shingle Creek Watershed Management Commission. GENERAL PURPOSE U. The general purpose of this agreement is to provide an organization which can investigate, study, plan and control the construction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creek channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part, drainage systems within the watershed area; to do whatever is necessary to assist in water conservation and the I abatement of water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. In addition to the aforestated purposes, the organization hereby created shall serve as the Watershed Management organization for the Shingle Creek Watershed and shall carry out all the duties and responsibilities outlined in Minnesota Statutes, Section 473.875 through 473.883, both inclusive. • -4- • DEFINITIONS M. For the purposes of this agreement, the terms used herein shall have the meanings as defined in this article. Subdivision 1. "Commission" means the organization created by this agreement the full name of which is "Shingle Creek Watershed Management Commission ". It shall be a public agency of its members and a watershed management organization as defined in Minnesota Statutes, Section 473.877. Subdivision 2. "Board" means the board of commissioners of the Commission, consisting of _ one commissioner or one alternate commissioner from each of the governmental units which is a party to this agreement and which shall be the governing body of the Commission. Subdivision 3. "Council" means the governing body of a governmental unit which • is a member of this Commission. Subdivision 4. "Governmental Unit" means any city, county or town. Subdivision 5. "Member" means a governmental unit which enters into this agreement. Subdivision 6. "Shingle Creek Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to Shingle Creek and within the mapped areas delineated on the map filed with the Water Resources Board pursuant to Minnesota Statutes, 473.877 Subd. 2, MEMBERSHIP IV. The membership of the Commission shall consist of all of the following govern- mental units: -S- City of Brooklyn Center City of Brooklyn Park City of Crystal City of Maple Grove City of Minneapolis City of New'Hope City of Osseo City of Plymouth City of Robbinsdale (The foregoing list is intended to include all governmental units which are presently partially or entirely within the Shingle Creek Watershed to be controlled by this Agreement.) No change in governmental boundaries, structure or organizational status shall affect the eligibility of any governmental unit listed above to be represented on the Commission, so long as such governmental unit continues to exist as a separate political subdivision. BOARD OF COMMISSIONERS V. Subdivision 1 The governing body of the Commission shall be its Board. Each member shall be entitled to appoint one representative on the board, and one alternate who may sit when the representative is not in attendance and said representative or alternate representative shall be called a "Commissioner ". Subdivision 2. The council of each member shall determine the eligibility or qualification of its representative on the Commission but. the terms of each Com- missioner shall be as established by this agreement. -6- Subdivision 3. The term of each Commissioner and Alternate Commissioner • appointed by each member shall be three years and until their successors are selected and qualify and shall commence- on February 1, except that the terms of the Com- missioners first appointed shall commence from the date of their appointment and shall terminate as follows; a. The Commissioners appointed by the Cities of Brooklyn Center, Brooklyn Park and Crystal shall terminate on February 1, 1985. b. The Commissioners appointed by the Cities of Maple Grove, Minneapolis, and New Hope shall terminate on February 1, 1986. e. The Commissioners appointed by the Cities of Osseo, Plymouth, and Robbinsdale shall terminate on February 1, 1987. Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the governmental unit of the member who appointed said Commissioner. • Subdivision 4. The council of each member agrees that its representative commissioner will not be removed from the Board prior to the expiration of his term, unless said Commissioner consents in writing or unless said council has presented the Commissioner with charges in writing and has held a public hearing after reasonable notice to the Commissioner. A certified copy of the Council's Resolution removing said Commissioner shall be filed with the Secretary of the Board of Commissioners and shall show compliance with the terms of this section. Subdivision 5. Each member shall within 30 days of appointment file with the Secretary of the Board of Commissioners a record of the appointment of its Com- missioner and its Alternate Commissioner. Subdivision 6. Commissioners shall serve without compensation from the Corn - mission, but this shall not prevent a governmental unit from providing compensation • -7- for its Commissioner for serving on the board, if such compensation is authorized by • such governmental unit and by law. Commission funds may be used to reimburse a Commissioner or Alternate Commissioner for expenses incurred in Commission business and authorized by the Board. Subdivision 7. At the first meeting of the Board and in February of each year thereafter, the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. At the organizational meeting or as soon thereafter as it may be reasonably done, the Commission shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Commission provided that a ten day prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent; a majority vote of all eligible votes of the • then existing members of the Commission shall be sufficient to adopt any proposed amendment to such rules and regulations. POWERS AND DUTIES OF THE BOARD Subdivision L The Commission, acting by its duly appointed Board of Com- missioners, shall as it relates to flood control, water quality, ground water recharge and water <conservation and other duties as set forth in Chapter 509, Minnesota Laws of 1982 and construction of facilities of Shingle Creek, have the powers and duties set out in this article. Subdivision 2. It may employ such persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full time, part time or consulting basis as the Board determines and shall be considered Commission staff. -8- I Subdivision 3. It may contract for space and for material and supplies to carry • on its activities either with a member or elsewhere. Subdivision 4. It may acquire necessary personal property to carry out its powers and its duties. Subdivision 5. It shall develop an overall plan containing a capital improvement program within a reasonable time after qualifying, and said plan shall meet all of the requirements as established in Minnesota Statutes, Section 473.878. Said overall plan shall establish a comprehensive goal for the development of Shingle Creek and shall establish a proposed procedure for accomplishing the purposes of the organization as set ;forth in Article H. In preparing the overall plan, the board may consult with the engineering and planning staff of each member governmental unit. It may consult with the Metropolitan Council and other public and private bodies to obtain and consider projections of land use, population growth, and other factors which are relevant to the improvement and development of the Shingle Creek Watershed. Said overall plan shall include the location and adequacy of the outlet or outfall of said Shingle Creek. The plan shall include the quantity of storage facilities and the sizing of an adequate outlet for all subtrunk, subdistrict and `branch lateral storm sewers. Upon completion of the overall plan, each member shall be supplied with a copy of the proposed plan and the plan shall be submitted for review and comment to Hennepin County and the Hennepin Soil and Water Conservation District. All govern- mental units which expect that substantial amendment of its local comprehensive plan will be necessary in order to bring their local water management into conformance with the Commission's watershed plan shall describe as specifically as possible, the amendments to the local plan which it expects will be necessary. The Commission i -9- shall hold a public hearing after 60 days mailed notice to the clerk of each member • governmental unit. The mailed notice of the hearing shall be sent at the same time the plan is submitted to the members and to other governmental agencies. After such public hearing, the board shall prescribe the overall plan which shall be the outline for future action by the Commission. The Commission shall then submit the plan, any comments received and any appropriate amendments to the plan to the Board of Commissioners of Hennepin County. The County shall approve or disapprove projects in the capital improvement programs which may require the provision of county funds pursuant to Minnesota Statutes Section 112.60 Subd. 2 or Section 473.883. The County shall have 60 days to complete its review. If the County fails to complete its review within 60 days the plan and capital improvement programs shall be deemed approved. After completion of the review by Hennepin County, the plan and capital improvement programs shall be submitted to the Metropolitan Council for its review. After completion of the review by the Metropolitan Council pursuant to Minnesota Statutes, Section 473.175, the Commission shall submit the plan to the Minnesota Commissioner of Natural Resources and the Minnesota Pollution Control Agency for review and comment on the consistency of the plan with state laws and rules relating to water and related land resources and to the Minnesota Water Resources Board for review as provided in Minnesota Statutes, Section 112.46. After return of the plan, a copy of the plan shall be submitted to each of the members together with all comments of the reviewing authorities. The Commission shall wait for at least 30 days for comments from its members. The Commission shall adopt the overall plan within 120 days after approval of the plan by the Minnesota Water Resources Board. The Commission shall then implement the approved plan and approved capital improvement program by resolution of the -10- Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a favorable vote of 2 /3rds of all eligible votes of the then existing members of the Commission for Shingle Creek. A copy of the adopted plan shall be filed with the Clerk of each member government unit. Upon notice and hearing, as provided for in adopting the overall plan, said plan may be amended by the Board on its own initiative or on the petition of any member governmental unit. The review provisions set forth in this section are those required by Minnesota Statutes, Section 473.878. If the law is amended, approvals shall be as required by law and the provisions contained in this section shall be amended accordingly. Subdivision 6. It shall make necessary surveys or utilize other reliable surveys' and data and develop projects to accomplish the purposes for which the Commission is organized. Subdivision 7. It may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision 8. It may order any member governmental unit or units to construct, clean, repair, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain, storm sewer, water course, natural or artificial, within the Shingle Creek Watershed. Subdivision 9. It may order any member governmental unit or units to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements necessary to implement the overall plan. Subdivision 10. It shall regulate, conserve and control the use of storm and surface water within the Watershed. Subdivision 11. It may contract for or purchase such insurance as the board deems necessary for the protection of the Commission, -11- Subdivision 12. It may establish and maintain devices for acquiring and recording hydrological and water quality data within the Watershed.' Subdivision 13. It may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. The Commission shall be liable for actual damages resulting therefrom but every person who claims damages shall serve the Chair or Secretary of the Board of Commissioners with a Notice of Claim as required by Chapter 466.05 of the Minnesota Statutes. Subdivision 14. It shall provide any member governmental unit with technical data or any other information of which the Commission has knowledge which will assist the governmental unit in preparing land use classifications or local water management plans within the watershed. Subdivision 15. It may provide legal and technical assistance in connection with litigation or other proceedings between one or• more of its members and any other • political subdivision, commission, board or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the Watersheds. The use of commission funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing members of the Commission. Subdivision 16. It may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the manner and subject to the laws of Minnesota applicable to statutory cities. Subdivision 17. It may collect monies, subject to the provisions of this agreement, from its members, Hennepin County and from any other source approved by a majority of its board. Subdivision 18. It may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefor in the manner hereinafter provided. -12- Subdivision 19. It shall cause to be made an annual audit of the books and accounts of the commission and shall make and file a report to its members at least once each year including ` the following informations a. the financial condition of the commission; b. the status of all commission projects and work within the watershed; C. the business transacted by the commission and other matters which affect the interests of the commission. Copies of said report shall be transmitted to the clerk of each member governmental unit. Subdivision 20. Its books, reports and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 21. It may recommend changes in this agreement to its members. Subdivision 22. It may exercise all other powers necessary and incidental to • the implementation of the purposes and powers set forth herein and as outlined and authorized by Minnesota Statutes, Sections 473.875 through 473.883. Subdivision 23. It shall cooperate with the State of Minnesota, the Commissioner of Natural Resources and the Director of the Division of Waters, Soils and Minerals of the Department of Natural Resources in complying with the requirements of Chapter 105 of the Minnesota Statutes. Subdivision 24. Each member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. Subdivision 25. It may define and designate subtrunk and subdistricts within the watershed and shall have authority to separate the watershed into different subtrunk and subdistric is and to allocate capital improvement costs to a subtrunk or subdistrict area if that district is the only area that benefits from the capital improvement. • -13- METHOD OF PROCEEDING VII. Subdivision 1. The procedures to be followed by the board in carrying out the powers and duties set forth in Article VI, Subdivisions 5, 6, 7 8, 9, and 10, shall be as set forth in this article. Subdivision 2. The Board shall immediately proceed to prepare the overall plan as set forth in Article VI, Subdivision 5. Upon adoption of said overall plan, the Board shall proceed to implement said plan, and this implementation may be ordered by stages. Subdivision 3. The location and adequacy of the outlet for Shingle Creek shall be determined and the Commission shall then prepare plans which will provide capacity to outlet the surface waters which will be collected within the Shingle Creek watershed. In determining the necessary capacity for said outlet, the Commission shall take into • consideration the quantity of land within the watershed which each member governmental unit has to pond or act as a reservoir for surface waters. It shall consider only lands which are under public ownership or under public control and that will be perpetually dedicated to acting as a reservoir for surface waters. The commission may require from each member governmental unit a commitment in writing of the lands which shall be so dedicated, including a legal description of the gross area and the capacity in acre feet of water storage. No project which will channel or divert additional waters to Shingle Creek shall be commenced by any member governmental unit prior to approval of the board of the design of an adequate outlet or of adequate storage facilities. The adequacy of said outlet shall be determined by the .board after consultations with its professional engineers.. Subdivision 4. All construction, reconstruction, extension or maintenance of Shingle Creek, including outlets, lift stations, dams, reservoirs, or other appurtenances -14- of a surface water or storm sewer system which involve construction by or assessment against any member governmental unit or against privately or publicly owned land within the watershed shall follow the statutory procedures outlines in Chapter 429 of the "Minnesota Statutes except as herein modified. The Board shall secure from its engineers or some other competent person a report advising it in a preliminary way as to whether the proposed improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended and the proposed allocation of costs. The Commission shall have authority to separate the watershed into subtrunks or subdistricts if the capital improvement project and costs only benefit a subtrunk or subdistrict area. If the Commission determines that a capital improvement and capital cost benefits only a subtrunk or subdistrict area it may so designate that said area shall be responsible for said costs and may allocate the costs to said area or • areas rather than to the entire watershed. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the clerk of each member governmental unit within the Watershed. The Commission shall not be required to mail or publish notice except by said notice to the clerk. Said notice shall be mailed not less than 45 days before the hearing, shall state the time and place of the hearing, the general nature of the improvement, the estimated total cost and the estimated cost to each member governmental unit. The board may adjourn said hearing to obtain further information, may continue said hearing pending action of the member governmental units or may take such other action as it deems necessary to • carry out the purposes of this Commission. To order the improvement, in accordance with the powers and duties established in Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order shall require a favorable vote by two - thirds` of all eligible votes, of the then existing board of the -15- • Commission. The order shall describe the improvement, shall allocate in percentages the cost allocation between the member governmental units, shall designate the engineers to prepare plans and specifications, and shall designate the member who will contract for the improvement in accordance with Subdivision 7 of this Article. After the board has ordered an improvement it shall forward to all member governmental units an estimated time schedule for the construction of said improvement. The board shall allow an adequate amount of time, and in no event less than 45 days, for each member governmental unit to conduct hearings, in accordance with the provisions of the aforestated Chapter 429 or the charter requirements of any city, or to ascertain the method of financing which said member governmental unit will utilize to pay its proportionate share of the costs of the improvement Each member governmental unit shall ascertain within a period of 90 days the method it shall use to pay its proportionate share of the costs. • If the Commission proposes to utilize Hennepin County's bonding authority as set forth in Minnesota Statutes, Section 473.883, or if the Commission proposes to certify all or any part of a capital improvement 'to Hennepin County for payment, then and in that event all proceedings shall be carried out in accordance with the provisions set forth in said Section 473.883. Subdivision 5. The board shall not order and no engineer shall be authorized by the hoard to prepare plans and specifications before the board has adopted a resolution ordering the improvement. The board may order the advertising for bids upon receipt of notice from each member governmental unit who will be assessed that it has completed its hearing or determined its method of payment or upon expiration of 90 days after the mailing of the preliminary report to the members. Subdivision 6. Any member governmental unit being aggrieved by the determi- nation of the board as to the allocation of the costs of said improvement shall have • 30 days after the commission resolution ordering the improvement to appeal said -16- determination. Said appeal shall be in writing and shall be addressed to the board asking for arbitration. _ The determination of the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist" of three persons; one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing • member. Arbitration shall be conducted in accordance with the Uniform - Arbitration Act, Chapter 572 of the Minnesota Statutes. Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of the board's order to construct, clean, repair, alter, reclaim or change the course or terminus of any ditch, drain, storm sewer, watercourse, or to acquire, operate, construct or maintain dams, dikes, reservoirs or their appurtenances or to carry out any of the other provisions of the plan as authorized by Minnesota Statutes, Section 473.879, and for which two or more member governmental units shall be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be let by any one of the member governmental units, as ordered by the Board of Commissioners, after compliance with the statutes. All contracts and bidding procedures • shall comply with all the requirements of law applicable .to contracts let by a statutory city in the State of Minnesota. -17- The Commission shall not have the authority to contract in its own name for • any improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City charter. This section shall not preclude the Commission from proceeding under Minnesota Statutes, Section 473.883. Subdivision 8. Contracts with Other Governmental Bodies. The Commission may exercise the powers set forth in Article VI, Subdivision 7, but said contracts shall require a favorable vote of two - thirds majority of the eligible votes of the then existing members of the Commission. Subdivision 9. Supervision. All improvement ` contracts awarded under the provisions of Subdivision 7 of this Article shall be supervised by the member govern- mental unit awarding said contract or said member governmental unit may contract or appoint any qualified staff member or members of the Commission to carry out said supervision, but each member agrees that the staff of this Commission shall be authorized to observe and review the work in progress and the members agree to cooperate with the Commission staff in accomplishing the purposes of this Commission. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The staff of this Commission shall report, advise and recommend to the board on the progress of said work. Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent domain. The member governmental units agree that any and all easements or interest in land which are necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the 'unit wherein said lands are located, and each member agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners to accomplish • -18- the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface .drainage or storage, for some other purposes, the costs of said acquisition will not be included in the improvement costs of the ordered project. The board in determining the amount of the improvement costs to be assessed to each member governmental unit may take into consideration the land use for -which said additional lands are being acquired and may credit the acquiring municipality for said land acquisition to the extent that it benefits the other members of this agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the board if feasible and necessary may defer said credits to a future project. If any 'member unit refuses to negotiate or condemn lands as ordered by the board, any other member may negotiate or condemn outside its corporate limits in accordance with the aforesaid Chapter 117. All members agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the Shingle Creek Watershed except 'upon order of the board of this Commission. The Commission shall have authority to establish land acquisition policies as a part of the overall plan. The policies shall be designed to equalize costs of land throughout the watershed. Subdivision 11. Pollution Control And Water Quality. The Commission shall have the authority and responsibility to protect and improve water quality in the watershed as this is one of the main purposes set forth in the Surface Water Management Act. All member governmental units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes into any watercourse or storm sewer draining into Shingle Creek. The board may investigate on its own initiative and shall investigate -19- upon petition of any member all complaints relating to pollution of Shingle Creek or its tributaries. Upon a finding that the creek or surface waters are being polluted, the board shall order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface water in the watershed. Subdivision 12. Local Water Management Plans. The Commission shall have power and authority to review the members' local water management plans, capital improvement programs and official controls required by Minnesota Statutes 473.879. The members also understand that the overall plan and capital improvement program required for the entire watershed must consist of the local parts in the plan and therefore every effort shall be made by the Commission to coordinate the local plans with the watershed's overall plan. The members further understand and agree that upon completion and approval of the overall plan required by Minnesota Statutes 473.878, each member will be required to present their local management plan to the Commission as required by Minnesota Statutes, Section 473.879. It is therefore important that each member provide the Commission with their best effort to coordinate and plan for the individual member's local plan at the same time the watershed overall plan is being assembled. FINANCES NIL Subdivision 1. The Commission funds may be expended by the board in accordance with this agreement and in accordance with the procedures- as established by law and in the manner as may be determined by the board. The board shall designate one or more national or state bank or trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive deposits of public moneys and to act as depositories -20- for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two board members, one of whom shall be the Treasurer or his Authorized Deputy Treasurer. The Treasurer shall be required to file with the Secretary of the board _a bond in the sum of at least $10,000 or such higher amount as shall be determined by the board. The Commission shall pay the premium on said bond. Subdivision 2. Each member agrees to contribute each year to a general fund, said fund to be used for general administration purposes including, but not limited to: salaries, rent, supplies, development of an overall plan, engineering and legal expenses, insurance, bonds, and to purchase and maintain devices to measure hydrological and water quality data. Said funds may also be used for normal maintenance of the facilities, but any extraordinary maintenance or repair expense shall be treated as an improvement cost and processed in accordance with Subdivision 3 of this Article. The annual contribution by each member shall be based fifty percent (50 %) on the assessed valuation of all property within the Watershed and fifty percent (50 %) on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the Shingle Creek Watershed. In no event shall any assessment require a contribution for general fund purposes to exceed one -half of a mill on each dollar of assessed valuation within the watershed. Subdivision 3. (a) An improvement fund shall be established for each improvement project instituted under Article VII, Subdivision 4. Each member agrees to contribute to said funds its proportionate share of the engineering, legal and administrative costs as determined by the Commission as the amount to be assessed against each member as a cost of the improvement. The board shall submit in writing a statement to each member, setting forth in detail the expenses incurred by the Commission for each project. -21- Each member further agrees to pay to or contract with the member governmental • unit awarding said contract for the improvement, its proportionate share of the cost of the improvement in accordance with the determination of the board under Article VII, Subdivision 4. The member awarding the contract shall submit in writing copies of the engineer's certificate authorizing payment during construction and the member being billed agrees to pay its proportionate share of said improvement costs within 30 days after receipt of the <statement. The member awarding the contract shall advise other contributing members of the tentative time schedule of the work and the estimated times when the contribfitions shall be necessary. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, the Commission may by a vote of 2 /3rds of all eligible votes of the then existing members of the Commission decide to proceed to fund all or any part of the cost of a capital improvement contained in the capital improvement program of the plan pursuant to • the authority and subject to the provisions set forth in Minnesota Statutes, Section 473.883. It -is expressed as a goal of this Agreement that cost sharing of capital improvement costs be assigned and agreed to by members pursuant to Article VIII, Subdivision 5, Subsection 1 of this Agreement. Without such agreement, all improve- ments will be constructed pursuant to Minnesota Statutes, Section 473.883. The Commission and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Hennepin County pursuant to Minnesota Statutes, Section 473.883. The levy and collection of an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy resolution adopted by a 2 /3rds vote of all eligible members of the Commission and remitted to the County on or before October 10th of each year. If it is determined to levy for maintenance, the Commission shall be required to follow the hearing process established by Minnesota Statutes, Section • -22- • 112.611 and acts amendatory thereof and in addition thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days prior to the hearing. Subdivision 4. On or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall require a favorable vote by two - thirds of all eligible votes of then existing members of the Board. The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees it will review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and may, upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or • amendments. Each member agrees to provide the funds required by the budget and said determination shall be conclusive if no member enters objections in writing on or before August 1. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications or amendments to the original budget require a, favorable vote by a majority of all eligible voters of then existing members of the Board. The budget shall not in any event require any member to contribute in excess of one -half of a mill on each dollar of assessed valuation of all taxable property within the watershed and .within said members corporate boundaries. The schedule of payments by the members shall be determined by the board in such a manner as to provide for an orderly collection of the funds needed. -23 Upon notice and hearing, the board by a favorable vote of three- fourths of all • eligible: votes of then existing members may adopt a supplemental budget requiring additional payments by the members within 60 days of its adoption but in no event shall the budget require any member to contribute in excess of one -half of a mill on each dollar of assessed valuation of all taxable 1 property in r the watershed or within P P Y withi any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 473.882, which authorized a Watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and /or normal and routine maintenance of facilities. Subdivision 5. Cost Allocation. The Commission shall apportion all capital costs to the respective members on either (1) or (2) of the following bases: (1) (a) Fifty percent of all capital costs or the financing thereof shall be • apportioned to each member on the basis of the real property valuation of each member within the boundaries of the watershed to the total real property valuation in the Shingle Creek Watershed. (b) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the total area of each member within the boundaries of the watershed to the total area in the Shingle Creek Watershed. (c) Capital costs allocated under the 50% area /50% assessed valuation formula herein set forth may be varied by the Commission by a 7 /9ths vote if: (1) any member community receives a direct benefit from the capital improvement which benefit can be defined as a lateral as well as a trunk benefit, or -24- (2) the capital improvement provides "a direct benefit to, one or more members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (d) Credits to any member for lands acquired by said member to pond or store storm and surface water shall be allowed against costs set forth in Subsections (a), (b) and (c) of this Section. (2) If agreement is not reached to proceed as set forth in Subsection 1 of this Subdivision and if the project is constructed and financed pursuant to Minnesota Statutes, Section 473.883, the members understand and agree that said costs will be levied on all taxable property in the watershed as set forth in the statute. Subdivision 6. The members agree to contribute a total of $30,000 as the organizational expense fund and to provide for the operating budget in the calendar year 1984. Each member governmental unit shall contribute its proportionate share based fifty percent (50 %) on the assessed valuation of all property within the watershed and fifty percent (50 %) on the basis of the total area of each member within the boundaries of the watershed. MISCELLANEOUS PROVISIONS III. Subdivision 1. The Commission shall not have the ; power ao issue certificates, warrants or bonds. Subdivision 2. The Commission shall not have the power of eminent domain and shall not own any interest in real property. All interests in lands shall be held in the name of the corporate member wherein said lands are located. Subdivision 3. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All - such assessments shall - be • -25 • levied by the member wherein said lands are located. It shall have the power to require any member to contribute the costs allocated or assessed according to the other provisions of this agreement. Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert any additional surface water to Shingle Creek or its tributaries without a permit from the Board of Commissioners. Permits may be _granted by the board for a member to proceed with the construction or reconstruction of improvements within the individual corporate members' boundaries and at its sole cost upon a finding: (1) that there is an adequate outlet; (b) that said construction is in conformance with the overall plan; (c) that the construction will not adversely affect other members of this agreement. Subdivision 5. Any member who is more than 60 days in default in contributing • its share to the general fund shall have the vote of its board member suspended pending the payment *of its proportionate share. Any member who is more than 60 days in default in contributing its proportionate share of the cost of any improvement to the contracting member shall upon application of the contracting member have the vote of its board member suspended, pending the payment of its proportionate share. Any board member whose vote is under suspension shall not be considered as an eligible member as such membership affects the number of votes required to proceed on any matter under consideration by the board. Subdivision 6. Enforcement. Members agree to be bound by the determination of the Commission and agree to use their best efforts to carry out directives from the Commission; failure to respond may result in a legal action by the Commission to require the member to act under a court order. -26- DURATION X. Subdivision 1. Each member agrees to be bound by the terms of this agreement until January 1, 2005, and it may be continued thereafter at the option of the parties. Subdivision 2. This agreement may be terminated prior to January 1, 2005, by the unanimous consent of the members. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any member may petition the board to dissolve the agreement. Upon 30 days notice in writing to the clerk of each member governmental unit, the board shall hold a hearing and upon a favorable vote by three- fourths of all eligible votes of then existing board members, the board may by Resolution recommend that the Commission be dissolved. Said Resolution shall be submitted to each member governmental unit and if ratified by three- fourths of the councils of all eligible members within 60 days, said • board shall dissolve the Commission allowing . a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. DISSOLUTION XL Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. EFFECTIVE DATE XIL This agreement shall be in full force and effect upon the filing of a certified • copy of the resolution approving said agreement by all nine members for Shingle Creek -27- Watershed. Said resolution shall be filed with the City Manager of the City of Brooklyn • Center, who shall notify all members in writing of its, effective date and set a date for the board's first meeting. Said first meeting shall take place at Brooklyn Center City Hall 'within 30 days after the effective date and shall be called by the Brooklyn Center- City Manager. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes 471.59. -28- Approved by the City Council CITY OF'MINNEAPOLIS 1984. By Mayor Approved as to legality: BY Attest Assistant - City Attorney City C er Countersigned City Comptroller-Treasurer Approved by the City Council CITY OF BROOKLYN CENTER 1984. By Attest Approved by the City-Council CITY OF BROOKLYN PARK 1984. By Attest Approved by the City. Council CITY OF CRYSTAL 1984. By Attest Approved by the City Council CITY OF MAPLE GROVE 1984. By Attest Approved by the City Council CITY OF NEW HOPE 1984. By Attest Approved by the City Council CITY OF OSSEO 1984. By Attest Approved by the City Council CITY OF PLYMOUTH 1984. By Attest Approved by the.City Council CITY OF ROBBINSDALE 198.4. By Attest -29- * Member introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION APPROVING THE PARTICIPATION OF THE CITY OF BROOKLYN CENTER IN A JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL, AND PROVIDE FOR THE DEVELOPMENT OF WEST UPPER MISSISSIPPI AND AUTHORIZING EXECUTION OF THE AGREEMENT BY THE PROPER CITY OFFICERS WHEREAS, the City of Brooklyn Center, Minnesota, is aware of the mandate of the Minnesota Legislature to adopt a surface water management program to preserve and use natural water storage and retention systems to accomplish the following purposes mandated by Minnesota Statutes Section 473.875: a. To reduce to the greatest practical extent the public capital expenditure necessary to control excessive volumes and rates of runoff. b. To improve water quality. c. To prevent flooding and erosion from surface flows d. To promote ground water recharge. e. To protect and enhance fish and wildlife habitat and water recreational facilities. f. To secure the other benefits associated with the proper management of surface; water. and WHEREAS, the five municipalities having land within the West Mississippi watershed have all by resolution indicated a desire to proceed under a joint powers agreement rather than as a watershed district and did organize a steering committee to study and recommend an agreement to the five municipalities; and WHEREAS, Minnesota Statutes Section 473.878, Subd. 2 requires that a watershed management organization be established on or before December 31, 1983, but this section was amended to allow the Metropolitan Council to grant a six months extension, and the City of Brooklyn Center requested such an extension which was granted and the municipalities now have until July 1, 1984, to have the organization and commission in place; and WHEREAS, a Joint and Cooperative Agreement to carry out the purposes and responsibilities of the five municipalities has been prepared by the steering committee and after much study, review, and revision the steering committee has recommended adoption of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: RESOLUTION NO. 1. The Mayor and City Manager are hereby authorized and directed to execute on behalf of the City of Brooklyn Center, Minnesota, the attached Joint and Cooperative Agreement for the Establishment of a West Mississippi Watershed Management, Commission, to Plan, Control and Provide for the Development of the West Mississippi Watershed area. 2. The City Clerk is hereby directed to file a certified copy of this resolution with the City Manager of the City of Brooklyn Center and to carry out any and all other responsibilities necessary to adopt the Joint Powers Agreement and make it a- legally binding contract with the other four municipalities in the Watershed for the management the West Mississippi Watershed area. The approval of the Agreement attached as Exhibit A is conditioned upon the approval of the same document by the other four munici- palities which are presently partially or entirely within the West Mississippi Watershed area. 3. Sy Knapp, Director of Public Works, is hereby appointed as the Commissioner and James Grube, -City Engineer, is hereby appointed as the Alternate Commissioner to serve on the West Mississippi Watershed Management Commission. Date Mayor ti. 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. • JOINT AND COOPERATIVE AGREEMENT FOR THE ESTAB- PP WATERSHED MANAGE- LiSH°"MEidT OF A WEST MISSISSIPPI MENT COMMISSION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE WEST MISSISSIPPI WATERSHEDS PREFACE That part of the Upper Mississippi River Watershed lying West of the Mississippi River is a small isolated- minor watershed that is basically a direct tributary to the Mississippi River. ft encompasses parts of the following cities: Champlin, Brooklyn Center, Brooklyn Park, Maple Grove, Minneapolis, Osseo. A very small section of the Upper Mississippi Watershed as defined bythe Metropolitan Council is in the City of Dayton but it is not proposed that said area be annexed to or governed by this Agreement. All areas of Champlin which are not in the Elm Creek Watershed shall be subject to this Agreement. The southerly boundary of the West Mississippi River Watershed can reasonably be established on the Brooklyn Center /Minneapolis corporate line (i.e. the centerline of 53rd Avenue North) and the small area of the Upper Mississippi Watershed in Minneapolis can be joined to the Middle Mississippi River Watershed and be planned and controlled by the Watershed Management Organization being established for the Middle Mississippi area. Minnesota Laws of 1982, Chapter 509, mandated that all watersheds within the seven county Metropolitan area must be governed by a watershed management organiza- tion and that such an organization is to be in existence by December 31, 1983. The watershed is authorized to organize under a joint powers agreement "pursuant to Minnesota Statutes, Section 471.59 or if such an organization is not created, Hennepin County shall petition for the establishment of a watershed district under Minnesota -1- r • Statutes,` chapter 112. All the cities in the West Mississippi Watershed have expressed a desire to proceed with a joint powers organization to establish a Watershed Manage- ment Organization which_ will comply with the law for management of this isolated minor watershed with drainage directly to the Mississippi River, excluding the small area in Minneapolis. It is the belief of these five cities that it will provide for more efficient planning and administration if the West Mississippi River Watershed is planned and administered under a joint powers agreement. It has been determined by the five cities involved in the watershed that they desire to proceed under a Joint Powers Agreement rather than under Chapter 112 as a watershed district. Each party to this agreement has been fully advised that the Watershed Management Organization being created shall have the powers and responsi- bilities set forth in the Metropolitan Surface Water Management Act, Minnesota Statutes Sections 473.875 to 473.883, as amended by this Agreement. Each member further • recognizes that this is a binding contract and failure to cooperate or to carry out a member's responsibilities will result in a breach of this contract. The purpose of this organization shall be to assist the five member West Mississippi Watershed cities to preserve and use natural water storage and retention systems to: 1. Reduce to the greatest practical extent the public capital expenditure necessary to control excessive volumes and rates of runoff. 2. To improve water quality within the watershed. 3. To prevent flooding and erosion from surface flows. 4. To promote ground water recharge. 5. To protect and enhance fish and wildlife habitat and water recreational facilities. -2- • 6. To secure other. benefits associated with the proper management of surface water. 7. To promote and encourage cooperation among member cities in coordinating local surface water plans and to be aware of their neighbor's problems and to protect the public health, safety, and general welfare. The West Mississippi Watershed waters flow through many sub - watersheds directly to the Mississippi River. It is not anticipated that the West Mississippi Watershed will have many capital improvement projects; if they do, it is hereby expressed that the intent of this Agreement is to encourage that the solutions should be handled by agreements between the Cities involved. It is the intent of this Agreement to subject all five cities in the West Mississippi Watershed to a common set of policies and to comply in all respects with the provisions of the Metropolitan Surface Water ;Management Act. • The purpose of this Preface is to clarify and establish for any court of review or any arbitrator or for the elected successors to the representatives who have entered into this agreement the reasons and purpose for this joint and cooperative venture. The parties to this Agreement realize that the success or failure of the West Mississippi Watershed Organization created by this Agreement is dependent upon the sincere desire of each member City to cooperate in the exercise of a joint power to solve joint problems. Each party hereby agrees to be bound by this agreement and pledges its cooperation. _3_ JOINT AND COOPERATIVE AGREEMENT The parties to this agreement are governmental units of the State of Minnesota, all of which have lands which drain surface water within the West Mississippi Watershed and all of which have power and responsibility to construct, reconstruct, extend and maintain storm drainage facilities to improve water quality, to promote ground water recharge, and to protect, promote and preserve water resources within the Watersheds. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes` 1982, Sections 471.59 and 473.875 to and including Section 473.883. NAME L The parties hereto create and establish the West Mississippi Watershed Manage- ment Commission. GENERAL PURPOSE • EL The general purpose of this agreement is to provide an organization which can investigate, study, plan and control the construction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creek channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part, drainage systems within the watershed area; to do whatever is necessary to assist in water conservation and the abatement of water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. In addition to the aforestated purposes, the organization hereby created shall serve as the Watershed Management organization for the West Mississippi Watershed and shall carry out all the duties and responsibilities outlined in Minnesota Statutes, Section 473.875 through 473.883, both inclusive. -4- DEFINMONS III. For the purposes of this agreement, the terms used herein shall have the meanings as defined in this article. Subdivision 1. "Commission" means the organization created by this agreement the full name of which is "West Mississippi Watershed Management Commission ". It shall be a public agency of its members and a watershed management organization as defined in Minnesota Statutes, Section 473.877. Subdivision 2. "Board" means the board of commissioners of the Commission, consisting of one commissioner or one alternate commissioner from each of the governmental units which is a party to this agreement and which shall be the governing- body of the Commission. Subdivision 3. "Council" means the governing body of a governmental unit which is a member of this Commission. Subdivision 4. "Governmental TTnit" means any city, county or town. Subdivision 5. "Member" means a governmental unit which enters into this agreement. Subdivision 6. "West Mississippi Watershed" means the area generally contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and designated as the Upper Mississippi River Watershed in Figure 39 "Twin City Metropolitan Area Watershed for Surface Water Management" as published by the Metropolitan Council and lying Westerly of the Mississippi River, and within the mapped areas delineated on the map filed with the Water Resources Board pursuant to Minnesota Statutes, 473.877 Subd. 2 except as follows: All areas in the City of Minneapolis and City of Dayton are excluded, and all areas in the City of Champlin which are not included in the Elm Creek Watershed area shall be .included as a part of this Watershed Management Organization. MEMBERSHIP IV. The membership of the Commission shall consist of all of the following govern- mental units: City of Brooklyn Center City of Brooklyn Park City of Champlin City of Maple Grove City of Osseo No change in governmental boundaries, structure or organizational status shall affect the eligibility of any governmental unit listed above to be represented on the • Commission, so long as such governmental unit continues to exist as a separate political subdivision. BOARD OF COMMISSIONERS V . Subdivision 1. The governing body of the Commission shall be its Board. Each member shall be entitled to appoint one representative on the board, and one alternate who may sit when the representative is not in attendance and said representative or alternate representative shall be called a "Commissioner ". Subdivision 2. The 'council of each member shall determine the eligibility or qualification of its representative on the Commission but the terms of each Com- missioner shall be as established by this agreement. Subdivision 3. The term of each rommissioner and Alternate Commissioner appointed by each member shall be three years and until their successors are selected and qualify and shall commence on February '1, except that the terms of the Com- missioners first appointed shall commence from the date of their appointment and shall terminate as follows: a. The Commissioners appointed by the Cities of Brooklyn Center and Brooklyn Park shall terminate on February 1, 1985. b. The Commissioners appointed by the Cities of Champlin and Maple Grove shall terminate on February 1, 1986. e. The Commissioner appointed by the City of Osseo shall terminate on February 1,.1987: Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the governmental unit of the member who appointed said Commissioner. Subdivision 4. The council of each member agrees that its representative commissioner will not be removed from the Board prior to the expiration of his term, unless said Commissioner consents in writing or unless said council has presented the Commissioner with charges in writing and has held a public hearing after reasonable notice to the - Commissioner. A certified copy of the Council's Resolution removing said Commissioner shall be filed with the Secretary of the Board of Commissioners and shall show compliance with the terms of this section. Subdivision 5. Each member shall within 30 days of appointment file with the Secretary of the Board of Commissioners a record of the appointment of its Com- missioner and its Alternate Commissioner. Subdivision 6. Commissioners shall serve without compensation from the Com- mission, but this shall not ` prevent a governmental unit from providing compensation for its Commissioner for serving on the board, if such compensation is authorized by • such governmental unit and by law. Commission funds may be used, to reimburse a Commissioner or Alternate Commissioner for expenses incurred in Commission business and authorized by the Board. Subdivision 7. At the first meeting of the Board and in February of each year thereafter, the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. At the organizational meeting or as soon thereafter as it may be reasonably done, the Commission shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Commission provided that a ten day prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent; a majority vote of all eligible votes of the . then existing members of the Commission shall be sufficient to adopt any proposed amendment to such rules and regulations. POWERS AND ' DUTIES OF THE BOARD VL Subdivision 1. The Commission, acting by its duly appointed Board of Com- missioners, shall as it relates to flood control, water quality, ground water recharge and water conservation and other duties as set forth in Chapter 509, Minnesota Laws of 1982 and construction of facilities for the West Mississippi Watershed, have the powers and duties set out in this article. Subdivision 2. It may employ such persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full time, part time or consulting basis as the Board determines and shall be considered Commission staff. • -8- Subdivision 3. It may contract for.spaee and for material and supplies to carry on its activities either with a member or elsewhere. Subdivision 4. It may acquire necessary personal property to.carry out its powers" and its duties. Subdivision 5. It shall develop an overall plan containing a capital improvement program within a reasonable time after qualifying, and said plan shall meet all of the requirements as established in Minnesota Statutes, Section 473.878. Said overall plan shall establish a comprehensive goal for the development of the West Mississippi Watershed and shall establish a proposed procedure for accomplishing the purposes - of the organization as set forth in Article U. In preparing the overall plan, the board may consult with the engineering and planning staff of each member governmental unit. It may consult with the Metropolitan Council and other public and private bodies to obtain and consider projections of land • use, population growth, and other factors which are relevant to the improvement and development of the West Mississippi Watershed. Said overall plan shall include the location and adequacy of the outlets or outfalls of subtrunks and subdistricts within the West Mississippi Watershed. The plan shall include the quantity of storage facilities and the sizing of an adequate outlet for all subtrunk, subdistrict and branch lateral storm sewers. Upon completion of the overall plan, each member shall be supplied with a copy of the proposed plan and the plan shall be submitted for review and comment to Hennepin County and the Hennepin Soil and Water Conservation District. All govern- mental units which expect that substantial amendment of its local comprehensive plan will be necessary in order to bring their local water management into conformance with the C'ommission's watershed plan shall describe as specifically as possible, the -9- amendments to the local plan which it expects will be necessary. The - Commission shall hold a public hearing after 60 days mailed notice to the clerk of each member governmental unit. The mailed notice of the hearing shall be sent at the same time the plan is submitted to the members and to other governmental agencies. After such public hearing, the board shall prescribe the overall plan which shall be the outline for future action by the Commission. The Commission shall then submit the plan, any comments received and any appropriate amendments to the plan to the Board of Commissioners of Hennepin County. The County shall approve or disapprove projects in the capital improvement programs which may require the provision of county funds pursuant to Minnesota Statutes Section 112.60 Subd. 2 or Section 473.883. The County shall have 60 days to complete its review. if the County fails to complete its review within 60 days the plan and capital improvement programs shall be deemed approved. . After completion of the review by Hennepin County, the plan and capital improvement programs shall be submitted to the Metropolitan Council for its review. After completion of the review by the Metropolitan Council pursuant to Minnesota Statutes, Section 473.175, the Commission shall submit the plan to the Minnesota Commissioner of Natural Resources and the Minnesota Pollution Control Agency for review and comment on the consistency of the plan with state laws and rules relating to water and related land resources and to the Minnesota Water Resources Board for review as provided in Minnesota Statutes, Section 112.46, After return of the plan, a copy of the plan shall be submitted to each of the members together with all comments of the reviewing authorities. The .Commission shall wait for at least 30 days for comments from its members. -10- The Commission shall adopt the overall plan within 120 days after approval of the plan by the Minnesota Water Resources Board. The Commission shall then implement the approved plan and approved capital improvement program by resolution of the Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a favorable vote of 2 /3rds of all eligible votes of the then existing members of the Commission for the West Mississippi Watershed. A copy of the adopted plan -shall be filed with the Clerk of each member governmental unit. Upon notice and hearing as provided for in adopting the overall plan, said plan may be amended by the Board on its own initiative or on the petition of any member governmental unit. The review provisions set forth in this section are those required by Minnesota Statutes, Section 473.878. If the law is amended, approvals shall be as required by law and the provisions contained in this section shall be amended accordingly. Subdivision f. It shall make necessary surveys or utilize other reliable surveys and data and develop projects to accomplish the purposes for which the Commission is organized. Subdivision 7. It may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision S. It may order any member governmental unit or units to construct, clean, repair, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain, storm sewer, water course, natural or artificial, within the West Mississippi Watershed. Subdivision 9. It may order any member governmental unit or units.to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements necessary to implement the overall plan. -11- • Subdivision 10. It shall regulate, conserve and control the use of storm and surface water within the Watershed. Subdivision 11. It may contract for or purchase such insurance as the board deems necessary for the protection of the Commission. Subdivision 12. It may establish and maintain devices for acquiring and recording hydrological and water quality data within the Watershed. Subdivision 13. It may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. - The Commission shall be liable for actual damages resulting therefrom but every person who claims damages shall serve the Chair or Secretary of the Board of Commissioners with a Notice of Claim as required by Chapter 466.05 of the Minnesota Statutes. Subdivision ,14. It shall provide any member governmental unit with technical data or anv other information of which the Commission has knowledge which will assist • the governmental unit in preparing land use classifications or local water management plans within the watershed. Subdivision 15. It may provide legal and technical assistance in connection with litigation or other proceedings between one or more of its members and any other political subdivision, commission, board or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the Watershed. The use of commission funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing members of the Commission. Subdivision 16. It may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the manner and subject to the laws of Minnesota applicable to statutory cities. -12- Subdivision 17. it may collect monies, subject to the provisions of this agreement, from its members, Hennepin County and from any other source approved by a majority of its board. Subdivision 18. It may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefor in the manner hereinafter provided. Subdivision 19. It shall cause to be made an annual audit of the books 'and accounts of the commission and shall make and file a report to its members at least once each year including the following information: a. the financial condition of the commission; b. the status of all commission projects and work within the watershed; C. the business transacted by the commission and other matters which affect the interests of the commission. Copies of said report shall be transmitted to the clerk of each member governmental unit. Subdivision 20. Its books, reports and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 21. It may recommend changes in this agreement to its members. Subdivision 22. It may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minnesota Statutes, Sections 473.875 through 473.883. Subdivision 23. It shall cooperate with the State of Minnesota, the Commissioner` of Natural Resources and the Director of the Division of Waters, Soils and Minerals of the Department of Natural Resources in complying with the requirements of Chapter 105 of the Minnesota Statutes. -13- Subdivision 24. Each member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. Subdivision 25. It may define and designate subtrunk and subdistricts within the watershed and shall have authority to separate the watershed into different subtrunk and subdistricts and to allocate capital improvement costs to a subtrunk or subdistrict area if that district is the only area that benefits from the capital improvement. METHOD OF PROCEEDING VII. Subdivision 1. The procedures to be followed by the board in carrying out the powers and duties set forth in Article VI, Subdivisions 5, 6, 7, 8, 9, and 10, shall be as set forth in this article. Subdivision 2. The Board shall immediately proceed to prepare the overall plan as set forth in Article VI, Subdivision 5. Upon adoption of said overall plan, the Board shall proceed to implement said plan, and this implementation may be ordered by stages. Subdivision 3. The location and adequacy of the outlets for the subdistrict and subtrunks within the West Mississippi Watershed shall be determined and the Commission shall then prepare plans which will provide capacity to outlet the surface waters which will be collected within the Upper Mississippi Watershed. In determining the necessary capacity for said outlets, the Commission shall take into consideration the quantity of land within the watershed which each member governmental unit has to pond or act as a reservoir for surface waters. It shall consider only lands which are under public ownership or under public control and that will be perpetually dedicated to acting' as a reservoir for surface waters. The commission may require from each -14- member governmental unit a commitment in writing of the lands which shall be so dedicated, including a legal description of the gross area and the capacity in acre feet of water storage. No project which will channel or divert additional waters to subdistrict and subtrunks "which` cross municipal boundaries shall be commenced by any member governmental unit prior to approval of the board of the design of an adequate outlet or of adequate storage facilities. The adequacy of said outlet shall be determined by the board after consultations with its professional engineers. Subdivision 4. All construction, reconstruction, extension or maintenance of outlets for the various subdistrict and subtrunks, including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water or storm sewer system which involve construction by or assessment against any member governmental unit or against privately or publicly owned land within the watershed shall follow the statutory procedures outlines in Chapter 429 of the Minnesota Statutes except as herein modified. The Board shall secure from its engineers or some other competent person a report advising it in a preliminary way as to whether the proposed improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended and the proposed allocation of costs between members. The Commission shall have authority to separate the watershed into subtrunks or subdistriets if the capital improvement project and costs only benefit a subtrunk or subdistrict area. If the Commission determines that a capital improvement and capital cost benefits only a subtrunk or subdistrict area it may so designate that said area shall be responsible ' for said costs and may allocate the costs to said area or areas rather than to the entire watershed. -15- The Board shall then hold a public hearing on the proposed improvement after mailed notice to the clerk of each member governmental unit within the Watershed. The Commission shall not be required to mail or publish notice except by said notice to the 'clerk. Said notice shall be mailed not less than 45 days before the hearing, shall state the time and place of the hearing, the general nature of the improvement, the estimated total cost and the estimated cost to each member governmental unit. The board may adjourn said hearing to obtain further information, may continue said hearing pending action of the member governmental units or may take such other action as it deems necessary to carry out the purposes of this Commission. To order the improvement, in accordance with the powers and duties established in' Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order shall require a favorable vote by two - thirds of all eligible votes of the then existing board of the Commission. The order shall describe the improvement, shall allocate in percentages the cost allocation between the member governmental units, shall designate the engineers to prepare plans and specifications, and shall designate the member who will contract for the improvement in accordance with Subdivision 7 of this Article. After the board has ordered an improvement it shall forward to all member governmental units an estimated time schedule for the construction of said improvement. The board shall allow an adequate amount of time, and in no event less than 45 days, for each member governmental unit to conduct hearings, in accordance with the provisions of the aforestated Chapter 429 or the charter requirements of any city, or to ascertain the method of financing which said member governmental unit will utilize to pay its proportionate share of the costs of the improvement. Each member governmental unit shall ascertain within a period of 90 days the method it shall use to pay its proportionate share of the costs. -I6- If the Commission proposes to utilize Hennepin County's bonding authority as • set forth in Minnesota Statutes, Section 473.883, or if the Commission proposes to certify all or any part of a capital improvement to Hennepin County for payment, then and in that event all - proceedings shall be carried out in accordance with the provisions set forth in said Section 473.883. Subdivision 5. The board shall not order and no engineer shall be authorized by the board to prepare plans and specifications before the board has adopted a resolution ordering the improvement. The board may order the advertising for bids upon receipt of notice from each member governmental unit who will be assessed that it has completed its hearing or determined its method of payment or upon expiration of 90 days after the mailing of the preliminary report to the members. Subdivision 6. Any member governmental unit being aggrieved by the determi- nation of the board as to the allocation of the costs of said improvement shall have 30 days after the commission resolution ordering the improvement to appeal said determination. Said appeal shall be in writing and shall • be addressed to the board asking for arbitration. The determination of the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief -Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, • together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of the board's order to construct, clean, repair, alter, reclaim or change the course or terminus of any ditch, drain, storm sewer, watercourse, or to acquire, operate, construct or maintain clams, dikes, reservoirs or their appurtenances or to carry out any of the other provisions of the plan as authorized by Minnesota Statutes, Section 473.879, and for which two or more member governmental units shall be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be • let by any one of the member governmental units, as ordered by the Board of Commissioners, after compliance with the statutes. All contracts and bidding procedures shall comply with all the requirements of law applicable to contracts let by a statutory city in the State of Minnesota. The Commission shall not have the authority to contract in its own name for any improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City charter. This section shall not preclude the Commission from proceeding under Minnesota Statutes, Section 473.883. Subdivision 8. Contracts with Other Governmental Bodies. The Commission may exercise the powers set forth in Article VI, Subdivision 7, but said contracts shall require a favorable vote of two- thirds majority of the eligible votes of the then existing members of the Commission. -18- • Subdivision 9. Supervision. All improvement contracts awarded under the provisions of Subdivision 7 of this Article shall be supervised by the member govern- mental unit awarding said contract or said member governmental unit may contract or appoint any qualified staff member or members of the Commission to carry out said supervision, but each member agrees that the staff of this Commission shall be authorized to observe and review the work in progress and the members agree to cooperate with the Commission staff in accomplishing the purposes of this Commission. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The staff of this Commission shall report, advise and recommend to the board on the progress of said work. Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent domain. The member governmental units agree that any and all easements • or interest in land which are necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the unit wherein said lands are located, and each member agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of said acquisition will not be included in the improvement costs of the ordered project. The board in determining the amount of the improvement costs to be assessed to each member governmental unit may take into consideration • -19- the land use for which said additional lands are being acquired and may credit the acquiring municipality for said land acquisition to the extent that it benefits the other members of this agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the board if feasible and necessary may defer said credits to a future project. If any member unit refuses to negotiate or -condemn lands as ordered by the board, any other member may "negotiate or condemn outside its corporate limits in accordance with the aforesaid Chapter 117. All members agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the West Mississippi Watershed except upon order of the board of this Commission. The - Commission shall have authority to establish land acquisition policies as a part of the overall plan. The policies shall be designed to equalize costs of land throughout the watershed. Subdivision 11. Pollution Control And Water Quality. The Commission shall ' have the authority and responsibility to protect and improve water quality in the watershed as this is one of the main purposes set forth in the Surface Water Management Act. All member governmental units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes into any watercourse or storm sewer draining into the Mississippi River. The board may investigate on its own initiative and shall investigate upon petition of any member all complaints relating to pollution of the Mississippi River or its tributaries. Upon a finding that the creek or surface waters are being polluted, the board shall order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to _assist in protecting and improving the water quality of surface water in the watershed. -20 Subdivision 12. Local 'Water Management Plans. The Commission shall have power and authority to review the members' local water management plans, capital improvement programs and official controls required by Minnesota Statutes 473.879.' The members also understand that the overall plan and capital improvement program required for the entire watershed must consist of the local parts in the plan and therefore every effort shall be made by the Commission to coordinate the local plans with the watershed's overall plan. The members further understand and agree that upon completion and approval of the overall plan required by Minnesota Statutes 473.878, each member will be required to present their local. management plan to the Commission as required by Minnesota Statutes, Section 473.879. It is therefore important that each member provide the Commission with their best effort to coordinate and plan for the individual member's local plan at the same time the watershed overall plan is being assembled. FINANCES VaL Subdivision 1. The Commission funds may be expended by the board in accordance with this agreement and in accordance with the procedures as established by law and in the manner as may be determined by the board. The board shall designate one or more national or state bank or trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive deposits of public moneys and to act as depositories for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two board members, one of whom shall be the Treasurer or his Authorized Deputy Treasurer. The Treasurer shall be required to file with the 'Secretary of the board a bond in the sum of at least $10,000 or such higher amount as shall be determined by the board. The Commission shall pay the premium on said bond. -21- Subdivision 2. Each member agrees to contribute each year_ to a general fund, said fund to be used for general administration purposes including, but not limited to: j salaries rent supplies, development of an overall plan, engineering and legal expenses, � � uPP � P P � g g g P , insurance, bonds, and to purchase and maintain - devices to measure _hydrological and water quality data. Said funds may also be used for normal maintenance of the facilities, but any extraordinary maintenance or repair expense shall be treated as an improvement cost and processed in accordance with Subdivision 4 of this Article. The annual contribution by each member shall be based fifty percent (50 %) on the assessed valuation of all property within the Watershed and fifty percent (50%) on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the Upper Mississippi Watershed governed by this Agreement. In no event shall any assessment require a contribution for general fund purposes to exceed one -half of a mill on each dollar of assessed valuation within the watershed. • Subdivision 3. (a) An improvement fund shall be established for each improvement project instituted under Article VII, Subdivision 3. Each member agrees to contribute to said funds its proportionate share of the engineering, legal and administrative costs as determined by the Commission as the amount to be assessed against each member as a cost of the improvement. The board shall submit in writing a statement to each member, setting forth in detail the expenses incurred by the Commission for each project. Each member further agrees to pay to or contract with the member governmental unit awarding said contract for the improvement, its proportionate share of the cost of the improvement in accordance with the determination of the board under Article VII, Subdivision 4. The member awarding the contract shall submit in writing copies • -22- of the engineer's certificate authorizing payment during construction and the member • being billed agrees to pay its proportionate share of said improvement costs within 30 days after receipt of the statement. The member awarding the contract shall advise other contributing members of the tentative time schedule of the work and the estimated - times when the contributions shall be necessary. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, the Commission may by a vote of 2 /3rds of all eligible votes of the then existing members of the Commission decide to proceed to fund all or any part of the cost of a capital improvement contained in the capital improvement program of the plan pursuant to the authority and subject to the provisions set forth in Minnesota Statutes, Section 473.883. It is expressed as a goal of this Agreement that cost sharing of capital improvement costs be assigned and agreed to by members pursuant to Article VIII, Subdivision 5, Subsections 1. and 2 of this Agreement. Without such agreement, all • improvements will be constructed pursuant to Minnesota Statutes, Section 473.883. The Commission and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Hennepin County pursuant to Minnesota Statutes, Section 473.883. The levy and collection of an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy resolution adopted by a 2 /3rds vote of all eligible members of the Commission and remitted to the County on or before October 10th of each year. If it is determined to levy for maintenance, the Commission shall be required to follow the hearing process established by Minnesota Statutes, Section 112.611 and acts amendatory thereof and in addition thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days prior to the hearing. • -23- • Subdivision 4. On or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall require a favorable vote by two - thirds of all eligible votes of then existing members of the Board. The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees it will review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and may, upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or amendments. Each member agrees to provide the funds required by the budget and said • determination shall be conclusive if no member enters objections in writing on or before August 1. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications or amendments to the original budget require - a favorable vote by a majority of all eligible voters of then existing members of the Board. The budget shall not in any event require any member to contribute in excess of one -half of a mill on each dollar of assessed valuation of all taxable property within the watershed and within said members corporate boundaries. The schedule of payments by the members shall be determined by the board in such a manner as to provide for an orderly collection of the funds needed. -24- Upon notice and hearing, the board by a favorable vote of three- fourths of all eligible votes of then existing members may adopt a supplemental budget requiring additional payments by the members within 60 days of its adoption but in no event shall the budget require any member to contribute in excess of one -half of a mill on each dollar of assessed valuation of all taxable property within the watershed or within any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 473.882, which authorized a Watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and /or normal and routine maintenance of facilities. Subdivision 5. Cost Allocation. The Commission shall apportion to the respective members on either (1),(2), or (3) of the following bases: (1) A negotiated amount to be arrived at by the members who have lands in • the subdistrict. It is anticipated that most capital improvements will be made under this provision; or (2) (a) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the real property valuation of each member within the boundaries of the watershed each year to the total real property valuation in the West Mississippi Watershed area governed by this Agreement. (b) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the total area of each member within the boundaries of the watershed each . ,year to the total area in the Upper Mississippi Watershed governed by this Agreement. 25- (c) Capital costs allocated under the 50% area 50% assessed valuation formula herein set forth may be varied by the Commission by a 3J5ths vote if: (1) any member community receives a direct benefit from the capital improvement which benefit can be defined as a lateral as well as a trunk benefit, or (2) the capital improvement provides a direct benefit to one or more members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (d) Credits to any member for lands acquired by said member to pond or store storm and surface water shall be allowed against costs set forth in Subsections (a), (b) and (c) of this Section. (3) If agreement is not reached to proceed as set forth in Subsection 1 or 2 of this Subdivision and if the project is constructed and financed pursuant to Minnesota Statutes, Section 473.883, the members understand and agree that said costs will be levied on all taxable property in the watershed as set forth in the statute: Subdivision 6. The members agree to contribute a total of $15,000 as the organizational expense fund and to provide for the operating budget in the calendar year 1984. Each member governmental unit shall contribute its proportionate share_ based fifty percent (50 %) on the assessed valuation of all property within the watershed` and fifty percent (50 %) on the basis of the total area of each member within the boundaries of the watershed. MISCELLANEOUS PROVISIONS IA. Subdivision 1. The Commission shall not have the power to issue certificates, warrants or bonds. Subdivision 2. The Commission shall not have the power of eminent domain and shall not own any interest in real property. All interests in lands shall be held in the name of the corporate member wherein said lands are located. -26- Subdivision 3. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be levied by the member wherein said lands are located. It shall have the power to require any member to contribute the costs allocated or assessed according to the other provisions of this agreement. Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert any additional surface water to the Mississippi River or its tributaries from any subdistrict or subtrunk without a permit from the Board of Commissioners. Permits may be granted by the board for a member to proceed with the construction or reconstruction of improvements within the individual corporate members' boundaries and at its sole cost upon a finding: (1) that there is an adequate outlet; (b) that said construction is in conformance with the overall plan; • (c) that the construction will not adversely affect other members of this agreement. Subdivision 5. Any member who is more than 60 days in default in contributing its share to the general fund shall have the vote of its board member suspended pending the payment of its proportionate share. Any member who is more than 60 days in default in contributing its proportionate share of the cost of any improvement to the contracting member shall upon application of the contracting member have the vote of its board member suspended, pending the payment of its proportionate share. Any board member whose vote is under suspension shall not be considered as an eligible member as such membership affects the number of votes required to proceed on any matter under consideration by the board. -27- Subdivision 6. Enforcement. Members agree to be bound by the determination of the Commission and agree to use their best efforts to carry out directives from the Commission; failure to respond may result in a legal action by the Commission to require the member to act under a court order. DURATION X. Subdivision 1. Each member agrees to be bound by the terms of this agreement until January 1, 2005, and it may be continued thereafter at the option of the parties. Subdivision 2. This agreement may be terminated prior to January 1, 2005, by the unanimous consent of the members. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any member may petition the board to dissolve the agreement. Upon 30 days notice in writing to the clerk of each member governmental 'unit, the board shall hold a . hearing and upon a favorable vote by three - fourths of all eligible votes of then existing board members, the board may by Resolution recommend that the Commission be dissolved. Said Resolution shall be submitted to each member governmental unit and if ratified by three- fourths of the councils of all eligible members within 60 days, said board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. DISSOLUTION XL Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. i . -28- EFFECTIVE DATE XIL This agreement shall be in full force and effect upon the filing of a certified copy of the resolution approving said agreement by all five members for the West Mississippi Watershed area to be governed by this Agreement. Said resolution shall be filed with the City Manager of the City of Brooklyn renter, who shall notify all members in writing of its effective date and set a date for the board's first meeting. Said first meeting shall take place at Brooklyn Center City Hall within 30 days after the effective date and shall be called by the Brooklyn Center City Manager. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes 471.59. -29- t Approved by the City Council CITY OF BROOKLYN CENTER 1984 By Its By Its Approved by the City Council CITY OF BROOKLYN PARK 1984 By Its By Its Approved by the City Council CITY.OF CHAMPLIN 1984 B Its By Its Approved by the City Council CITY OF MAPLE GROVE 1984 By Its sy Its Approved by the City Council CITY OF OSSEO 1984 By Its By Its -30- Member introduced the following resolution and l i 'moved its adoption: sRESOLUTION NO. RESOLUTION APPROVING PRIVATE SALE OF ONE PARCEL OF LAND ON CLASSIFICATION LIST "664 -NC" WHEREAS, the City Council of the City of Brooklyn Center has received from the County of Hennepin, a list of lands in Brooklyn - Center which became the property of the State of Minnesota for nonpayment of real estate taxes, which has been designated as Classification List No. 664 -NC; and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of Commissioners of'Hennepin County, Minnesota, as nonconservation land and the sale thereof has heretofore been authorized by said Board of Commissioners; and WHEREAS, the Director of Planning and Inspections has advised the City Council that the following described parcel is not a buildable site in accordance with applicable provisions of the Brooklyn Center City Code: Property Identification No. Description 33- 119 -21 -43 -0074 Outlot 1, Bergstrom's Lynside Manor 3rd Addition NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, acting pursuant to Minnesota Statute 282, that said classification as nonconservation land be and the same is hereby approved with respect to said parcel. BE IT FURTHER RESOLVED that said land is hereby approved for sale to the owner of an 'adjacent property in accordance with Minnesota Statutes relating to the sale of unbuildable parcels of land. 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. r f /tool s68t _ N W •P 0 0) 30 -t co c0 -0 _ w Iw1A ir v w ...• <. ....� .. 1 . •s'0 wo - 1 . J i N� 1o ! 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V�•t.'�.: `_«y?,•:,. ."1 .,•�, �: C AVE ,r:..• �_. r%• �. :- yY 5° .�� - . r �/ _ . 40 ir.� ,. / y '� �.:� '�S• 1 1t:'I •� "•i � �, •. :{ _ ,.': �" I I .r •a o V 1• ' ! l • / '� �• :fir 1• i •.'>tr �••^ ° J �'' '� cp ` SCOT - - - -- -- AVE— . •, r� SCOTT ` �r-- �' - ,, r A 1 • ._ '�.. v j U • r �' • "p,f • �, tY ! ~ - MINUTES OF THE PROCEEDINGS OF THE PLANNING CCMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 1, 1984 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:36 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mary Simmons, Nancy Manson, • Lowell Ainas and Mike Nelson. Also present were 'Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - FEBRUARY 16, 1984 Motion by Commissioner Malecki seconded by Commissioner Simmons to approve the minutes of the February 16, 1984 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Ainas and Nelson. Voting against: none. Not voting: Commissioner Manson. APPLICATION NOS. 84004 AND 84005 (Oliver Stoutland) Following the Chairman's explanation, the Secretary introduced the first two items of business, a request for a special use permit to conduct a drafting business in the basement of the home at 3118 Lawrence Road involving one nonresident employee and a request for a variance from Section 35 -406 of the Zoning Ordinance to allow up to three nonresident employees in the home occupation. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Applications Nos. 84004 and 84005 attached). The Secretary concluded by saying that home occupations, by definition, are to be secondary and incidental uses in residential districts. He stated that, if the Planning Commission recommends an ordinance amendment, a finding should be made that additional employees would still be secondary and incidental to the primary use of the premises which is residential. Chairman Lucht asked the applicant whether he had anything to add. Mr. Stoutland stated that he wished to expand on the reasons for requesting additional employees. Mr. Stoutland explained that the economic downturn had affected the steel industry which his drafting firm services. He explained that the steel industry used to include fabricating, estimating and drafting along with a sales force all under one company roof. He stated that the pattern is now to farm out the fabricating work and the drafting work and that estimating is done by freelancers with a minimal number of functions under the company roof. He explained that all these functions are carried on by smaller companies and he stated that his drafting firm could not compete with other small drafting companies that worked out of private homes. He stated that the hardship is personal in this case and not physical Chairman Lucht stated that the Commission certainly sympathized with the economic circumstances faced by Mr. Stoutland. He added, however, that the Commission is concerned with physical aspects and land use. Mr. Stoutland again described the problems of a shrinking market for the services his company renders, Commissioner Simmons acknowledged those problems, but stated that Mr. Stoutland was asking for the Commission to breach the separation between residential and commercial uses. She stated that this kind of action would erode the separation which is the very foundation of zoning. She stated that people would buy houses just to put businesses in them and that residential neighborhoods would no longer be residential. 3 -1 -84 -1- Chairman Lucht stated that, if additional employees °were approved in this case,; they es o us such as beauty shops, offices:, etc. would certainly be entitled to extra employees also. He pointed out that the impact would be greater in those cases, but that the precedent would have been set with this one. The Secretary stated that the Commission must keep in mind that zoning is based on the City's police power. He explained that the City may establish certain land use districts through zoning and that the zoning ordinance sets up commercial, industrial and residential districts. He explained that the Zoning Ordinance separates single- family districts from multiple - family districts, light industrial from heavy industrial, and retail from service /office. He stated that these finer distinctions went beyond the basic distinction between commercial uses and residential uses. - The Secretary went on to explain that the provision for home occupations is a. compromise between a strict zoning approach and a strict property rights approach. He stated that certain standards and guidelines have been established to evaluate individual home occupation proposals. He explained that the limitation of one nonresident employee is a standard which indicates a level of activity tolerable in a residential district. The Secretary also stated that the Zoning Ordinance originally did not allow nonresident employees, but that it was amended later on to allow up to one. Commissioner Ainas asked Mr. 'Stoutland how many square feet of space he was presently using. Mr. Stoutland explained that he presently used about 600 square feet of office space and that he would be providing about 400 square feet in the basement of his residence. PUBLIC HEARING (Application Nos. 84004 and ; 84005) Chairman Lucht then opened the meeting for a public hearing on both the special use permit and variance applications. Mr. David Sedgeman of 3117 Lawrence Road explained that Mr. Stoutland's property is located at the beginning of a curve. He stated that it would be difficult to get in and out of his driveway if parking associated with the home occupation were allowed on- street He also talked about the increased difficulty of getting around such cars during the winter time when snow narrowed the street.' Commissioner Simmons pointed out that the approval of the home occupation would stipulate that no on- street parking is allowed. " Mr. William Gibson of 3112 Lawrence Road stated that he had no objection to the home occupation as long as all parking were conducted off - street. He clarified that he had no objection to three employees either. Mr. Richard Mero of 3201 Lawrence Road stated that he agreed with the Planning Commission. He explained that he had watched the evolution of Osseo Road into a commercial strip and did not want such commercialization to extend into the residential neighborhood. He stated, however, that he had no problem with the request for one employee. CLOSE PUBLIC HEARING Chairman Lucht then asked whether anyone else wished to speak. Hearing none, he called for a motion to close the public hearing. Motion by Commissioner Ainas s seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. 3 -I -84 -2 I ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84004 (Oliver Stoutland) Motion by Commissioner Manson seconded by Commissioner Ainas to recommend approval of `Application No. 84004, subject to the following conditions: 1. The special use permit is issued to the applicant as operator and is P_ P PP nontransferable. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 4. Special use permit approval acknowledges no more than one nonresident employee on the premises at any given time. 5. A 10 lb. fire extinguisher shall be installed in the basement work area prior to the issuance of the special use permit. 6. Special use permit approval is subject to completion of any items recommended by the Building Official following inspection prior to City Council consideration. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas j and Nelson. Voting against: none. The motion passed. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 84005 (Oliver Stoutland) Motion by Y Commissioner Ainas seconded b Commissioner Simmons to recommend denial of Application No. 84005 on the grounds that the Standards for a Variance and for a special use permit are not met in this case: Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Nelson. Voting against: none. The motion passed. The Secretary explained that these applications would be considered by the City Council at its March 12, 1984 meeting and that notices would be sent of the time of consideration DISCUSSION ITEM (Critical Area Ordinance) The Secretary then briefly introduced to the Commission a Draft Critical Area Ordinance for their consideration. He explained that the draft was a compilation of regulations from the interim regulations established by the original Executive Order of Governor Anderson in 1976 and from a proposed Critical Area Ordinance developed by the City's Planning Consultant in 1979 He stated that staff had modified the orginal draft and that the Planning Commission now had a second draft to consider. He urged the Commission to study the ordinance and bring back comments at future meetings. Chairman Lucht asked whether there was any change in zoning brought about by the Critical Area Ordinance. The Secretary responded in the negative. He explained the boundary of the Critical Area District and noted that it includes land west of the freeway and east of Camden Avenue North. He stated that staff see no real impact on this land as a result of the ordinance and sought to have this land excluded from the district. He explained,` however, that the State was unwilling to change the boundary line of the Critical Area. 3 -1 -84 -3- Commissioner Simmons asked whether there was any possible impact on the land between the freeway and Camden Avenue North. The Secretary answered that staff and the Commission would have to look at the possibility, but he did not think so. He explained that the ordinance is intended to prevent the overutilization of the river bank and ,protect the aesthetic character of the Mississippi River Critical, Area Corridor. Commissioner Manson inquired about the rest areas and vistas which are referred to in the ordinance. The Secretary explained that the Critical Area does extend throughout the Metropolitan area and that the model ordinance from which these terms were taken probably envisions such areas every so often throughout a larger area. There was a brief discussion regarding the reason for the boundary being established along Camden Avenue instead of further east. The Planning Assistant explained that the ordinance is intended to prevent visual pollution from the river bank area into the River Corridor. He stated that the limitations on the height of buildings and signs would not do much good if the boundary were drawn too close to the river and that, therefore, it extended as far east as Camden. Chairman Lueht noted the provision for phasing out nonconforming signs within seven years after the adoption of the ordinance. He pointed out that there might be signs on the west side of West River Road which would be visible from the east side of the Mississippi River Bank, but which would not have to come down even though they are visible, because they are outside of the district. The ;Secretary agreed. He explained that the phaseout provision mayor may not be legal. He stated that there are some court decisions to support such a provision and some that would refute it. The Secretary briefly explained an upcoming planning application regarding Y Y p pc g P g p commercial access through residential property. Commissioner Simmons stated that she was interested in discussing the matter of accessory apartments again in the future. Chairman Lucht stated that question would also be looked at by the Year 2000 Study Task Force. ADJOURNMENT Motion by Commissioner Simmons seconded by Commissioner Ainas to adjourn the meeting of the Planning` Commission. The motion passed unanimously. The Planning Commission adjourned at 8:54 p.m. O Chairman 3 -1 -84 -4- Planning Commission Information Sheet Application No. 84004 Applicant: Oliver Stoutland Location: 3118 Lawrence Road Request: Special Use Permit The applicant requests special use permit approval to conduct a drafting home occupation with one nonresident employee in the basement of the residence at 3118 Lawrence Road. Under Section 35 -406 of the Zoning Ordinance, any home occupation involving a nonresident employee requires a special use permit. The property in _ question is zoned Rl and 'is surrounded by other single - family homes. The applicant has submitted a letter (attached) in which he describes the opera- tion. He notes that the hours of business would be from 8:00 a.m. to 4 :30 p.m., with some possible overtime, Monday - Friday. Access to the work area in the basement would be via the rear door which leads immediately to the basement. One nonresident employee is requested under this application. (The applicant also seeks two additional employees under Application No. 84005). There is room for two cars in the driveway. Customer traffic is expected to be light. Standard drafting equipment will be used. Printing will be done at a printing service. Staff see no problem with the proposal made under this application. There should be no noise or parking problems'. The level of traffic should also be minimal. Approval is recommended subject to at least the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. - 2. The special use permit is subject to all applicable codes,ordinances and regulations and any violations thereof shall be :grounds for revocation. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. Special use permit approval acknowledges no more than one nonresident employee on the premises at any given time. 5. A 10 lb. fire extinguisher shall be installed in the basement work area prior to the issuance of the special use permit. 3 -1 -84 Planning Commission Information Sheet Application No. 84005 Applicant: Oliver Stoutland; Location: 3118 Lawrence Road Request: Variance The applicant requests a variance from Section 35 -406 of the Zoning Ordinance to ' allow up to three nonresident employees in the drafting home occupation which the subject of Application No. 84004. The applicant has submitted a separate letter pertaining to the variance request (attached). T, that the reason for the variance is that Mr. Stoutland's draftfng company cannot compete in a s rin �nq market i as to pa - Y for professional office s ace in a commercial zoning district: fir. Stout- an expands on the prob ems of the business on secon page C see ttached) Mr. Stoutland also states that he will expand his driveway to accommodate extra cars if the variance is granted. Mr. Stoutland's letter really does not address the Standards for a Variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. _However, the Board shall not recommend and the City Council shall in no case permit as a vari- ance any use that is not permited under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: a. Because of the particular physical surroundings, shape or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere in- convenience, if the strict letter of the regulations were to be carried out. b. The conditions upon which the application for a' variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. c. The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. d. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighbor - hood in which the parcel of land is located. The hardship alleged in this case is not related to physical surroundings, topo- graphy, etc. The conditions of the variance are not unique to this parcel of land and certainly could be applied to any home occupation 'needing more than one employee to be economically viable. The alleged hardship is related to the requirements of the ordinance and was not created by a person having an interest in the parcel of land, however, the ordinance provides only for limited use of the residential property for business purposes. Finally, the granting of the variance may or may not be detrimental to surrounding property depending on the level of traffic and provision for parking. 3 -1 -84 -1- Application No. 84005 continued The requested variance is dissimilar from other variances in that it does not seek relief from a physical dimension requirement, but from a level of activity`require- ment. In a sense, the request is similar to a use variance which is illegal under state. law. However, it does not necessarily amount to a use variance if the employ- ment of three nonresidents in a home occupation can be found to fall within the general understanding of a residential use. At present, it does not. Whether this request is considered a use variance or a standards variance, staff believe it should not be granted. Any relief from the current standard should be accomplished only through an ordinance amendment, if at all. Regarding an ordinance amendment, we would note that the number of children allowed in a day care operation in a single - family home was raised to 10 in 1982. The number of students in group instruction home occupations was also raised to 10 at that time. Perhaps this is an indication that more nonresident employees could also be tolerated. However, employees are often involved in more intense activities than students or children. Would it be appropriate to allow 3 nonresident employees in a small engine repair operation, a barber or beauty service, a saw sharpening service, a day care operation or an insurance business and the like? We recommend that the Commission carefully consider all the implications of any ordinance change and keep in mind that the basic concept behind the home occupation provisions is that the business or profession is clearly incidental and secondary to the resi- dential use of the property. A value judgment has been made in our Zoning Ordinance that more than one employee goes beyond this "incidental and secondary threshold. 3 -1 -84 -2- 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 MARCH 15,1984 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:36 p.m. ROLL CALL Chairman George Lucht, Commissioners Nancy Manson,. Lowell Ainas, Carl Sandstrom and Mike Nelson. Also present were Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross. Chairman Lucht noted that Commissioners Malecki' and Simmons were excused. APPROVAL OF MINUTES - MARCH 1, 1984 Motion by Commissioner Ainas seconded by Commissioner Nelson to approve the minutes of the March 1, 1984 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, and Nelson. Voting against: "none. Not voting: Commissioner Sandstrom. APPL ICATION NO. 84006 (Brookpark Dental Clinic) Following the Chairman's explanation, the Secretary introduced the next item of business, an appeal from a ruling by Planning staff not to accept a`site and building plan proposal involving access to a commercial establishment through residential property. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84006 attached). The Secretary also explained that the property where the Aaron Hoffman office building is located formerly belonged to the clinic which purchased the land and rezoned it for an off- site accessory parking arrangement in addition to an office building. The Secretary also explained the nonconforming status of the residence at 6421 Brooklyn Boulevard and pointed out that the lot, by itself, does not meet the requirements for a C1 development along a major thoroughfare. The Secretary also referred the Commission's attention to Section 35 -314, Subsection l (e) which prohibits a business or industrial accessory use on R5 property. Finally, the Secretary pointed out that off -site accessory parking arrangements are only allowed on commercial and industrial property and that the zoning of the off -site accessory parking property must be as intense or more intense than the zoning of the principal use. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Keith Sjoquist, an architect with Station 19 Architects representing the appellant, explained that the clinic wished to build an addition, but would have to provide more parking. He stated that the only alternative to providing access through Mr. Johnson's property at 6421 Brooklyn Boulevard would be a one -way drive around the' building. He stated that this is not feasible. Mr. Sjoquist explained that Mr. Johnson is not willing to sell his property, but is willing to grant an access easement. He also pointed out that the long -range goal for the Johnson property in the Comprehensive Plan is for a commercial use., Commissioner Nelson asked whether the appellant had, in fact, approached Mr." 3 -15 -84 -l- Johnson about buying the property. Mr. Sjoquist answered in the affirmative. In response to a question from Commissioner Sandstrom, Dr. Swenson, one of the co owners of the dental clinic, stated that Mr. Johnson is simply not interested in selling his property. Commissioner Sandstrom suggested the possibility; of a long_ , term lease. The Secretary explained that the option of leasing the property back to Mr. Johnson had been considered by the staff and the appellant. He explained that such a lease would have to have an early end date. He also expressed concern that the lot would be further commerialized if the access arrangement were allowed. In answer to a question from Commissioner Sandstrom, Mr. Sjoquist stated that the Johnson property is not large enough to develop independently and that Mr. Johnson could not sell the property to anyone else for commercial development. There followed a discussion of the impact on the residential value of the Johnson property if the access arrangement were approved. The Secretary pointed out that, if the access arrangement were approved, Mr. Johnson might simply use the property for a home occupation; however, the property could be bought by someone else who would claim that its use was essentially commercial and might well be successful in a legal action demanding a rezoning to allow a commercial use on the property independent of either the clinic or the office building. f The Secretary commented that although the greatest value of the Johnson property appears to be in combining it either with the Dental Center property or the Hoffman property, the Johnson property is not valueless. He again noted that the property is a legal nonconforming use and as such the residential use of the property can be continued, but not enlarged or expanded and if more than 50% of the structure is destroyed, the property would have to be brought into compliance with the Ordinance. He added that the house still has some residential value and , although some would say it is not desirable residential property, the property could be sold and continued to be used as residential property. He noted that someone might be willing to purchase the property to live in and conduct a home occupation as the current resident does; someone else might want to purchase the property for purposes of renting it out for residential purposes; or someone else might wish to acquire it for use as their own residence. He stated that these are all legal uses of the property. The Secretary further commented that the Dental Center proposal makes the allowed residential use of the property even less desirable and less useable for that purpose. He added that it is this situation which raises concerns on the part of the staff as well He explained that the proper way to deal with this property is to remove the existing nonconforming structure and rezone the property in conjunction with a replatting of the property to combine it with one of the neighboring properties. Mr. Sjoquist asked whether the home occupation special use permit would be transferred to a new owner. The Secretary responded in the negative. Chairman Lucht clarified that a home occupation could still be allowed on a separate basis. The Secretary agreed. The Secretary explained it was his understanding that Mr. Johnson had desired to have his property rezoned to C2 when the Aaron Hoffman property was rezoned in 1975 -76. He explained that the decision at that time was to forego any rezoning of that property until a specific development plan was brought forward. He added that, in the interim, ordinance requirements have changed which would now make it impossible for the Johnson property to meet commercial zoning requirements. Commissioner Sandstrom concluded that the only alternative for the Johnson propertyis for the house to be moved off. The Secretary stated that, if the property were rezoned to commercial, that would be a condition of such a rezoning. , 3 -15 -84 -2 Dr. Swenson stated that he wanted to buy Mr. Johnson' s property, but that Mr. Johnson would not sell it, although he would allow an easement across it for access purposes. He wondered what options there were to bring this situation into 'conformance with the City's Plan, when a person is unwilling to sell his property. Mr. Sjoquist discussed the idea of expanding the dental clinic and the setback difficulties. Chairman Lucht asked what the setback would be for the clinic :next to residential property. The Secretary answered that the requirement is for a 10' setback adjacent to R5 zoned property. Commissioner Manson asked whether new parking would be required for the addition or whether excess parking existed at this time. Mr. Sjoquist explained that additional parking would be needed. Chairman Lucht then polled the Planning Commission as to their feelings regarding the application. Commissioner Manson stated that she felt the single - family home would be devalued if the access arrangement were approved. She also pointed out that, if the access arrangement were approved, it might make it unnecessary for either of the neighboring commercial properties to acquire the Johnson residence. She stated also that she did not feel the ordinance allowed this kind of arrangement in any case. Commissioner Ainas stated that he was trying to think of a solution to the problem, but agreed with the staff recommendation that it would set an improper precedent to approve the proposal. Chairman Lucht stated that his concern was over the precedent that would be set for other nonconforming uses if this access arrangement were allowed. Commissioner Sandstrom stated that the City would not be doing Mr. Johnson a favor if it approved the arrangement. The Secretary observed that the Planning Commission apparently does not feel that the proposed access arrangement in general should be approved. He stated that there are few options to addressing the situation. He explained that it might be possible for the City's HRA to condemn Mr. Johnson's property for redevelopment purposes. He stated that this may be the only other effective option for allowing the clinic to expand. He added that, for the City to get involved in this kind of condemnation, there needs to be a policy adopted toward other nonconforming residences. He asked the Planning Commission if it had any feelings regarding such an HRA policy. Chairman Lucht stated that there has been discussion by the Chamber of Commerce that such a policy should be pursued. Following a brief discussion of other nonconforming residences in the City; Mr. Sjoquist asked about the possibility of a parking variance being granted on the basis of a survey of the parking demand at the clinic. The Planning Assistant stated that he did not favor an approach where the parking requirement for individual uses would have to be established on a case -by -case basis by such surveys. He stated that, if the City's medical and dental parking requirement can be shown to be excessive generally, then the ordinance should be amended to allow some relief in this area. The Secretary added that the clinc could apply for a such a variance and pursue a change in the ordinance through that vehicle. He stated tht he did not think a variance would likely be granted because the situation is not ;_unique, because there is no hardship related to physical characteristics of the = e land, and because the difficulty in expanding was caused by someone who had an interest in the property putting the building in a poor location. Chairman Lucht agreed and pointed out that the Planning Commission has granted very few variances over the last several years and has tended to amend the ordinance instead. 3 -15 -84 -3- Commissioner Sandstrom asked what was the history of the parking demand at the clinic. Mr. Swenson stated that the parking lot is not full. He stated that this was probably because the hours that the clinic operates have been spread out ' from early in the morning until later in the evening. Commissioner Ainas asked whether the applicant had considered the feasibility of providing parking on an upper level of the building s an alternative to purchasing the Johnson property. Mr. S'o uist g p g Jo J 4 answered that the cost d r o t woul be prohibitive. Chairman Lucht asked the Commission if there was any message that it wanted to send to the HRA as to whether condemnation should be considered. Commissioner Sandstrom stated the opinion that there was no other way to redevelop Brooklyn Boulevard. The Secretary stated that it was probably a matter of time. He added that the Boulevard might be redeveloped privately at a later date. Chairman Lucht noted that such a redevelopment policy would be a subject of The Year 2000 Task Force. Commissioner Sandstrom asked whether the applicant could initiate such a policy review. The Secretary stated that it was up to the HRA to address the policy question of whether it wishes to get into the business of acquiring and redeveloping property along the Boulevard. ACTION RECOMMENDING DENIAL OF APPLICATION No. 84006 (Brookpark Dental Clinic) Motion by Commissioner Manson seconded by Commissioner Ainas to recommend denial of Application No. 84006 and uphold the staff's ruling not to accept a site and building plan proposal involving access to a commercial establishment through residential property because the appellant's proposal conflicts with City ordinance and because the implications of the access arrangement sought by the appellant would be negative for the property at 6421 Brooklyn Boulevard. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom and Nelson Voting against: none. The motion passed. OTHER BUSINESS (Welcome Community Home) The Secretary stated that Mr. Jim Just had been contacted regarding his intention to pursue the expansion of the Welcome Community Home. He stated that Mr. Jim Just had asked for an indefinite tabling of the matter. He stated that such a tabling should continue only through the year,1984 before the application should be closed out. ACTION TABLING APPLICATION 1!0. (Welcome Community Home) Motion by Commissioner Sandstrom seconded by Commissioner_ Manson to table Appliction No. 84003 indefinitely at the applicant's request. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, and Nelson. Voting against none. The motion passed. There followed a brief discussion regarding the possibility of an HRA redevelopment` policy. Commissioner Sandstrom asked whether there would be an advantage to such a policy. The Secretary stated that the City has in the past reacted to development' proposals and has not initiated redevelopment. He explained that many properties' zoned for commercial along Brooklyn Boulevard in 1968 have not converted to commercial use. He also pointed out that the City now has stricter frontage and area requirements for commercial uses along Brooklyn Boulevard and that this has made house conversions more difficult. Commissioner Sandstrom stated that, as 'a realtor, he has had difficulty marketing homes located along Brooklyn Boulevard and recommended a redevelopment policy be adopted. The Secretary stated that cost would certainly have to be considered. He also.stated that a choice would have to be made as to whether to work redevelopment into specific proposed plans by private .concerns or whether to simply acquire, clear it, and land bank it. The Secretary 3- `15 -84 -4- also explained that condemning property is an emotional step because many people are very attached to their dwellings even though they realize they have very little residential value. The Secretary stated that the City should not wander into an individual case without having a redevelopment policy. ACTION RECOMMENDING CANCELLATION OF MARCH 29,1984 PLANNING COMMISSION MEETING The Secretary explained that no business items had been received for the March 29, 1984 Planning Commission meeting and recommended that the meeting be cancelled. Motion by Commissioner Sandstrom seconded by Commissioner Manson to cancel the March 29 Planning Commission meeting. Voting- in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, and Nelson. Voting against: none. The motion passed. DISCUSSION ITEMS (Critical Area Ordinance) The Secretary stated that staff had no new - information on the Critical Area Ordinance to offer to the Commission and asked whether the Commissioners had any questions. There were none. The Secretary stated that he would bring the Draft Ordinance back to the Commission after reviewing it with the Director of Public Works. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:03 P.M. Chairman 3 -15 -84 -5- Planning Commission Information Sheet Application No. _84006 Applicant Brookpark Dental Center Location: 6437 Brooklyn Boulevard Request; Appeal The appellant seeks relief from a decision by the Planning and Inspection Depart- ment not to accept a site and building plan proposal which includes access to a commercial business through residential property. The Brookpark Dental Clinic is zoned C1 and is located at the southwest corner of 65th' North and Brooklyn Boulevard. To the south of it is a nonconforming single-family le -famil y residence owned by Mr. Richard Johnson who has received a special use permit to conduct a vacuum_ cleaner repair home occupation. Further to the south is an office building owned by Aaron Hoffman. The clinic has an off -site parking special use permit to use 20 of the parking stalls on the _Hoffman site. The clinic wishes to expand at this time and can only do so if it provides parking stalls on the south side of the building. And such arkin stalls would probably be p 9, P y unusable without an access being provided through Mr. Johnson's property (see plan attached). Hence, the dilemma. The staff determination regarding this matter is set forth in _a letter dated February 24, 1984 (attached). The staff position is that the proper course for the appellant to pursue is to acquire the Johnson residence to the south; seek a rezoning from R5 to Cl; replat the existing site and the Johnson property into a single parcel, removing the existing residence and garage; and design a new site layout with one access off Brooklyn Boulevard. Staff have explained that access to a commercial use through residential property is nowhere permitted under the Zoning Ordinance and that such arrangements would undermine the basic purpose of zoning which is to protect property values by keeping different land uses separate from one another. Staff have received an unsigned letter from the appellant (attached) in which he /she briefly outlines the situation described above and makes the point that a commercial access through residential property is nowhere specifically prohibited by the Zoning Ordinance. We must explain, in response to this point, that the City's Zoning Ordinance is exclusionary in the sense that uses which are not expressly permitted are prohibited. Section 35 -110 states that: "Except as provided for in Section 35 -111, no building or premises may hereafter be used or occupied within a given land use district unless it is a permitted use in that district or unless it is author- ized as a special use." (Section 35 -111 relates to nonconforming uses existing at the time of the adoption of the Zoning Ordinance). Commercial access through residential property is nowhere listed as a permitted or special use in the Zoning Ordinance and it is contrary to the basic purpose of zoning. To approve such an arrangement in this case would erode the protection of residential property provided by the Zoning Ordinance. It may also be worthy to consider what the impact would be on the status of the nonconforming residence at 6421 Brooklyn Boulevard_ if a commercial access were allowed `'across the property. The owner of the residence indicated his desire to have the property zoned C2 in 1973 when his home occupation permit was approved. The City, however, has not encouraged such an action, -but has indicated that a C1 zoning classification might be acceptable under the proper circumstances, namely the removal of the structure. 3 -15 -84 -1- Application No. 84006 continued We :fear that, if the proposed access arrangement were approved, it would lead to the further commercialization of the existing residential structure rather than its removal. The value of the property for residential purposes would be diminished, while the ,commercial value would be enhanced. This would probably not lead to the eventual sale of the residence, but to its conversion to a commercial use, contrary to the 197.5 zoning action and to the recommendations of the updated Comprehensive Plan. More basic 'than the problems inherent in this case is the precedent that would be set by allowing commercial access through residential property. As we have previously stressed, such an arrangement would be an erosion of the very foundation of zoning: the separation of commercial from residential land uses. The impli- cations suggested above are not unlike the problems that would be created elsewhere if such a precedent were established. We strongly recommend that this appeal be denied, 3 -15 -84 -2- Member introduced the following resolution and moved its adoption: RESOLUTION NO. j RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1984 -03 AND € PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1984 -%03 WHEREAS, Resolution No. 84 -26 adopted the 29th day of February, 1984, fixed -a date for a Council hearing on the proposed installation of concrete curb and gutter and street widening of Halifax Avenue North from 70th Avenue North to 71st Avenue North and 70th, Avenue North from June Avenue North to Halifax Avenue North adjacent to St. Alphonsus Catholic Church; and WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given, and the hearing was held thereon on the 26th day of March, 1984, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and in the best interests of the City and the owners of property specially benefited thereby, that: 1. The following improvement as proposed in Council Resolution No. 84 -26 adopted the 27th day of February, 1984 shall be constructed: Project No. 1984 -03 (curb and gutter installation and street widening along Halifax and 70th Avenues adjacent to St. Alphonsus Catholic Church) 2: The City Engineer is designated as the engineer for this improvement. The City Engineer shall prepare plans and specifications for this improvement. 3. The estimated cost of the project is $118,970.00. - 4. The estimated cost will be financed by: Special Assessments $ 76,210.00 MSA Fund (Fund Balance #2611) $ 42,760.00 . TOTAL $118,970.00 5. The Finance Director is authorized to issue Master Note No. 84 -02 for Improvement Project No. 1984 -03, providing for transfer of funds from the Investment Trust Fund for financing the improvement. Date Mayor ATTEST: City Clerk RESOLUTION NO. 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 f OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 LYN TELEPHONE 561 -5440 �i� EMERGENCY- POLICE -FIRE �.... i 911 ENGINEER'S REPORT Street Improvement Project No. 1984 -03 PROJECT DESCRIPTION: Street widening and curb and gutter installation for the purpose of parking lane construction PROJECT LOCATION: Halifax and 70th Avenues, abutting St. Alphonsus Catholic Church DISCUSSION: Staff has been in contact with St. Alphonsus Catholic Church regarding the feasibility of parking lane construction along Halifax Avenue between 70th and 71st Avenues and along 70th Avenue, between Halifax and June Avenues. Attached herewith is a February 10, 1984, letter from Father James Shea, 'Pastor, wherein Fr. Shea acknowledges the benefit of the proposed construction. Accordingly, staff has reviewed various construction options in the development of the proposed improvement project, and contacted those property_ owners along 70th and Halifax Avenues who live opposite St. Alphonsus Church. In answer to the staff's survey, five of seven respondents do not want curb and gutter installed along their property, one owner is i•n favor of the proposal, and one owner (the Church owns two lots) abstained. In consideration of this fact, the proposed improvement project will not incorporate modifications to the side of the street opposite St. Alphonsus Church. The proposed improvement project provides for the widening of 70th and Halifax Avenues along the St. Alphonsus property only, from the existing 15 foot centerline- to- gutterline to a 20 foot centerline -to- gutterline width. Also proposed is the installation of concrete curb and gutter along the widened street section, thereby providing a defined street edge for boulevard maintenance, and concrete driveway aprons. Staff recommends that the proposed project include the relocation of municipal sidewalk presently located within the Halifax. Avenue boulevard to an easement - within Church property. As stated in Fr. Shea's letter, the Church's concern over protection of an existing lawn irrigation system and yard lighting system is well made and the necess provisions will be incorporated into the contract if the project is ordered. Further analysis of the staff's street improvement proposal shows that certain modifications must be made to the 71st Avenue - Halifax Avenue intersection to provide adequate area drainage. Accordingly, it is proposed that storm sewer be extended northerly along Halifax Avenue from 70th Avenue to 71st Avenue, and the intersection be reconstructed to promote positive drainage. We also recommend that geometric improvements be incorporated which will better accomodate traffic at this intersection. Several design options are currently being considered. _ ' So ?hro�u Cam" Engineer's Report - Project No. 1984 -03 Page 2 As a, part of the proposed project, it is recommended that a bituminous overlay be constructed along the widened half street width, and that a seal coat be placed over the entire pavement area in 1985 (not included in the project cost estimate). FINANCIAL CONSIDERATION It is proposed that the Church be financially responsible for installation of curb and gutter, concrete driveway-aprons,'pavement widening, and the bituminous overlay. It is proposed that the City be responsible for the relocation of concrete sidewalk, storm sewer construction, and the reconstruction of the 71st Avenue - Halifax Avenue intersection, said costs to be financed from the City's local M.S.A. account. A summary of.the estimated project costs and financial responsibilities are outlined below; City Costs Storm Sewer Construction Sidewalk Relocation Construction $26,130.00 $ 7,680.00 Contingencies 3,920.00 1,150.00 Subtotal $30,050.00 $ 8,830.00 Engineering 2,700.00 800.00 Administration 300.00 80.00 TOTAL $33,050.00 $ 9,710.00 _ $42,760.00 Church Cost Curb & Gutter Driveway Construction Paving Construction Construction $ 9,510.00 $32,240.00 $11,550.00 Contingencies 1,430.00 4,840.00 1,730.00 Subtotal '$10,940:00 $37,080.00 $13,280.00 Engineering 990.00 3,340.00 1,200.00 Administration 110.00 370.00 130.00 Legal 110.00 370.00 130.00 Capitalized Interest 1,460.00 4,930.00 1,770.00 TOTAL $13,610.00 $46,090.00 $16,510.00 $76,210.00 Summary Total project cost =$118,970.00 Church Share= $76,210.00 City Share= $42,760.00 $118,970.00 The project, as described above, is feasible under the conditions outlined, and at the cost estimated. Respectfully submitted, SK: j n nv r r y f t r C,f C ,T.3L NO )L A ' ,' ',` ' ` ` (t oPl, c �.A...- F (^ {� I :. '.t ` \� '.�•�`lt � JJJ _ OT I-A --�Ta T l w CA c- 11 7LIML N J rV LL FIT ' ' •' :� ' � .... I._1. � a s•t t rn � s s�t.� �i x ' ....._.... -.- � ; Sri, � �i. '�� _ :_�.� .�. ��: �.:_..,....� _ �_..._ W x- r7 E WIN ...,_ � � �f In, '' ,1 f• .,...- ��' �� -- -ter-• - --,'_. :....... 't.�„ , I f _.S I CHURCH 025 / P 0 LE AVE StAEWALle. ;' 1 �� ��. 13i.o;,l:' c)1q1_ .ELOC4T'ED SI:� EWALIC + +� . N o P,4 tz :C Z G - -} 0 7107 7113 V ." Limi 0 i cu2S GUTTELF ao' 86 2 !',b 939 _ ' 7v' - q - — q 1�9 2 -- - - - - tN 0 GA R.) 7036 r 704 1. 7024- 7030 I $ �`" 75' 73.81' 75' { 75. q° t A i 7106 7112 7118 i 1 . M OD I 1 + ` BI_ U., is t 19121_1 W } .. I .... ..# i.. I� 4 , :E. �y r ^.SuS CATHOLIC CHURCH � A k G i 1 t•rf [oCAT €D LEAVE 51DEWAL:K t 5'CLWALK !N P' FACE it � � ; �. N, i • -- - r 1 _ ... • � lo IP SUM. - 1 NO ,, I v t'�1ttrG►1iU. l ; / l' 0 0 7107 14 _._ . ;t; ;_ rats o� Cua� Gur-t-eaz T z i •• { _ . { { b p J 1 4.. JI ._.__ -.. +•...ter ` ol MO GAR : 7036 • 7042 /gas' 73 8 ;' T - 75. 7024 7030 4 .. all- I 75' 7106 7112 \ 1• I I Q ; 0 HALIFAX AV E. S. 1/2 Sec.27,T.119 N'.,R.21 W PRC • j - _ : � PE ST - -PHONSI S ",THOLIC CHURCH , '025 `ter o !2° .. c LOC�'+TEO GS 5 iDE.,NAL.K i� LEAVE SIDEWALK I NPLACE— milli b' 2 �H r - UM1{5 bF CURB 71 Be c3uTTER-- 1 n' Q 7k 42 - r 7UL: Y 70.iU 4 ,r.s 7 • 73 9 kD 2' 71u6 j 0 CD HALIFAX AVE. '+CC>- I , S. 1/2 Sec. 27,T. 119 N.,R.21 W. C0NL,5R RT t+ t ` CiTY OF 6301 SHINGLE CREEK PARKWAY M$ R X L Y BR00KLYN CEN'T'ER, MINNESOTA 55430 TELEPHONE 561.5440 EMERGENCY - POLICE -FIRE TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: March 26, 1984 RE: Halifax _Avenue/71st Avenue Intersection Improvements Neighborhood Informational Meeting Summary On Friday, March 23rd, an informational meeting was held at the St. Alphonsus C.G.D. center with residents who live in the immediate e a to vicinit Y of the inter section of Halifax Avenue /71st. Avenue North intersection, to discuss alternative plans which our Engineering Department has developed for improvement of that intersection in conjunction with the proposed street improvements adjacent to the St. Alphonsus church and school. Father'James Shea, pastor of St. Alphonsus, • also attended that meeting. Following is- a summary of comments received from the 9 people who attended that meeting: 1. City staff noted that the principal reason for proposing improvements at this intersection is to improve its safety and its operating characteristics. Residents noted that, while some accidents have occurred at the intersection, few have been serious. Accordingly, some residents questioned the need for any changes. Note: Engineering staff has checked our accident records and have found only one personal injury accident recorded at this intersection during the past 5 years. However, because the Police Department does not record "property damage only" accidents, there is no way to develop a complete accident history. And, it should be noted that the special landscape treatment which residents have given to their front yards ti nal problems testimony t t e fact that same. <o era o does afford o h p p exist at this intersection. 2. There were strong objections to any plan which would relocate the north driveway from the St. Al's parking lot in such a way as to connect it to 71st Avenue (as shown on Alternatives 1, 2, or 3). March 26, 1984 G.G. Splinter Page 2 3. There were strong objections to any plan which would re- orient the inter- section in any way which encourages more "through traffic" to use 71st Avenue (as shown on Alternatives 1 or 2). Note: the "through traffic" which is of concern to those neighbors is the afternoon rush -hour traffic from I -94 which short -cuts through this neighborhood to get to Noble Avenue in Brooklyn Park. 4. Residents are concerned about speeding traffic which allegedly occurs frequently after 11 P.M. and follows a pattern through the church's parking lots around the West and North side of the buildings. Several suggestions were discussed on how to deal with this problem. Generally, this will require a cooperative effort between St. Alphonsus officials and the City. City staff will discuss this in more detail with Father Shea. 5. Residents from this area recommended that consideration be given to establishing a new street connection between 70th and 71st Avenues, across the Westerly edge of the St. Alphonsus property, noting that 71st Avenue No. dead -ends at the North property line of the St. Alphonsus property. • City staff noted that development of such a new street would surely bring objections from residents in that neighborhood. 6. After reviewing the available alternative plans in more detail, residents who attended the meeting expressed some interest in Alternative No. 4, which shows development of a traffic circle. Because there were a number of unresolved details relating to the various alternatives, staff requested an opportunity to develop new alternatives for future discussions. Two new alternates have been developed today, and will be shown on the screen, ie.: Layout lA and Layout 4A. Summary and Recommendations A number of residents who attended the meeting on Friday are also attending this meeting tonight and will wish to express their comments directly to the City Council. If, after hearing their comments, the City Council wishes to have City staff continue work on developing an acceptable alternative plan for this intersection, we request that the final decision be deferred to the April 9th City Council meeting. During the interim, staff will then have an opportunity to further review the alternatives, and receive more input'from the residents. March 26, 1984 - G.G. Splinter Page 3 We do, however, recommend that the City Council adopt the resolution ordering the basic improvement (which is the street improvements adjacent to St. Alphonsus church and school) at tonight's meeting, so as to keep that project on schedule. Respectfully submitted, SK:jn pb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION, ORDERING IMPROVEMENT PROJECT O. 1984 -04 AND PREPARATION OF PLANS AND SPECIFICATIONS R IMPROVEMENT PROJECT NO. 1984 -04 WHEREAS, Resolution No. 84 -32 adopted the 12th day of March, 1984, fixed a .date for a Council hearing on the proposed improvement of Shingle Creek` Parkway by construction of turn lanes between Freeway Boulevard and 67th Avenue North; and WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given, and the hearing.was held thereon on the 26th day of March, 1984, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CI Y.COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby dete ined that it is necessary and in the best interests of the City and the owners o property specially benefited thereby, that: 1. The following improvement as propose in Council Resolution No. 84 -32 adopted the 12th day of March, 1984 shall be constructed: Project No. 1984 -04 (turn lane constxuction along Shingle Creek Parkway between Freeway Boulevard and 67th Avenue North) 2. The City Engineer is designated as the engineer for this improvement. Y g g g P The City Engineer shall prepare plans and specifications for this improvement. 3. The estimated cost of the project is $49,920.00. 4. The estimated cost will be financed y: Special Assessments $ 49,920.00 5. The Finance Director is authorized tc issue Master Note No. 84 -03 for Improvement Project No. 1984 -04, providing for transfer of funds from the Investment Trust Fund for financing the improvement. Date Mayor ATTEST:' Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by LL member , and upon vote being taken thereon, the following voted,in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7 s E f t 4 CITY OF 6301 SHINGLE CREEK PARKWAY "O"'MYN 0= DRu A BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 N EMERGENCY - POLICE -FIRE ETER 911 ENGINEER'S REPORT STREET IMPROVEMENT PROJECT NO. 1984 -04 LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05 PROJECT DESCRIPTION /LOCATION: Street Improvement Project No. 1984 -04 Construction of turn lanes along Shingle Creek Parkway between Freeway Boulevard and 67th Avenue North; and Lift Station Improvement Project No. 1984 -05 Construction of sanitary sewer lift station adjacent to Freeway Boulevard at the Ramada Hotel site. DISCUSSION: Pursuant to the provisions of anexecuted subdivision agreement between the City and the developer of the Ramada Hotel site and adjacent parcels located along Shingle Creek Parkway at Freeway Boulevard, staff has initiated proceedings for the construction of roadway access and sanitary sewer service to the proposed development. It is proposed that the improvements, as described below, be completed in 1984, in conjunction with the construction of the Ramada Hotel. Street Improvement Project No. 1984 -04 It is proposed that left turn lanes be constructed along both northbound and southbound Shingle Creek Parkway between Freeway Boulevard and 67th Avenue North. Required median modifications include the installation of a 210 foot turn lane (including taper) for northbound traffic, thereby providing access to the development. Also proposed is the construction of a 200 foot turn lane (including taper) for southbound traffic, thereby providing access to 6506 - Shingle Creek Parkway (Instant Printing Center). Lift Station Improvement Project No. 1984 -05 It is proposed that a sanitary sewer lift station be constructed at the south- west corner of the Ramada Hotel site, adjacent to Freeway Boulevard. The improvement, which will serve the proposed commercial development at the northwwest corner of Shingle Creek Parkway and freeway Boulevard, will be connected to the City's gravity sanitary sewer system located in Freeway Boulevard adjacent to 2300 Freeway Boulevard (the Salvation Army building). Said connection necessitates the installation of forcemain beneath Shingle Creek, all work to be completed in accordance with applicable federal, state, and focal codes governing such installations. "?4e sdwaAea� now F Engineer's Report - Project Nos. 1984 -04 and 1984 -05 Page 2 FINANCIAL CONSIDERATIONS: The developer has agreed to pay all costs related to the proposed improvements, said costs to be paid by the levy of special assessments against the development in accordance with the provisions of the referenced subdivision agreement. -A summary of the estimated costs is provided below. i Project No. 1984 -04 Project No. 1984 -05 Construction Cost $ 35,300.00 $ 80,210.00 Contingencies 5,300.00 13,180.00 Subtotal $ 40,600.00 $ 93,390.00 Engineering Cost 3,650.00 8,400.00 Administrative Cost 400.00 930.00 Legal Cost 400.00 930.00 Capitalized Interest 4,870.00 11,210.00 TOTAL $ 49,920.00 $114,860.00 The proposed improvement projects, as outlined above, are feasible under the conditions described and at the costs estimated. Respectfully submitted, James N. Grebe City Engineer r i Attachments JNG: jn _ ,• •� • •Mr —J••«.:.{ M5I d...•4.�.J..a•wAiw.ilrrLM UwbJ..yi•yi•y►.yylifM•wWt.111�� ww.4/.MVMM4'4V'LMrL•R MIL• rql .�LLJIA►w"+u•HrMlfl•'Iw!•:.w •.M.4)wtJu.•w•'•..R•:�?T'•/...f .Jr11•..• �V�W+•.'.� r, JR ECT 84 -04 �.� . TRACT D . R. L. S. 1564.• vEw r � � � J N � GQNyS •N OA1 �� r ,,,,r•" •(. . U �,� � n VAC. +S" O PC i w�.""► .�w•w�+.�. ^re�•a: rat. _ .... .... •. • "' - ,.•••' �' A� ,.� :C� aka •M:.f �� - .��'""..- ^ }, "../'� yi �'�. -V. L{r - ke-f co SS.NEW CuRN to ��,, `t ;6;, r. oft .�.:,"�"_ _.. -- St:�•co. STREET 1 1 .1 P. _ PROJ.198 �cc s 6!006 �. ' {. i,trtl �.��. ;1 JtJ UUL_1 S PROD T 84-05 r' �- : ' TRACT D tRa�T D R.L.S 1 TRACT 8 yu� ": R TE AAfADA HOL . L J %I PROPOSEfl LIFT STAtt0" , 2500 1RLEWA 9LY2 fORCEMAIN PROf'OSEO •' • .iTi � a` 1 LIFT STATION . i IMP. PROD. 9984 -03 �t;,ri . CT TO EXISTING MAkMOLE �� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, STREET IMPROVEMENT >PROJECTS NO. 1984 -03 and 1984 -04 (CONTRACT 1984 -C) BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: 1. The plans and specifications for the following improvements as prepared; by the City Engineer are approved and ordered filed with the City Clerk: Street Improvement Project No. 1984 -03 Street Improvement Project No. 1984 -04 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on April 19, 1984, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7 :00 P.M. on April 23, 1984, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoin 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. s RESOLUTION ORDERING I11PROVEHENT PROJECT NO. 1984 -05 AND PREPARATION OF PLAITS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1984 -05 WHEREAS, Resolution No. 84 -33 adopted the 12th day of March, 1984, fixed a date for a Council hearing on the proposed installation of sanitary sewer lift station and force main to -serve the Ramada Hotel and adjacent commercial /industrial site; and WHEREAS, ten days` published notice of the hearing through two weekly publications of the required notice was given, and the hearing was held thereon on the 26th day of March, 1984, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and in the best interests of the City and the owners of property specially benefited thereby, that 1. The following improvement as proposed in Council Resolution No. 84 -33 adopted the 12th day of March, 1984 shall be constructed: f - Project No. 1984 -05 (sanitary sewer lift station and force main construction to serve the Ramada Hotel and adjacent site) 2. The City Engineer is designated as the engineer for this improvement. The City Engineer shall prepare plans and specifications for this improvement. 3. The estimated cost of the project is $114,860.00. 4. The estimated cost will be financed by: Special Assessments $114,860.00 5., The Finance Director is authorized to issue Master Note No. 84 -04_ for Improvement Project No. 1984 -05, providing for Transfer of funds from the Investment Trust Fund for financing the improvement. Date Mayor ATTEST: Clerk E RESOLUTION NO. 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. l h CITY OF BROOKLYN] CENTER ORDINANCE N0. AN ORDINANCE AMENDING THE BROOKLYN CE11TER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 2.01, 2.03, 2.05, 2.06, 3.02, 5.0 6.02, 6.04, 7.06, 7.09, 7.16, 8.03, 8.04, 9.03, 11.01,',11.02, 12.12, and 12.13.of the Brooklyn Center City Charter are hereby amended as follows: Section 2.01. FORM OF GOVERNMENT. The form of government established by this charter is the "Council- Manager Plan ". The Council shall exer- cise the legislative power of the City and determine all matters'of policy. The City Manager shall be the head of the administrative branch of the City [government] Government and shall be responsible to the Council for the proper administration of all affairs relating to the City. ' Section 2.`03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Councilmembers who shall be ;registered voters of Brooklyn Center, and who shall be elected at large. Each Councilmember shall serve for a term of three (3) years.. The Mayor shall serve for a term of two (2) years. The Council shall be [judges] canvassers of the election of the Mayor and the Councilmembers. Section 2.05. VACANCIES IN THE COUNCIL. The office of Mayor or Council- member shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of the office. The Mayor or Councilmember shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council. A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days., the [election authorities] City Clerk shall call a special election t fill the vacancy. The election will be held not sooner than nine y ( 90) days and not later` than one hundred and twenty (120) days,fol owing the occurrence of the vacancy and to be otherwise governed by th provisions of. Section 4.03, special elections. The quorum of the Coun it consists of three (3) members; if at any time the membership of he Council is reduced to less than three (3) the remaining members may b unanimous action appoint additional members to raise the membership to three (3). ORDINANCE NU Section 2.00. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of th Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head, of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the _purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any [office] I officer or department of the City. In time of public danger or• emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 3.02. SECRETARY OF COUNCIL. The City Clerk or the City Clerk's designee shall act.as Secretary of the Council. The Clerk shall keep a journal of Council proceedings and such other records and perform such other duties as may be required by this charter or as the Council may require. The Council shall choose such other officers and employees as may be necessary to serve at its-meetings. In the absence Cf the City Clerk, the Council may designate any other official or employee of the City (except the City. Manager or a member of the Council) to act as Secretary of the Council. Section 5.09. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter shall be construed as in any way affecting the right of the registered voters, under the constitution and statutes of Minnesota, to propose amendments to this charter. MINNESOTA STATUTES ANNOTATED Section 410.12 Subdivision 7 Charter Amendment by Ordinance Subd. 7. Amendment by ordinance.. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two per cent of the total number of votes cast in the city at the last state general election or 2,000, which- ever is less. If the city has a system of permanent regis- tration of voters, only registered voters are eligible to sign the petition. If the requisite - petition is filed within ORDINANCE NO. the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting, the ordinance. As far as practicable the requirements of (Minnesota Statutes 410.12) subdivi- sions 1 [through] to 3 apply to.petitions' submitted under this section, to an ordinance amending a charter, and to filing of`such - ordinance when approved by the voters. Section 6.02`. POWERS AND DUTIES OF THE CITY MANAGER. Subdivision S. The City Manager shall attend all meetings of the Council unless excused by the Mayor, with the right to take part in the discussion, but not to vote; but the Council may in its discretion exclude the City Manager from any meeting at which the removal of the City Manager is considered. Section 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, and such other officers 'subordinate to the City Manager as the Council may create by ordinance. The City Clerk shall be subject • to the direction of the City Manager, and shall have duties in connection with the keeping of the public records and such other duties as may be assigned by the City Manager or by the provisions of this charter. The City, Treasurer shall have such duties in connection with the receipt, disbursement and custody of public funds as may be assigned by the City Manager and other provisions of this charter. [The Clerk may be designated by the City Manager to act as Secretary of the Council.] The provisions of this charter shall not be construed so as to prevent the combining of the offices of City Clerk and City Treasurer. The Council may by ordinance abolish offices which have been created by ordinance, and may combine the duties of various offices as it may see" fit. Se ction 7.06. PASSAGE OF ANNUAL BUDGET. The City ;Manager shall present the Proposed Budget as an item of business at the first regular monthly meeting of the Council in September, and the Council shall hold adjourned meetings from time to time until the Manager's Budget has been considered in total. The initial meeting and all subsequent meetin in which the Proposed Budget is considered [The budget shall be the principal item of business at the first regular monthly meeting of the Council in September, and the Council shall hold adjourned meetings from time to time until all the estimates have been considered. This special budget meeting] shall constitute a public hearing on the budget and the Council shall cause to be published a notice of the time and place of the [,public hearing) initial meeting, giving not less than seven (7) days nor'more than fourteen (14) days notice of the time and place. The meetings shall be so conducted as to give interested citizens a reasonable opportu- nity to be heard. [The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council.] Complete copies of the City Manager's ORDINANCE NO. Proposed Budget shall be available for public view at all meetings at which the Council reviews the Proposed Budget. < The annual budget finally agreed upon shall set forth in detail the complete financial plan of the City for the ensuing fiscal year for the funds budgeted [and shall be signed by the majority of the Council when adopted.] It shall indicate the sums to be raised and from what sources and the sums to be spent and for what purposes according to Section •7.05.` The total sum appropriated shall be equal to the total estimated revenue and allocated surplus. The Council shall adopt the budget - not''later than [.the first week of October] three (3) calendar days ,prior to the statutory requirement for c ertification of the budget to the County ud for by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the Council deems necessary for purposes of budget control. The Council shall also adopt a' resolution levying whatever taxes it considers necessary within statutory limits far the ensuing year for each fund. The tax levy resolution shall be certified to the County Auditor in accordance with law. At the beginning of the fiscal year, the sums fixed in the budget resolution shall be and become appropriated for the several purposes named in the budget reso- lution and no other. Section 7.09. CONTINGENCY APPROPRIATION IN BUDGET. The Council may Include a contingency appropriation as a part of the budget but not to exceed [three per centum (M) five percent (50) of the total appropriation of the general fund made In the budget for that year. A transfer from the contingency appropriation to any other appropriation shall be made only by a majority vote of the members of the Council. The funds thus appropriated shall be used only for the 'purposes desig- nated by the Council. t Section 7.16. BONDS OUTSIDE THE DEBT LIMIT. The Council may issue bonds for legal purposes outside of the debt limit as provided by law. Section 8.03. LOCAL IMPROVEMENTS REGULATIONS. After this charter takes effect local improvements commenced prior thereto shall be completed and assessments may be levied and securities issued for the financing thereof as prescribed by the law applicable thereto. The Council may prepare and adopt a comprehensive ordinance prescribing the procedure which shall be followed thereafter in making all local improvements and levying assessments therefor. Such ordinances shall [supercede all other provisions of the law on the same subject and may] be amended only by an affirmative vote of at least four- fifths (4/5) of the members of the Council. In the absence of such ordinances all local improvements may be made and assessments levied therefor as prescribed by an applica- ble law. Section 8.04. PUBLIC WORKS. HOW PERFORMED. Public works, including all local Improvements, may be constructed, extended, repaired, and maintained either directly by day labor or by contract. The City shall require contractors to give bonds or other guarantees approved by the City Manager for the protection of the City and all persons furnishing Tabor and materials pursuant to the laws of the State. ORDINANCE NO Section 9.03. PAYMENT OF AWARD. The City shall, within seventy (70 ) .'I NT days after the filing of the commissioner's report, ` or in case of an appeal within [seventy (70)] forty -five (45) days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. S ection 11.41. ACQUISITION AND OPERATION OF UTILITIES. The City may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose and may acquire any existing utility properties so needed; but such acquisition action may only be taken by an ordinance, approved by a majority of the electors ,voting thereon, at a general or ,special election. The operation of all public utilities owned by the City shall be under the supervision of the [Director of Public Works.] City Manager. Section 11.02. RATES AND FINANCES. Upon recommendation made by the [Director of Public Works] City Manager or upon its own motion, the Council may fix rates, fares and prices, for municipal utilities, but such rates, fares and prices shall be just and reasonable.' The Council shall endeavor to make each municipal utility financially self - sustaining and shall not use any municipal utility operation directly or indirectly as a general revenue producing agency for the City. Before any rates, fares or prices for municipal utilities shall be fixed by the Council, the Council shall hold a public hearing on the matter in accordance with Section 11.06. The Council shall prescribe the time and the manner in which payments for all such utility services shall be made, and may make such other regulations as may be necessary, and prescribe penalties for violations of such regulations. [ Section 12.12. DISPOSITION OF FINES AND PENALTIES. All fines, for - feitures, and penalties received or the violation of any ordinance shall be paid into the City Treasury. Every court or officer receiving such monies, within thirty (30) days thereafter, shall make return thereof under oath and shall be entitled to duplicate receipts for the amount paid. One of the receipts shall be filed with the City Clerk.} Section ,[12.13} 12.12. ORDINANCES TO MAKE CHARTER EFFECTIVE. The Council shall by ordinance make such regulations as may be necessary to carry out and make effective the provisions of this charter. Section 2. This ordinance shall become effective after publication and ninety (90) days following its-adoption. Adopted this day of , 19 Mayor ORDINANCE NO. ATTEST: Clerk Published in the official newspaper Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) (Published in the Brooklyn Center Post .�, . its CITY OF BROOKLYN OFFER Notice is hereby given that a public hearing will be held on the 26th day of March, 1984 at 8x15 �.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amerKkent to the Zoning Ordinance classifying certain lard as being within the R3 Zoning District. ORDINANCE NO. E . AN ORDINANCE AMINDING CHAPTER 35 OF TIM CITY ORDINANCES CLASSIFYING =1AIN LAND AS BEIN W ITHIN THE R3 ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CEZ= DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following nenner: Section 35- -1120 MULTIPLE FAMILY RESIDENCE DISTRICT (R3) . The following properties are hereby established as being within the (R3) Multiple FWAi.ly Residence District zoning classification Blocks 1 through 7 and Lot 3, B 8, Madsen's Floral Addition Section 2. This ordinance shall becomes effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1984. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates my matter, brackets indicate matter to be deleted). U4 leer ht•tttu•rh' O'Brien Draiv7 A Proiei,imial As%m im is rrr uWO First Bank Place West March 22, 19 8 4 §snneapoiis - stnnesota 55402 letephone 612- 333 -0543 Aayton L. LeFevere ,erbert P. Letter Dear Mr. Mayor and Members of the City Council _ Dennis O'Brien _annE.orawz Attached hereto you will find a revised version of the aavid J. Kennedy �ohnB.Dean City's, gambling devices ordinance, Section 23 -1900, et. _sennE.Purdue seq. The changes which have been made are highlighted =ha L L. eevL.eFevere er and are related to modifications in State law which, rnarles e rbertP. Lefler III have occurred since 1978. This letter will briefly - AreyJ.Strand outline those changes. aryJ. Biorklund : ahn G. Kressel _rayleNolan Section 23 -1900 has been .amended to reflect the nclyL. Lavorato s ec t ions of State law which. currently relate to the -thael A. Nash �e regulation of gambling devices. Sections 325.53 r ru99 through 325.62 have been renumbered 349.30 through +omson•Jr. 349.39. Section 340.14 has been deleted since it =ernes M. Strommen ..aryc. Nielsen pertains to regulation of the sale of alcoholic �zrry L. H all beverages.. -nald H. Batty Section 23 -1901 has been changed to reflect that the language concerning licensing of organizations for gambling is now in Minnesota Statutes Section 349.26, Subdivision 9. Also, the minimum number of members a qualifying organization must have has been reduced from 30 to 15 in comformance with State law. Section 23 -1905, Subdivision 6 has been amended in the same way as has Section 23- 1901. Section 23- 1906, Subdivision 2 has been changed to add a requirement that the gambling manager be a member of the licensee organization or have a defined relationship with the licensee. Also, the fact that there must be a single such gambling manager has'been clarified. Subdivision 5 has been reworded to indicate the mandatory nature of the revocation of other business licenses for violation of this ordinance. New Subdivisions 8 and 9 have been added. Subdivision 8 relates to the fidelity bond 'required of the gambling ^ manager and Subdivision 9 pertains to prize limitations. } q 4 Honorable Mayor and Members of the City Council March 22, 1984 Page 2 Section 23 -1907, Subdivision 2 has been amended to clarify what might have been interpreted as an implied authorization for the limited use of drugs in connection with gambling operations. Minnesota Statutes Section 609.75 and 609.761, which are 'adopted by reference in Section 23 -1900, were amended by the State Legislature 1983. These changes relate to in- package chance promotions, parimutual horse betting, and sports bookmaking. No revisions to the Brooklyn Center ordinance have been proposed to reflect these changes. If there are additional changes you wish to make or if you have any questions regarding the proposed revisions, please feel free to contact me regarding them. Sincerely, Richard J. Schie er RJS /lb Enc. CITY OF BROOKLYN CENTER ORDINANCE'NO. AN ORDINANCE AMENDING SECTIONS 23 -1900 THROUGH 23 -1910 RELATING TO THE LICENSING AND REGULATION OF GAMBLING DEVICES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS Section 1. Section 23 -1900 of the City Ordinances is hereby amended b. deleting the bracketed material and addi the � g [ bracketed] g underlined material: Section 23- 1900 ADOPTION BY REFERENCE. [The regulatory provisions of Minnesota Statutes Section 325.53 through and including Minnesota Statutes Section 325.62, Minnesota Statutes Section 340.,14, Minnesota Statutes Section 349.26, Minnesota Statutes Section 609.75, and Minnesota Statutes Section 609.761, all of which as amended by Laws 1978, Chapter 507, are hereby adopted by reference, as a Gambling ordinance, regulating and licensing the operation of certain devices by licensed organizations and are hereby incorporated in and made a art of g Y P P this ordinance as though fully set forth.] Section 23 - 1900. ADOPTED BY REFERENCE. The regulatory provisions of Minnesota Statutes Section 349.26, Minnesota Statutes Section 349.30 through and including Minnesota Statutes Section 349.39, Minnesota Statutes Section 609.75, and Minnesota Statutes Section 609.761, regulating and licensing the operation of certain devices by licensed' organizations, are hereby adopted by reference and made a part of this ordinance as though fully set forth. Section 2.. Section 23 -1901 of the City ordinances is hereby amended by deleting the [bracketed] material and adding the underlined material: Section 23 - 1901 . LICENSE REQUIRED. No person, except a fraternal, religious, veterans or other nonprofit organiztion covered by Minnesota Statutes Section[290.05, Subd. - 1, Clause I or kJ, 349.26, Subd. 9 which organization has been in existence for at least three years and has at least [30] 15 present, active members, all of whose membership dues are fully paid and who have been members for at least six months, shall possess, keep, use, control or operate any gambling device or have any interest in the operation, possession, use or control. of gambling devices or conduct or operate a raffle or have any interest in the operation or conduct of a raffle including possession of raffle apparatus or sale of tickets. No fraternal, religious, veterans or other nonprofit organization as described herein, shall possess, keep, use, control or operate any gambling devices or conduct or operate a raffle or have any interest in the operation or conduct of a raffle including possession of raffle apparatus or the sale of tickets without being duly and lawfully licensed as set forth herein. There shall be a class A gambling license and a'class B gambling license,, eligibility for which shall .be determined by the annual gross receipts, actual or projected of the organization's gambling operation. A class A license must be obtained by organizations whose annual gross receipts, actual or projected, as determined by the City 'Council are less than $3,000. A class B license must be obtained by organizations whose annual gross receipts, actual or projected, as determined by the City Council are equal to or exceed $3,000. If the annual gross receipts of an organization holding a class A license exceed the maximum permitted under said class A license, that organization must 'then apply for, pay the fees for,. and be issued,a class B license in the future. Section 3. Section 23 -1095 of the City Ordinances is hereby amended by deleting the [bracketed] material and adding the underlined material: Section 23 -1905 CONDITIONS GOVERNING ISSUANCE. 1. No license shall be issued if the applicant or any of its owners, managers, employees, agents or other interested parties are persons of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, employees, agents or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the .duties and discharge the responsibilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one year, prior to the day of application, been denied licensure, have had a license revoked, canceled or suspended in or by any community or political subdivision or the State of Minnesota or whose owners, managers, or interested parties have not been similarly denied, revoked or suspended. 4. Licenses shall be issued only to applicants who have fully and truthfully answered all of the information requested in the application, who have paid the license fee fully and the fee for investigation and have cooperated fully and truthfully with.the City in the review of the application. 5. Licenses may be granted only in complete conformity with all of the ordinances of the City of Brooklyn Center. 6. Licenses shall be issued only to `a fraternal, religious, veterans or other nonprofit organization covered by the 2 Minnesota Statutes Section [290.05, Subd. 1 _('I)> or (K) ] 349.25, Subd. 9 which organization has been 'in existence for at least three years and has at least "[30] 15 present, active members whose membership dues are fully paid and who have been members for at least six months. 7. Licenses shall be granted only where the licensed premises meet the safety, sanitary and building code requirements of the City. 8. A license shall not be granted where the granting of a license would be inconsistent with the comprehensive development plans of the City, or would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 4. Section 23 -1906 of the City Ordinances is hereby amended by deleting the [bracketed] material and adding the underlined material Section 23 -1906 RESTRICTIONS AND REGULATIONS. 1. The licensee, the gambling manager and other persons in its employ, agency or persons with an interest in such business shall comply with all applicable ordinances, regulations and laws of the City of Brooklyn Center, the State of Minnesota and the United States government. 2. The applicant shall designate[a] one person to be gambling manager who shall be responsible for the conduct of the business. Such personal shall be an active member of the licensee organization, or its auxiliary or the spouse or surviving spouse of an active member Such person shall remain responsible for the conduct of the gambling devices, raffles, and their operation until any other suitable person has been designated in writing as the gambling manager, an investigation fee and application for a change of,manager has been filed and the proposed successor to the gambling manager shall have been approved. The licensee shall promptly notify the 'police department in writing of any such change indicating the address and name of the new gambling manager and the effective date of such change. 3. The operation or conduct of gambling devices', raffles or the sale of raffle tickets is not permitted between midnight and 8 :00 a.m. of the succeeding day. 4. The licensee, gambling manager or their agents, shall permit and allow inspection of the premises and the operation of the gambling devices and.raffles by any and all appropriate city officials. 5. [Violation of the terms and provisions of this ordinance may be cause for the revocation, suspension or cancellation of other license issued by the City to the licensee.] All licenses 'under which any licensed business is 3' permitted to be carried on upon the licensed premises shall be revoked if the intentional possession or wilful keeping of any such gambling devices upon the licensed premises is established, notwithstanding that it may not be made to appear that such devices have actually been used or operated for the purpose of gambling. 6. Upon demand by any police officer, any person-employed in or by any licensed premises shall identify himself by giving his true legal name, correct address and furnishing suitable identification therefor. 7. No natural person under 18 years of age shall be employed in the operation of gambling devices or raffles except that persons under 18 years of age may sell raffle tickets or chances. 8. The gambling manager shall give a fidelity bond in the sum of $10,000 in favor of the licensee conditioned upon faithful performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the licensing authority not less than 30 days prior to its cancellation. The City Council may waive the bond requirement by including a waiver provision in the license but such action may be taken only by a unanimous ,rote. 9. Total prizes from the operation of paddlewheels, tipboards and pull -tabs (or ticket jars) awarded in any single day in which they are operated shall not exceed $1,000. Total prizes resulting from any single spin of a paddlewheel, or from any single seal of a ti board, each tipboard limited to a single seal, or from a single pull -tab (or ticket jar), shall not exceed $150. Total prizes awarded in any calendar year by any organization from the operation of paddlewheels, tipboards and pull -tabs (or ticket jars) and the conduct of raffles, except as provided in Minnesota Statutes. Section 349.26, Subdivision 15a, shall not exceed $35,000. Merchandise prizes shall be.valued at fair market value Section 5. Section 23 -1907 of the City Ordinances is hereby amended by deleting the (bracketed) material and adding the underlined material: Section 23 -1907 REVOCATION, CANCELLATION OR SUSPENSION OF LICENSE. The license may be revoked, suspended, canceled or not granted by the City Council upon recommendation of the City Manager by showing that the licensee, its owners, gambling manager, employees, agents or any of its interested parties have engaged in any of the following conduct: 1. Fraud, deception or misrepresentation in connection with the securing of a license. 4 2. Habitual drunkenness or [intemperance in] the use of illegal drugs, including but not limited to the use of prohibited substances as defined in Minnesota Statutes' Chapter 152 or Brooklyn Center-,Ordinances 19 -1120. 3. Conduct inimical to the interest of the public health, safety, welfare or morals. 4. Engaging in any conduct or being convicted of any crime involving moral turpitude or permitting or allowing others to so engage in said conduct or failing to prevent such conduct. 5. Failure to fully comply with any of the requirements s of this ordinance or the failure to comply with any requirements of the laws or ordinances of the City of Brooklyn Center, State of Minnesota or the United States government. 6. Engaging in any conduct which would constitute grounds for refusal to issue a license under Section 23 -1905. The licensee may appeal such suspension, revocation, cancellation or failure to license to the City Council The Council shall consider the appeal at the next regularly scheduled Council meeting on or after 10 days from the service of the notice of appeal to the City Manager. At the conclusion of the hearing, the Council may order: 1. A revocation, suspension or cancellation of the license or that the license not be granted. 2. That the revocation suspension or cancellation be lifted and that the certificate be returned to the licensee. 3. The City Council may base the revocation, suspension, cancellation or other action with regard to the license upon any additional terms, conditions and stipulations which they may, in their sole discretion, impose. Section 6. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. adopted this day of 19 Mayor ATTEST: City Clerk Date of Publication Effective Date 5 M & C No. 84 -04 March 23, 198 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Central Park :Tennis Courts To the Honorable Mayor and City Council: As a part of our park plan it was anticipated at one time in the early '70's that there would be as many as eight tennis courts built in Central Park. Since that time agreements were made with Brooklyn Center School District to construct and maintain lighted courts on their high school site, and various other tennis courts and facilities were improved throughout the community. In recognition of this the Park and Recreation Commission recommended as apart of the final bond issue plans, the number of tennis courts in .Central Park be reduced from eight to four. Since that time the Council and City staff have discussed on a number of occasions whether or not that number should be further reduced to two courts Last year the Council authorized soil correction work for four courts on the north end of Central Park with the idea in the spring of this year a decision would be made as to whether four courts or two courts would be built. Our estimated construction costs are follows: Two courts $30,000; four courts - $50,000. If the option of two courts were to be selected by the City Council there will be some additional costs for seeding and black dirt on the unused soil corrected area. . We, are recommending construction of four tennis courts in Central Park. We have carefully considered the option of two courts. We have rejected that option. We have chosen the construction of four courts because the Garden City neighborhood is the only neighborhood which is not serviced by tennis courts within three quarters' of a mile of most of its residential area. This has been a rule of thumb used by Brooklyn Center in placement of all tennis facilities within the community. If we were to put only two tennis courts in Central Park we believe the neighborhood would be competing with other users attracted from throughout the City to Central Park by other facilities within the park. In other words, picnickers attracted to the picnic area, strollers and bikers attracted to the trails would also tend to use the tennis courts in Central Park in addition to neighbors in the Garden City area. We believe with four courts constructed we would then be servicing the Garden City area with two courts and other users in Central Park with an additional two courts so "there would not be additional pressure, thus crowding out neighborhood use. With our population generally becoming physically more active and tennis being an integral part of that physical activity, we believe the four courts will receive sufficient use to justify their construction. Because the high school facilities are lighted, we do not intend to light them at this time. We have designed into our plans that possibility should are change our mind sometime in the future. Should the Council have any further questions, please do not hesitate to contact me, and I will be prepared to answer any questions at the Council meeting. Respectfully submitted, Gerald G. Spli er City Manager , CITY } OF : 6301 SHINGLE CREEK PARKWAY rB I 1h 0 0 K" L Y N BROOKLYN MINNESOTA 55430 k TELEPHONE 561- 5440 C ENmER EMERGENCY— POLICE -FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy - Knapp, Director of Public Works DATE: March 23, 1984 RE: Central Park Tennis Courts Pursuant to City Council approval of Contract 1983 -L, staff has = completed the soil correction phase of the Central Park Tennis Court Improvement Project No. 1983 -12. The estimated final contract cost for the correction of a four court area is $65,000 (original contract price was $69,500). The estimated total project cost of the soil correction phase (based upon Engineering and Administrative charges of 10 %) is $76,450.00. At your request, staff has estimated the cost of tennis court construction (including paving, fencing, striping, etc.) to be as follows: .4 Courts 2 Courts Contract $ 50,000.00 $ 30,000.00 Overhead 5,000.00 3,000.00 TOTAL $ 55,000.00 $ 33,000.00 Based upon the estimates provided, the total project cost for the Central Park Tennis Court Improvement is: Soil Correction $ 76,450.00 $ 76 Surfacing 55,000.00 33 TOTAL $131 $109,450.00 Respectfully subm'tted, • SK:jn IV "*71c S 6 &v& 44 9 x*u I • l If I'ry 1 I"f + ' � I IT em coveltAc 19 / 1 4 CENTRAL PARK , i S 1/2 Sec. 35, T.119 N., R. 21 W. CITY OF 6301 SHINGLE CREEK PARKWAY ._.. Q"'U� V BROOKLYN CENTER, MINNESOTA 55430 � TELEPHONE 561.5440 EEMERGENCY-POLICE-FIRE iTIE 911 7?EVrs� 3�zL�8Y TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: March 23, 1984 RE: Central Park Tennis Courts Pursuant to City Council approval of Contract 1983 -L,- staff has completed the soil correction phase of the Central Park Tennis Court Improvement, Project No. 1983 -12. The estimated final contract cost for the correction of a four court area is $65,000 (original contract price was $69,500). The estimated total project cost of the soil correction phase (based upon Engineering and Administrative charges of 10 %) is a�r,soo.00 At your request, staff has estimated the cost of tennis court construction (including paving, fencing, striping, etc.) to be as follows: 4 Courts 2 Courts Contract $ 50,000.00 $.30;000.00 Overhead 5,000.00 3,000.00 TOTAL $ 55,000.00 $ 33,000.00 Based upon the estimates provided, the total project cost for the Central Park Tennis Court Improvement is: 9 1 l,Soo.00 - 1F r,Srao•ao Soil Correction $ ?6,458.8e Surfacing 55,000.00 33, 000.00 TOTAL $33 : 6 $tee, 450.88 Respectfully subm'tted, SK: jn l M E M O R A N D U M TO: Councilmembers, City of Brooklyn Center FROM: R. J. Schieffer, City Attorney DATE: March 26, 1984 SUBJECT: Response to the Traffic Safety Advisory Committee Regarding 69th Avenue Speed Zones The speed zones on 69th Avenue as they presently exist are as follows: 1. West corporate limits easterly to Shingle Creek Parkway: 30 miles per hour; 2. Shingle Creek Parkway to Humboldt Avenue: 40 miles per hour; 3. Humboldt Avenue to the east corporate limits: 35 miles per hour. The City Council has the authority to establish a 30 mile • per hour speed limit upon any street under control of the City which meets the definition of "Urban District." Urban district is defined as a street with structures on land abutting the street if those structures are less than 100 feet apart and are devoted to business industry or dwellings. If there are any gaps between buildings n that exceed seed 100 feet, that particular stretch . of the roadway loses its status as an urban district. All parts of 69th Avenue between the west and east corporate limits meet the definition of urban district except approximately 2300 feet beginning at the Shingle Creek Parkway intersection and running easterly for 4300 feet, which is a point at just east of the driveway of the maintenance garage. The contiguous area on the north, at this location, is Palmer Lake Park, which contains no structures. There are two industrial buildings on the south side of 69th Avenue in this location, and they are approximately 600 feet apart. Therefore, this strip of the 2300 feet cannot qualify as an urban district. I have reviewed the information provide by MNDOT, and it appears that they have followed their standard engineering proce- dures in establishing the 40 mile per hour speed limit on the segment in question. The statute and the case law do not specify how the "engineering and traffic studies" are to be conducted by MNDOT in establishing speed limits. It does appear that engineering and traffic experts uniformly support the method used by MNDOT. MEMORANDUM TO GERALD G. SPLINTER, CITY MANAGER FROM: DEPAR174ENT OF FINANCE DATE: March 21, 1984 SUBJECT: PROFESSIONAL LIABILITY INSURANCE PROPOSAL FOR ENGINEERS During my presentation on risk management and our insurance coverages to the City Council on March 12, I explained that the City's two professional, engineers were excluded from the public officials' liability coverage. I said that I was purswirg other coverage for them." I believe that we have located that coverage. I have attached photo copies of literature that Sy Knapp requested from the American Society of Civil Engineers and the National Society of Professional Engineers. The literature explains a professional liability insurance plan for engineers. The plan is underwritten by the Sentry Insurance Company, developed by Markel Association Programs, and administered by Kirke -Van Orsdel, Inc. The plan offers $200,00 per occurrence and $600,000 maximum per year liability coverage for an annual premium of $85. In order to qualify for the insurance plan, applicants must be either a member of the American Society of Civil Engineers or the National Society of Professional Engineers. Sy Knapp, Director-of Public Works, is a mm.ber of the latter group but Jim Grube, City Engineer, is a member of neither: If the City Council wishes to authorize the application for this coverage and pay the annual premium, then they should be asked to take the following action at their next meeting: 1. Authorize the 'payment of annual dues to the National Society of Professional Engineers for the City Engineer. I believe those dues to be somewhere between $150 and $200. 2. Authorize the payment'of the annual premium for Professional Liability Insurance for the Director of Public Works and the City Engineer. Paul W. Holmlund, Director cc: py Knapp, Director of Public Works Jim Grube, City Engineer rors or omissions. Negligent acts of is made. This provision is important Engineers -- o You others for whom you are responsible since many 'months can elapse 7 are also covered. The Plan will pay from the time an accident or inci- Can Protect Yourself for judgments, attorney fees, taxes, -dent occurs and the time a lawsuit interest premiums for appeal bonds is actually brought against you. CEO other expenses. Any suit brought From Prof onal in the United States, its possessions Li ' '" '.a Is or Canada is covered. Affordable Rates ability i Your society has studied the alter- Occurrence Coverage natives and identified a program which You've probably heard someone say I can't af- Occurrence coverage provides offers attractive premium rates. We ford insurance, but I can't afford to be without it ". you with protection for the period of feel they are the best you can find. For many engineers, this phrase seems particularly time you are insured -- regardless appropriate in the area of Professional Liability. of when the lawsuit is filed or claim Law suits involving members in private practice re- Mgh Coverage for Engineers sulting from liability claims have rapidly increased in number and cost. While the same has not been true 200 000 $C00 as to individual employed engineers, there is a grow- ing concern that the potential exposure of individual [:p:eroccurrence maximum per year employed engineers may grow in the years ahead. Premium: $85 per year Employed professional engineers in consulting . p firms which carry professional liability insurance have the Exclusions and Limitations protection provided by the firm's professional liability • policy, but it is not certain that such protection is af- forded the engineer employed in government or in- The plan will not provide coverage Liability assumed by an individual out - dustry under general or product liability insurance. under the following conditions: side of employment duties, as in the Damages caused by any dishonest or case of independent practice in addition Because of this potential exposure, ASCE and fraudulent acts, to regular employment ("moonlight- NSPE have had a program developed to protect its Ing" ) employed members from liability actions. Take a look Damages incurred by any business Damages caused by making cost esti- at all the advantages the Plan offers you. enterprise owned by the insured. mates. Liability assumed under any contract or agreement (oral or written) except Damages caused by a product sold 1 by or on behalf of the insured. High Limit Coverage in an employment contract. j You can purchase $200,000 coverage per oc- Damages caused by the performance This policy does not cover the profes currence ($600,000 maximum combined coverage per of services not within the job scope of sional activities of members who are year). Defense costs are paid in addition to this limit. an employed Engineer. self- employed, or of those employed As an added advantage, the plan requires no deduc- Damages caused by failure to complete by consulting firms which offer en- ` gineering services to clients or the tible be satisfied before coverage takes effect. drawings or specifications on schedule, public, and does not apply to services unless as a result of a negligent act or of employed members acting on their Coverage Features error in the drawings, plans or specifi. own behalf on a consulting basis. Coverage is provided for claims arising out of the cations. performance of professional engineering services for your employer and caused by your actions, er- F l j - Here are a few Questions and Answers advantages Q. What is the advantage of "oc Q; My employer already has a C currence" coverage? policy to cover Professional Lia- of the Plan bility. Why do I need this spe- A. This kind of protection covers cial Plan? you for suits filed even 3 years Simple Eligibility after the policy has expired A; Generally, governmental bodies Any society member in good standing (other than as long as the incident oc- and private employers do not self - employed members and those employed by con - suiting firms which offer engineering services to clients curred during the time the have professional liability. insur- rage under policy was in force. Other poi- once. The employed engineer in or the public) are eligible to apply for cove the Professional Liability Plan. There are other re- ivies may only protect you from such a case would not be cov strictionsl claims filed during the effective eyed against a professional lia policy year. bility claim if named indi- Certificate Of InSUfanCe vidually, or as a codefendant With the employer. Once enrolled each member will receive a Q Certificate of Insurance outlining specific coverage . Are defense costs included in features. Since this brochure is intended only to the occurrence? limit per highlight Plan provisions, refer to the policy for full occurrence. Q. Should Government employees i details.. p M � be interested in the program? A. No. Defense costs are paid In addition to any judgments or A. Yes! Immunity from Claim Settlement settlements agreed upon. prosecution for Government In the event that a suit is brought against you (or employees is no longer a sure an incident occurs which you think could lead to thing. Although each engineer litigation), for alleged damages caused by any negli- o. Is there a high deductible to must decide for himself or her- gent act or omission, contact the Plan Admin satisfy? self, this Plan is an inexpensive istrator immediately for claim filing procedures. method of assuring protection. Immediate notification is required under Plan A. . No, the Plan provides p immediate coverage. A deduct- ible need not be satisfied. If I need more information, who Effective Coverage Period do I contact? Coverage goes into effect on the first day of the month following receipt of your application and Q . Can educators be covered by A. Contact the Plan Adminstrator payment of your first premium. Coverage is this pr ogram? at the following: Kirke -Van guaranteed for employed members. Orsdel Incorporated, 400 Locust A. Yes, any engineer employed by Street, Des Moines, Iowa 50398 a governmental body, industrial or call TOLL FREE 800 -247- comp any, university coll 2192. Residents of Alaska and Y or 9 can purchase coverage for duties Iowa call COLLECT 515 -243- performed as an employee. 1776. 4 5 s - American Society of �'' ► ~ National Society of Civil Engineers �` '; Professional Engineers 345 East 47 Street , . 2029 K Street N.W. New York, N.Y. 10017 `�. _ y Washington, D.C. 20006 , You may not want to depend on the doctrine of sovereign immunity or your employer's,coverage to protect yourself from liability actions. Dear Member, Liability suits involving professionals have increased at an alarming rate. Damages assessed against individuals and the cost of professional liability insurance have increased proportionately. Individual engineers employed in the private sector have seemingly been protested by their employers' professional liabilty insurance. Those employed by public agencies apparently enjoyed the protection of sovereign immunity or personal- indemnification. But in both the public and private sectors, there is an increasing tendency to name both the employer and individual employees in tort claims actions. With regard to public agencies, the doctrine of sovereign immunity has been challenged repeatedly ... and individual employees may be held personally liable for tortious acts even if sovereign immunity is upheld A study commissioned by ASCE and NSPE confirmed the potential individual liability of engineers. Our immediate response was to investigate the professional.engineers liability plans available -- and then to find an underwriter and administrator capable of offering the coverage needed and service desired at an economical premium rate. Now, we invite you to participate in an engineers liability insurance plan that offers $200,000 protection per occurrence, $600,000 coverage per year -- defense costs are paid in addition to these limits. The cost? $85 a year. The plan? The Professional Liabili Insurance Plan for employed members of the American Society of Civil Engineers and the National Society of Professional Engineers. -leas read Please n to enclosed used information carefully. c e 1 fu 1 Y will You find r y n the enrollment form on the back cover of the brochure. i We believe those who are concerned about their potential liability exposure in connection with their employment will find this program attractive at nominal costa Sincerely, Sincerely, Louis L. Meier Donald G. Weinert Executive Director, Executive Director, American Society of National Society of Civil Engineers Professional Engineers W=t AP-W214;83) Licenses to be approved by the City Council on March 26, 1984 FOOD ESTABLISHMENT LICENSE eacon Bowl 6525 Lyndale.Ave. N. ridgeman's 6201 Brooklyn Blvd. Brookdale Cinema 5801 John Martin Drive Brooklyn Center American: Legion #630 4307 70th Ave. N. - Brooks Superette 6804 Humboldt Ave. N. Canteen. Corporation of MN 6300 Penn Ave. N. Medtronics 6700 Shingle Cr. Pkwy. Medtronies 6860 Shingle Cr. Pkwy. Davanni's 5937 Summit Ave. N. Denne's Market 6912 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Lynbrook Bowl, Inc. 6357 N. Lilac Dr. McDonald's 5525 Xerxes Ave. N. Maranatha Conservative Baptist Home 5401 69th Ave. N. Marc's Big Boy 5440 Brooklyn Blvd. Munch Box Snack Service 6840 Shingle Cr. Pkwy. Nature Food Center Brookdale Shopping Ctr. Northport Elementary School 5421.Brooklyn Blvd. One Potato 2 Brookdale Shopping Ctr. Orange Julius Brookdale Shopping Ctr. Rocky Rococo Brookdale Shopping Ctr. St. Alphonsus Church 7025 Halifax Ave. N. Super America 6545 W. River Road Super America 1901 57th Ave. N. Thrifty Scot Motel 6445 James Circle ** es' Standard 6044 Brooklyn Blvd illow Lane School 7020 Perry Ave. N. Sanitarian GARBAGE AND g REFUSE VEHICLE LICENSE Waste Management 10050 Naples ' St. NE ) Sanitarian MECHANICAL SYSTEMS LICENSE A -abc Appliance & Heating, Inc. 611 W. Lake St. Air Comfort, Inc. 3944 Louisiana Circle All Season Comfort, Inc: 55 Mound Ave. Allan Heating & Air Cond. 6020 Culligan Way Berghorst Plumbing & Heating 10732 Hanson Blvd Blaine Heating, Air Cond. & Elec. 13562 Central Ave. NE C.O. Carlson Air Cond. 709 Bradford Ave. N. Centraire, Inc. 13025 Pioneer Trail Consolidated Plumbing & Htg. 1530 E. Cliff Road Frank's Heating & Air Cond. 3107 California St. NE Gas Supply, Inc. 2238 Edgewood Ave. S. Golden Valley Heating &'Air Cond. 5182 W. Broadway Hutton & Rowe, Inc. 2126 2nd 'Ave. Maple Grove Heating & Air Cond. 240 Central Ave. arsh Heating & Air Cond. 6248 Lakeland Ave. N. Midwest Heating & Air Cond. 9809 Valley Forge Ln. Modern Heating ''& Air Cond. 2318 1st St . NE Noel's Heating & Air Cond. 6900 75th Ave. N. 0 ortheast Sheet Metal, Inc. 4347 Central Ave. NE orthwest Service Station Equip. 2520 Nicollet Ave. Pierce Refrigeration 1920 2nd Ave. S. Pump & Meter Service 1800 2nd St. S. Quality: Air 7907 5th St. NE SBS Mechanical, Inc. 7160 Madison Ave. W. Sheridan Sheet Metal Co. 4108 Quebec Ave. N. Standard Heating & Air Cond. 410 W. Lake St. Suburban Heating & Air Cond. 2050 Whitebear Ave. Superior Contractors, Inc. 6121 42nd Ave. N. Thompson Air Cond. 5115 Hanson Ct. Fred Vogt & Co. 3260 Gorhham Ave. Ray Welter Heating Co. 4637 Chicago Ave. Yale, ,Inc. 9649 Girard Ave. S. - QUYI_ - Build i Official MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd Brookdale Ford 2500 Cty. Rd. 10 Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. North Star Dodge 6740 Brooklyn Blvd. i y C' er, GNPERISHABLE VENDING MACHINE LICENSE Royal Crown Beverage Co. P.O. Box 43466 American Bakeries 4215 69th Ave." N. _ Q1Ynr� Sanitarian RENTAL DWELLING LICENSE Initial: James Sautter 5933 Aldrich Ave. N. H. Oien & E. Sullivan 5801 Brooklyn Blvd. Paul & Barbara Allison 5850 Knox Ave. N. Leroy T. Futscher 6712 Dupont Ave. N. W. Wetzel & L. Grones 4701 - 03 68th Ave. N. Renewal: Redevco Marvin Garden Townhomes ` Clarence Isaacson 6801 Aldrich Ave. N. Duane & Jessie Erickson 7019 Dallas Road Roger B. Reger 5001 Ewing Ave. N. Joon K. Kim 4811 Lakeview Ave. N. David Zemke 6813 Noble Ave. N. Reuben & Diane Ristrom,'Jr.. 6819, 21 Noble Ave. Robert Berglund 6833, 35 Noble Ave. Curtis Erickson 4809, 11 Twin Lake Ave. Gary & Carol Meinke 3601 47th Ave. N. Jack Lescault 3507 62nd Ave. N. Roger L. Lundquist 3910 65th Ave. N. Lee Marwede 4700, 02 68th Ave. N. Kathleen Griesser 1708 69th Ave. N. Director of Planning and Inspection SWIMMING POOL LICENSE` Beach Condominiums 4201 Lakeside Ave. N. Brookdale Ten Apts. Hwy 100 & 53rd Ave. Earle Brown Farm Apts. 1701 -07 69th Ave. N. Evergreen Park Apts. 7200 Camden Ave. N. Four Court Apts. 2836 Northway Dr. Garden City Court 3407 65th Ave. Hi Crest Apt. 1300 67th Ave N. Holiday Inn 1501 Freeway Blvd Moorwood Homeowners Assoc 5809 Lake Curve Ln. Northbrook Apts. 1302 69th Ave. N. Northlyn Apts. 6511 Humboldt Ave. N. Twin Lake North Apts. 4536 58th Ave. N. Sanitarian GENERAL APPROVAL: e ld G. Splinter, ,it lerk Main Office' 3250 West 66th Street Edina, Minnesota 55435 612/926.5151 North Office: 6707 Shingle Creek Parkway l j�� C Bfooklyn Center, Minnesota 55430 Ol�����RD P 'Z0I �J.'�T E t IYT• 612/560.2380 March 22, 1984 Mr. James Grube, P. E. City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Improvement Hearings Brooklyn Center, Minnesota Dear Jim: I am responding to your letter to me dated ;larch 12, 1984, regarding the public hearing for the street improvements on Shingle Creek Parkway. It is our intention to commence construction on the Ramada Hotel during • 1984. Thus the improvements along Shingle Creek Parkway, that we have requested, can be officially ordered. We are 99.9% certain of the project at.this time and thus, you may consider this written confirmation of our desire to have the improvements put in. The $8,275 check representing the 20% down payment is attached. I do plan on attending the public hearing that night, so if there are any questions regarding this proj ect or us in the Ramada Hotel, please feel free to ask at that time. If you have any questions prior to that, do not hesitate to call me. Sincerely, . L. A. Beisner Vice President Commercial Development LAB:sl Enclosure An tv JAMES hIi 11:\RD VI\' f' :ONzz' LIMITED I: i.�ut.t�nta,ia ;7