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HomeMy WebLinkAbout1982 11-22 CCP Regular Session CITY COUNCIL, AGENDA CITY OF BROOKLYN CENTER NOVEMBER 22, 1982 7:00 p.m. 1. Call to Order 2. Roll, Call 3. Invocation 4. Open Forum S. 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 November 8, 1982' 7. Presentation by City Council a. Jodi Lundquist, Miss Minnesota T.E.E.N. b. Town Baseball Team,, 1982 Class A Baseball,_ Champions 8. Presentation by Hennepin County Park Reserve District of Year Park Plan 1982 -1986 *9. Performance Bond Releases /Reductions Releases: *a. MTC, 6845 Shingle Creek Parkway *b. Banco Properties, 5717 Xerxes Avenue North Reductions: *a. Ryan Construction, 6300 Shingle Creek Parkway r.._ ...,:._, *b. Red Lobster, 7235 Brooklyn Boulevard *c. Standard Oil 6600 West River Road i *d. Lynbrook Bowl, 6357 North Lilac Drive *10. Subdivision Bond Release ' - Subdivision bond release for Jody Addition' by Dave Brandvold)` consisting of cul -de -sacs on Drew and Ewing Avenues north of 65th Avenue and south of I -94. i i CITY COUNCIL AGENDA -2- November 22, 1982 11. Resolutions: a. Amending Year VII Community Development Block Grant Funds -This resolution would provide CDBG funding for a solar demonstration project. `b. Accepting Bid and Awarding Contract for Purchase of High. Velocity Hydraulic Sewer Cleaner for the Public Utilities, Division C. Approving Supplemental Agreement No. 1 to Contract 1982 -H (Alley Improvement Project No. 1982 -14 located from 53rd to 54th Avenues between Emerson and Dupont Avenues) This resolution provides for construction of driveways on private property adjacent to the alley improvement. Construction costs will be assessed against the private properties under the terms of executed agreement between the property owners and City. *d. Accepting Work Performed under Alley Improvement Project No. 1982 -14 (Alley Construction from 53rd to 54th Avenues between Emerson and Dupont Avenues) e. Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessment for Alley Improvement Project No. 1982 -14 *f. Accepting Work Performed under Contract 1981 -H (Freeway Boulevard from Xerxes Avenue to Shingle Creek Parkway: Street Improvement Project No. 1981 -18, Sidewalk Improvement Project No. 1981 -19, Storm Sewer Improvement Project No. 1981 -20) g. Approving Agreement with Minnesota Department of Transportation for Railroad Grade Crossing Improvement on France Avenue North (M.S.A.S. 105} -' h. Approving Specifications and Authorizing Advertisement for Bids for 30.000 GVW Truck -This item is authorized in the 1983 Budget. ..i. Relating to a $1,600,000 Commercial Development. Revenue Note (Shingle..,_,., Creek Eleven Project) ; Amending Resolution No. 81-15 and. Authorizing the Execution, Issuance and Delivery of..an Amended•and Restated Note -This project comprehends a spec industrial building located at 6707 Shingle Creek Parkway. 12. Public Hearing (7:45 p.m.) To Consider an Amendment to the Single Family Mortgage Bond Program _ 13. Planning Commission Items (8:00 p.m.) a. Planning Commission Application No. 82041 submitted by Joe Hamm for preliminary plat approval to subdivide- nto.two _lots the land at 65 01, Brooklyn Boulevard. The Planning Commission recommended approval of - Application No. 82041 at its November 4, 1982-meeting. E CITY COUNCIL AGENDA -3- November 22, 1982 b. Planning Commission Application No 82044 submitted by doe Hamm for site and building plan approval to construct a three -unit apartment on the land to be created under Application No. 82041 at 4010 -65th Avenue North. The Planning Commission recommended approval of Application No. 82044 at its November 4, 1982 meeting. C. Planning Commission Application No. 82043 . submitted by Kenneth Bergstrom for reliminar p y plat approval to divide Outlots A, B, C, D, E, and F. of Hi Crest Square Estates into 32 townhouse lots on the R3 zoned land, east of Humboldt Square Shopping Center, south of 69th Avenue North. The Planning Commission recommended approval of Application No. 82043 at its ` November 4, 1982,meeting. d. Planning Commission Application No. 82045 submitted by•H. E. Homes, Inc. for site and building plan approval to construct 42 townhouse - ;dwelling units in Phase 2 of the Hi Crest Square Estates and two units in Phase 1. The Planning Commission recommended approval of Application No. 82045 at its November 4, 1982 meeting. 14. Recommendation for Awarding Contract for 1982 Audit 15. Discussion Items: j a. Update'on Water Supply Study b.. Consideration of Closed Circuit Television for Police Department C. Executive Session for Update on Labor Negotiations *16. Licenses 17. Adjournment i t t - - Y • j p j f DEPARTMENT OF TRANSPORTATION 320 Washington Av. South t Hopkins, Minnesota 55343 �NE $ r mamupIN 935 -3381 November 22, 1982 Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn-Center, Minnesota 55430 Dear Mr. Knapp: Re: Revocation CSAH 130 (69th Avenue North) Chuck Weichselbaum, District 5 State Aid Engineer, informed us that Mn /DOT Central Office objects to the contingencies in Brooklyn Center Resolution No. 82 -49 concerning the revocation of CSAH 130, A copy of this resolution was submitted to the Commissioner of TransDortation, along with other required data, to receive final CSAH revocation approval and issuance of the Commissioner's Order Number. In order to keep the revocation process moving, I request that the City adopt a new resolution that deals solely with the revocation of CSAH 130, I `ve attached a sample "Resolution of Concurrence" for your use, If you have any questions, please contact Douglas Mattson at this offi Sincerely, James M. Wold, P.E. Chief, Planning. and Programming JMW /DBM:pI Attachment HENNEPIN COUNTY an equal opportunity employer Sample Resolution . r RESOLUTION OF CONCURRENCE BE IT RESOLVED, That the City Council of the City of Brooklyn Center concurs with the revocation of County State Aid Highway 130 (69th Avenue North)" within the City of Brooklyn Center from the intersection with Trunk Highway 152 (Brooklyn Boulevard) thence east along 69th Avenue North to the intersection with Trunk Highway 252 (West River Road) and there terminating; as described in Commissioner of Highways Order No. 27368 dated April 15, 1958; and that this roadway be returned to the City of Brooklyn Center to be under their jurisdiction as a municipal street., ' Adopted 19 Mayor Attest 'City :Cler CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of the City of Brooklyn Center on 19 , City Clerk City of Brooklyn Center 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 NOVEMBER 8, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene.Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Cilke of the Brookdale Assembly of God Church. 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 AGENDA Mayor Nyquist inquired if any of the Councilmembers desired any items removed from the Consent Agenda. The City Manager noted there was an error in the minutes of the November 2, 1982 special session regarding the counts for the write -in -votes for Councilmember. He explained the numbers indicated in the minutes were incorrect and should be changed to coincide with the resolution passed concerning the canvass of the election. He also noted.that Viking Gym was added to the license sheet for approval of a special food handling license. Councilmember Theis requested item'7c be removed from the consent agenda and Council member Lhotka requested that item 9b be removed from the consent agenda. APPROVAL OF MINUTES - SPECIAL SESSION - AUGUST 30, 1982 There was a motion by- Councilmember Scott and seconded by Councilmember.Theis to approve the minutes of the August 30, 1982 City.Council meeting as submitted. Voting . in favor: Mayor Nyquist, Councilmembers'Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis. to approve the minutes of the November 2, 1982 City Council meeting with the correction noted by the City Manager. PERFORMANCE BOND RELEASES There was a motion by Councilmember Scott and seconded by Councilmember Theis to 11 -8 -82 -1- authorize the release of the following performance bonds: 1. .7- Eleven, 1500 69th Avenue North in the amount of $2,000. 2. Swenson's Ethan Allen Store, 2300 Freeway Boulevard in the amount of $40,000. 3. - Church of the Nazarene, 501 73rd Avenue North in the - amount of $500. 4. "Summit Bank Center, 6040 Earle Brown Drive in the amount of $18,000. 5. 'Earle Brown Bowl, 6440 James Circle 'North in the amount of $10,000. i Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, .Hawes, and Theis. Voting against: none. The motion passed unanimously. PROCLAMATION FOR COMMUNITY EDUCATION DAY There was a motion by Councilmember Scott and seconded by Councilmember Theis • to approve the proclamation declaring November 17,'1982 as Community Education Day in Brooklyn Center. Voting in favor: Mayor Nyquist,- Councilmembers Lhotka, 'Scott,` Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 82 -210 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. l to PALMER LAKE BASIN SITE IMPROVEMENT CONTRACT 1982 -M 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, Celia Scott, Bill Hawes, Gene Lhotka, and Rich Theis; and the the' = following "voted against the none, whereupon said resolution was declared duly passed and adopted. APPOINTMENTS TO ADVISORY COMMISSIONS Mayor Nyquist noted that he had received three applications for appointment to "City Commissions. He explained that Robert S. Becker, Jr. and Carol J. Smith had applied for membership to the Traffic Safety Advisory Committee and that Barry R. Wallerstedt had applied for membership to the Conservation Commission. Mayor Nyquist stated that he is. recommending appointment of all three individuals. There was 'a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Mr. Robert S. Becker, Jr., 6433 Fremont Avenue North and Ms. Carol J. Smith, 7201 France Avenue North to the Traffic Safety Advisory Committee and to appoint Mr. Barry R. Wallerstedt, 7001 Emerson Avenue North to the Conservation Commission. Mr. Becker and Ms. Smith will be completing the unexpired, terms of Mr. Jim Merila and Mrs. Joyce Tolve who have resigned from the Traffic Safety Advisory Committee. Mr. Becker and Ms. Smith will complete the unexpired terms which expire December 31, 1983. Mr. Wallerstedt was appointed to a three year term on the Conservation Commission—. PERFORMANCE BOND RELEASE BROOKDALE SQUARE SF.OPPING CENTER There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to authorize the release of the performance bond for Brookdale Square Shopping Center, 5840 Shingle Creek Parkway in the amount of $180,000. Voting in favor Mayor Nyquist, 11 -8 -8 2 -2- Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS CONTINUED RESOLUTION NO. 82 -211 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR FOUR (4) POLICE SQUAD CARS 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. The City Manager introduced a Resolution Providing for the Issuance and Sale of $2,625,000 General Obligation Improvement Bonds. He explained that this resolution comprehends various construction projects and is intended to provide a bond sale before the January 1, 1983 deadline requiring registration of municipal bonds. He explained the interest rates in the bond market have been improving along with other conditions which would favor a bond sale at this particular time. The Director of Finance explained that on January 1, 1983 municipalities will be required to register bonds and will no longer be able to sell coupon bonds. He explained the result will be an added expense for issuing the bonds. He noted that one of the reasons registration is being required is to eliminate investments by persons desiring to "launder" illegally obtained money. He noted that $2,625,000, is the final figure for the bonds and that 58 projects, going back as far as 1975, will be included. He added that the deadline the bonds must be sold and distributed is December 31, 1982. He also explained the projects have already been assessed. The Director of Finance introduced Mr. Bob Pulscher, a municipal bond consultant. Mr. Pulscher explained that the interest rate for the bonds is estimated at 8.450 and that because of the publication requirements, November 30, 1982 is the earliest date that can be arranged for the bond sale. He stated he is recommending this date for the sale of the bonds. The Director of Finance pointed out that the projects comprehended in the bond sale have been internally financed and that proceeds from the bond sale will be used to pay off the temporary improvement notes which have been used to finance the projects. Councilmember Theis inquired what the City's bond rating was. Mr. Pulscher stated that the City's rating is A -1 and explained that Moody's is apprehensive about the State's ability to pay and their continuing ability to meet local obligations and. that this is reflected in the bond rating. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to . approve a Resolution Providing for the Issuance and Sale of.$2,625;000 General Obligation Improvement Bonds and to set November 30, 1982 at 7:00 p.m. as the date and time for the sale of the bonds. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS 11 -8 -82 -3- PLANNING COMMISSION APPLICATION NO. 82040 SUBMITTED BY STEVE NELSON /LYNBROOK BOWL FOR SPECIAL USE PERMIT TO OFFER LIVE ENTERTAINMENT IN THE NEW RESTAURANT ADDED TO THE BOWLING ALLEY AT 6357 NORTH LILAC DRIVE The Director of Planning & Inspection presented and reviewed for Council members pages 1 and 2 of the October 28, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No 82040. He reviewed the location of the subject parcel and explained that the proposal submitted by Mr. Nelson is for one singer and an a trio of entertainers. He added that the facility does not have room for a large "show band" and that this type of entertainment'is not contemplated in the application. The Director of Planning & Inspection explained ,the - Planning.Commission held a public hearing on the application on October 28, 1982 and`.that no one appeared to speak, at the public hearing. He added that the Planning Commission recommended approval of the application subject to three conditions, which he reviewed for Council' members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82040. He inquired if there was anyone present who wished to speak at the public hearing.' No one appeared to speak and he entertained a motion to close the hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Application No. 82040. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 82040 subject to the following condition 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation for live entertainment shall coincide with on -sale liquor license regulations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 4 of the City Ordinances Relating to Delinquent Water and Sewer Accounts. He explained this ordinance amend- ment would increase the interest rate charged on delinquent public utility accounts from 8% to 12 %. He added that the ordinance was offered for a first reading and that it is recommended a public hearing on the ordinance amendment be scheduled for 8:00 p.m. on December 6, 1982. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for `first reading An Ordinance.Amending Chapter 4 of the City Ordinances Relating to Delinquent Water and Sewer Accounts, and to set the public hearing on the ordinance for 8:00 p.m. on December 6, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 11 -8 -82 -4 ' LICENSES There was -a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE- VENDOR LICENSE Gene Winstead and Company 9624 Lyndale Avenue S. Servomation Corporation 7490 Central Avenue N.E. Twin City Novelty 9549 Penn Avenue S. Fred Dahlin, d/b /a D.V.M. 119 State St. (also known as Dahlco Music) Northern Coin Machine Co. 1481 Marshall Avenue AMUSEMENT DEVICE- OPERATOR LICENSE 1 2545 Co. Rd. 0 Ground .Round 5 Advance Carter. Co. Br oo k dale United Artists Theater 5810 Shingle Creek Pkwy. Pizza Factory 6816 Humboldt Avenue N. CIGARETTE LICENSE Canteen Corporation 6701 Brooklyn Boulevard Canteen Corporation 6845 Shingle Creek Pkwy. Canteen Corporation 1800 Freeway Boulevard Uncle Bob's Quik Six 6600 Lyndale Avenue N. Red Owl Country Store 5425 Xerxes Avenue N. Red Owl Country Store 3600 63rd Avenue N. Country Club Market 5715 Morgan Avenue N Brooklyn Center Country Boy 4401 69th Avenue N. Brooklyn Center Mobil 6849 Brooklyn Boulevard Holiday Inn 1501 Freeway Boulevard Jerry's Super Valu 5801 Xerxes Avenue N. Brooklyn Center Am. Legion Post 4307 70th Avenue N. ARA Services 5910 Shingle Creek Pkwy. COMMERCIAL KENNEL LICENSE - Daisy Mae Dog Grooming 6830 Humboldt Avenue N. LODGING ESTABLISHMENT LICENSE Holiday Inn 1501 Freeway Boulevard . NON- PERISHABLE FOOD VENDING LICENSE ARA Services 5910 Shingle .Creek Pkwy. PERISHABLE VENDING MACHINE LICENSE 'ARA Services 5910 Shingle Creek Pkwy. POOL AND BILLIARD TABLE LICENSE Holiday Inn 1501 Freeway Boulevard 11 -8 -82 -5- a PUBLIC DANCE LICENSE Holiday Inn 1501 Freeway Boulevard OFF -SALE NONINTOXICATING LIQUOR LICENSE SuperAmerica Stations, Inc. 1901 57th Avenue N. SuperAmerica Stations, Inc. _6545 W. River Road Brooklyn Center Country Boy 4401 69th Avenue N Jerry's Super Valu 5801 Xerxes Avenue N. Red Owl Country Store 5425 Xerxes Avenue N. Red Owl Country Store 3600 63rd Avenue N SPECIAL FOOD HANDLING LICENSE Viking Gym, Inc. 6504 Shingle Creek Pkwy. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. - Voting against: none. The motion passed unanimously. POLICE DEPARTMENT REORGANIZATION Councilmember Lhotka commented that he is concerned about the seniority issue with regard to the police department reorganization. Discussion ensued among Council members regarding the police department reorganization and the seniority, issue and there was a general consensus among Council members to agree that the seniority issue is a priority for resolution.- Councilmember Lhotka commented that he would like to see the issue resolved as soon as possible. The City Manager commented that even without the reorganization the seniority issue still exists. He added that he would come back to the City Council with more information regarding the seniority issue at a future Council meeting. 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. The Brooklyn Center City Council adjourned at 8:54 p.m. Clerk Mayor 11 -8 -82 -6- +J N u� 4 Y i 4-j a P-1 o (C fX4 00 z 4 � , r e , A �n 00 441 A 40 u A BOUT THE PARK RESERVE DISTRICT The Hennepin County Park Reserve District serves more than 1 million visitors each year with 24,000 acres of park reserves, regional parks and special - use areas in Hennepin and several adjoining coun- ties. The District was created 25 years ago as a special park district under legislation calling for "... not the es- tablishment of parks or playgrounds of a local or neighborhood character, but rather the acquisition, development and maintenance of large parks, for- ests and other reservations and wildlife sanctuaries." The system is designed to offer the public near -by access to facilities and programs similar to those found in state and national parks. The current out- door recreation program in the parks includes camping, hiking, cross - country skiing, bicycling, horseback riding, nature interpretation, fishing and swimming. The District also operates a natural re- sources program which includes the restoration and perpetuation of both native wildlife and plants in order to provide a quality recreation experience for park visitors. Published in accordance with Minnesota Statute Chapter 398.19. Hennepin County Park Reserve District 3800 County Road 24 Maple Plain, Minnesota 55359 (612) 473 -4693 August 1982 REPORT HIGHLIGHTS ... 1) Close -in regional park development to take high priority in coming years. Il i 2) User fees to comprise increased proportion of operating budget to help offset dependence on property taxes. 3) Outdoor recreation facilities, such as trail sys- tems and campgrounds, to expand to meet growing public demand. 4) Community volunteer efforts to play a major role in implementing new programs. 5) Major public information effort to continue in order to build public awareness of District facilities and programs. PLAN FOR A SYSTEM OF PARKS 1982 - 1986 HENNEPIN COUNTY ate PARK RESERVE DISTRICT CONTENTS: ON THE COVER ... Page A trumpeter swan family at Lake 1 -Board of Commissioners Rebecca Park Reserve. The swans 2- Chairman's report are part of a project to restore the 3 -Park locations map species to the Hennepin County 4 -Key to facilities area where they were common un- 5-Operating ram til being eliminated by over - hunting p g p r0 g in the late 1800's. The project rep- 6- Financial trends resents the District's commitment Projected operating budget to restoring and maintaining the User projections natural resources of the county for 7- Acquisition program the enjoyment of park visitors both 9- Program development today and in the future. 12- Intergovernmental relationships BOARD OF COMMISSIONERS The Park Reserve District is governed This citizens' board, with governing Legislation enacted in 1979 will change by an 11- member board of commis- powers similar to those of a municipal the board's structure effective January sioners. Four members are elected by council, meets monthly to review and 1983. Beginning that year four mem- the public from special park districts act on matters affecting District opera- bers will be elected from special park outside Minneapolis and seven are ap- tions and development. However, the districts located in suburban Hennepin pointed — three appointed at -large board does not have the power of levy County, and three will be chosen from from suburban Hennepin County bythe for operating expenses. Instead, it is re- the membership of the Minneapolis Hennepin County Board of Commis- quired to submit its budget to the Hen- Park Board. sioners, two by the Minneapolis City nepin County Board of Commissioners Council and two by the Minneapolis for approval and levy of necessary Park and Recreation Board. taxes. WILLIAM BARBEAU AMELIA M. DeMUSE RAYMOND N. SEAGREN CHAIR MINNEAPOLIS MINNEAPOLIS MINNEAPOLIS Appointed by Appointed by Appointed by Hennepin County Board Minneapolis Park Board Hennepin County Board CHARLES R. PIHL ANNE -MARIE SOLENSKY WILLIAM E. GENTRY ORONO MINNEAPOLIS VICE CHAIR Appointed by Appointed by NEW HOPE Hennepin County Board Minneapolis Park Board Elective District 2 MALCOLM D. REID PHYLLIS CRIMMINS STENERSON JUDITH S. ANDERSON TONKA BAY MINNEAPOLIS BLOOMINGTON Elective District 3 Appointed by Elective District 4 Minneapolis City Council DONALD C. RINGHAM SHIRLEY A. BONINE MINNEAPOLIS CLIFTON E. FRENCH MAPLE PLAIN Appointed by SUPERINTENDENT & Elective District 1 Minneapolis Park Board SECRETARY TO THE BOARD I STAFF DEPARTMENT OF OPERATIONS DEPARTMENT OF PLANNING DEPARTMENT Donald K. Cochran, director AND ENGINEERING OF ADMINISTRATION David K. Weaver, deputy director John Sunde, director John W. Christian, director Robert C. Gove, Michael E. Dean, northern division manager public affairs manager Gregory A. Mack, southern division manager H. Martin Jessen, central division manager 1 CHAIRMAN'S REPORT Since 1957 the Park Reserve District sional staff. The results of the volunteer has offered city dwellers nearby access services programs have been very en- u^ to uncongested open spaces where couraging. For example, more than 100 f activities such as camping, hiking, volunteers joined the District's cross - cross- country skiing, biking and nature country ski patrol, allowing us to keep all g programs can be enjoyed in natural ski trails open during the 1981 -1982 surroundings. The goal to provide these season. Other requests for volunteers opportunities within a 30- minute drive have been met with similar response. from anywhere in Hennepin County has Volunteer efforts will play a key role in T ram. been achieved, park operations during the next five years. Since publication of the District's last five -year plan in 1977 there has been a The Park Reserve District, unlike most remarkable 130 percent increase in area park systems, has a constituency �n users throughout the system. We pre- crossing both municipal and county dict that this increased demand for the boundaries. During the next five years, unique outdoor recreation opportunities the District's Board of Commissioners the District offers will result in 2.7 million and staff will continue efforts to maintain annual visitors by 1986. and strengthen relationships with other units of government. We will accom- As the District celebrates its 25th anni- plish this partly by increased communi- William Barbeau versary, it faces the challenge of meet- cation with city and county government ing increased demand for regional rec- to keep them apprised of plans for new reational facilities with less financial re- programs and facilities and to seek their sources. In 1981, we began an aggres- advice on policy- making decisions that sive effort to recruit and train volunteers will affect their citizens. to supplement the effort of the profes- My best, 2 -CYO -- William Barbeau Chair Board of Commissioners 2 PARK LOCATIONS ,o ' 52 169 m Creek ipA� 94 Park Reserve ANOKA COUNTY WRI G HT Hassan COUNTY Park 0 ec Reserve 152 52 Coon Rapids Dam I H E N N E P I N Regional Regional Park 19 C O U N Lake T Y Corridor Sarah Fish Lake Lake Regional Regional Park Rebecca Park � s4 9 �, Park mil 52 Reserve 55 Eagle Lake Regional Park pV � I Baker Medicine Lake �-o iPs Park Regional Park W Reserve p ' ; RAMSEY put" 12 j i COUNTY S Memorial Park 94 169 I ��^ 1s IMinneapolls I Wild Goose Allen Wildlife I Chase Island � w - Sanctuary I i Wawatasso ,� v Island-� 0 i r -- _- - -- Bryant Lake -------- -- Regional Parke s4. Carver Park Anderson Lakes Hyland Lake U •��'� Reserve Regional Park park Reserve 34 35 e 5 ° James W. Wilkie DAKOTA Regional Park 42 101 COUNTY SCOTT C O U Ni� Murphy - Hanrehan N 2z Spring Lake Park Reserve Regional Park Cleary Lake I Regional Park I 3 A KEY TO FACILITIES PARK RESERVES REGIONAL PARKS OTHER PARKS ��a 9 � �, ✓d �O �6 09/ d� s /v F/ / �• r • S' L � .O �d .t. / d c S / s d Odr d Cy a 6 r 9 r L s e h /.y. S e c� °r r / si p si <d�o<d ° % rd h <d �C� 4dr Or d, ° d �a Bike trails • • 0 O O • 1 0 1 1 • Boat launch /landing • • • 1 O • • • O O O O • • • Canoe /boat rental • • • O Creative play area • • • O Downhill ski area • Exercise course • Fishing • • • • 10 • 1 O Flower gardens • Golf course • Group camp • • • • • • O • • 10 Hiking trails • • • • • • • • O • • O • • Horseback trails • • • • • • • O 1 • Nature Center O • • • O • Outdoor rec. center O 10 • O O O O O O Picnic area • • O • • • O 01 • • • O O O O • Running trails • • • • • O • • O • Ski touring trails • • • • • • • O • 1 • O • Ski tour rental • • • • • O Snack bar • • • • • O Snowmobile trails • • • • 10 • 01 • 10 Swimming beach • O • • 0 0 •01010 O O Tent campground • • O ±00 O • Trailer campground • O O Existing Facility • Planned Facility O District Headquarters' 4 OPERATING PROGRAM The Park Reserve District has empha- all facilities remaining open. The time woods" in the Hennepin County area. sized outdoor recreation programming donated by volunteers in this effort was This is being accomplished through a balanced with natural resources man- valued at well over $12,000. carefully planned reforestation effort agement throughout its 25 -year history. which, when completed, will leave These two complementary aspects of To make the parks accessible to those many of the park reserves with the ' the operating program provide Twin Cit- without private transportation, the Dis- densely wooded terrain that would have ies residents with recreation opportuni- trict continues to explore the possibility appeared naturally in the mid- 1800's. ties not readily available in other area of obtaining regular public transporta- Other land management projects in- park systems. tion service to its parks. Another such clude the restoration of wildlife habitat, effort, soon to be tested, will involve us- native prairie and wetlands. The District Outdoor recreation ing special mass transportation to bring also operates a shade tree disease people to the parks from major popula- control program which includes the use Camping, wilderness -like hiking, cross- tion centers. of experimental methods for controlling country skiing, horseback riding, ca- Dutch elm disease. noeing and similar activities make the The public safety in the parks is pro - Park Reserve District unique in a metro- tected by the Park Reserve Rangers — Management of lake water quality will politan area. Park visitors can enjoy certified law enforcement officers who take on increasing importance in the these activities, plus more urbanized patrol the system's varying terrains on next five years. Most lakes are experi- pursuits like swimming, boating, pic- foot, horseback, cross - country skis and encing severe eutrophication, meaning nicking and fishing, using the District's snowmobiles, as well as by more con- nutrient levels are reaching intolerable 180 miles of multiple -use trails, 19 ventional means such as squad cars. levels causing an increase in algae camping areas and five beaches. growth and a decrease in oxygen -pro- Natural resources ducing vegetation. If this condition is al- Programs in nature interpretation and lowed to continue, the lake will even - outdoor recreation are offered by natu- The District's natural resources pro- tually become incapable of supporting ralists at the District's three nature cen- gram is intended to create an outdoor life. Measures will be taken by the Dis- ters and at the visitor's center at the environment that enhances recreation- trict to try to reverse this damaging Coon Rapids Dam Regional Park. al experiences for park visitors. The process. program includes both wildlife and land Approximately 90 percent of the operat- resource management projects. Other Operating programs ing funds has traditionally come from a special property tax levy, and user fees Wildlife management efforts include a A potential new facet of the District's have comprised the remaining 10 per- project to restore the once native trum- operating program will depend on the cent. In recognition of the increasing peter swan to the area. The swans, the feasibility of revitalizing the Coon Rap - demands placed on property taxes in largest waterfowl in North America, be- ids Dam for hydroelectric generation. A recent years, the District is exploring came extinct in Minnesota due to over- study will be undertaken to determine if ways to increase the proportion of the hunting in the late 1800's. District efforts hydropower generation at the site is operating budget paid by park users. to re- establish trumpeters here are ex- economically warranted. Should the re- Possibilities include increasing annual pected to yield a free - flying, migrating sults of such a study prove positive, the parking permit fees as well as charging flock of 35 -40 birds within the next five dam would serve a dual public purpose: for recreational use of some facilities years. providing an inexpensive source of en- such as trails. In any case, a prime goal ergy along with its present use as a ma- of the District is to continue providing Deer population in the parks is man- jor recreation area. high - quality service to the public while aged by special - permit hunts, which keeping its property tax revenues within are held when the number of deer ex- the one mill limit set by the legislature in ceeds available food resources. 1979. Several new wildlife projects are plan - An expanded volunteer effort has be- ned and will be accomplished primarily gun to carry part of the outdoor recrea- through the use of volunteers. Included tion workload. In 1981, for example, the are restoration efforts involving the District faced the possibility of closing eastern bluebird, the belted kingfisher some of its cross - country ski trails be- and several species of swallows. cause it could not afford to hire an ade- quate ski patrol. Volunteers were re- Land management includes an ongo- cruited to patrol the ski trails resulting in ing project to re- establish the "big 5 FINANCIAL OPERATING TRENDS YEAR ACRES PEOPLE OPERATING SERVED BUDGET 1972 16,561 421,500 $1,337,600 1973 17,782 501,500 1,446,500 1974 18,984 530,925 1,905,000 1975 19,135 550,898 2,329,007 1976 20,437 623,126 2,527,361 1977 22,280 568,933 2,747,881 1978 22,600 750,015 3,173,475 1979 22,623 1,151,224 3,667,431 1980 22,963 1,221,541 4,300,293 1981 23,185 1,307,636 5,086,753 PROJECTED OPERATING BUDGET INFORMATION YEAR PEOPLE OPERATING MILL LEVY MILLS SERVED BUDGET CEILING LEVIED 1982 1,632,000 $ 5,622,465 1 .678 1983 1,902,000 5,926,344 1 .678 1984 2,079,000 6,352,284 1 .730 1985 2,440,000 6,796,943 1 .734 1986 2,752,000 7,238,745 1 .737 USER PROJECTIONS (BY ACTIVITY) ACTIVITY PROJECTED NUMBERS OF USERS YEAR 1982 1983 1984 1985 1986 Biking 235,000 262,000 284,000 334,000 355,000 Boating /Fishing 169,000 192,000 196,000 251,000 285,000 Camping (Group) 68,000 78,000 91,000 102,000 112,000 Camping (Public) 44,000 54,000 58,000 69,000 83,000 Hiking 143,000 167,000 194,000 222,000 266,000 Horseback Riding 9,000 11,000 12,000 17,000 21,000 Nature Study 129,000 140,000 177,000 209,000 218,000 Picnicking 292,000 325,000 350,000 435,000 511,000 Ski Touring 98,000 121,000 118,000 128,000 136,000 Swimming 182,000 210,000 232,000 305,000 386,000 Other Activities 262,000 256,000 367,000 367,000 377,000 TOTAL 1,632,000 1,902,000 2,079,000 2,440,000 2,752,000 6 ACQUISITION PROGRAM Acquisition is a continuing process. The small, privately owned parcels within running south through Fish and Eagle present goal is for total acquisition of existing park boundaries — the park Lakes ending at Medicine Lake Region - 25,927 acres. The results of 25 years reserve acquisitions are largely com- al Park. Future plans call for this trail to have brought total acres acquired to pleted. These inholdings will be ac- continue eastward from Medicine Lake 23,835, which means that at the time of quired as owners elect to sell and as to connect with the Minneapolis Park publication, this goal is 93 percent com- funding is available. System trails at Theodore Wirth Region - plete. al Park. Current acquisition is focused on com - The source of public money for acquisi- pleting three regional parks, an impor- A possible new addition to the system is tion has, since 1975, been Metropolitan tant section of regional trail in Scott Murphy's Landing, a historical interpre- Regional Recreational Open Space County and the North Hennepin Re- tive village located near Shakopee on funds. These are provided to the District gional Trail Corridor which already con- the Minnesota River. The District Board, under contract with the Metropolitan nects Elm Creek Park Reserve with the Scott County Board and the Metro - Council. Coon Rapids Dam Regional Park. New politan Parks and Open Space Com- acquisition with regard to the North mission have been requested by the di- With the exception of "inholdings" — Hennepin Trail will consist of corridors rector of the Minnesota Valley Restora- tion project to consider including the fa- cility in the Park Reserve District sys- tem. The Restoration Board has offered to donate the facility along with an en- ' f .- dowment fund sufficient to cover oper- ating costs that exceed revenues gen- erated from visitor fees. A final proposal involves Wilkie Regional ' Park, a Park Reserve District property which is currently undeveloped. The U.S. j Fish and Wildlife Service is currently I working toward establishing the Minne- �,, �► i sota Valley National Wildlife Refuge. It is anticipated that Wilkie will become a part of this proposed refuge as soon as the funds are available to complete the + i transfer of title to the Department of the '* Interior. Beyond the scope of this five -year plan is the need for future consideration of scenic roads and parkways, continu- ous belts of open space along stream valleys and the development of a trail system that fully interconnects the Dis- trict's park reserves. Campgrounds for individuals as well as groups are located throughout the Dis- trict parks all within a 30- minute drive of the IDS Tower. 7 LAND ACQUISITION PROGRAM PARK CURRENT ACRES TO BE FUNDS REQUIRED* ACREAGE ACQUIRED 1982 1983 1984 1985 1986 Baker Park Reserve 2,551.93 134.56 $200 Carver Park Reserve 3,287.34 149.80 $50 200 $200 Crow- Hassan Park Reserve 2,579.08 20.22 45 Elm Creek Park Reserve 4,814.80 42.65 Hyland-Anderson Lakes Park Reserve 1,236.80 22.03 Lake Rebecca Park Reserve 2,159.57 102.22 $200 $300 Murphy - Hanrehan Park Reserve 2,299.81 605.16 500 600 Bryant Lake Regional Park 159.38 71.06 1,500 Cleary Lake Regional Park 1,044.17 4.51 Clearwater - Pleasant Regional Park 245.05 103.20f 120 120 120 Coon Rapids Dam Regional Park 363.17 251.52 Eagle Lake Regional Park 191,78 47.73 680 Fish Lake Regional Park 158.32 Lake Sarah Regional Park 172.38 11.59 20 30 Medicine Lake Regional Park 295.38 67.14 500 Spring Lake Regional Park 345.00 150 North Hennepin Regional Trail 566.52 213.34 750 450 300 500 Scott County Regional Trail 145.00 250 250 Other 1444.73 77.81 TOTALS 23,915.21 2,068.54 $3,695 1 $1,380 $570 $620 $1,770 'costs in thousands tsubject to further study LAND ACQUISITION HISTORY 25,984 total Pro- jected 25,000 subject to 20,949 total funds avail - 20,000 able 15,226 total 15,000 Total V 11,589 total acres at Q 10 459 end of years N W 10,000 indi- cated Q 5,723 _ 5,000 3,637 2,966 Acqui- 2,069 sition 1,130 during years YEARS 1957 -1961 1962 -1966 1967 -1971 1972 -1976 1977 -1981 1982 -1986 cated ACQUISITION 8 DEVELOPMENT PROGRAM The development program closely fol- REGIONAL SPECIAL USE AREAS are also take place at Bryant Lake, Fish lows the law governing the Park Re- developed for a specialized or single Lake, Eagle Lake and Cleary Lake Re- serve District which mandates the Dis- purpose. gional Parks during the next five years trict's primary duty as "... not the estab- provided that adequate funds are avail - lishment of parks or playgrounds of a lo- In its first 24 years, the District's devel- able. cal or neighborhood character, but ra- opment efforts were concentrated on ther the acquisition, development and the park reserves. Development efforts The multiple -use North Hennepin Trail maintenance of large parks, forests and will shift to regional parks in the next five Corridor, which now connects Elm other reservation and wildlife sanctu- years to meet an increasing demand for Creek Park Reserve with Coon Rapids aries." areas devoted primarily to outdoor rec- Dam Regional Park is scheduled for ex- reation. Most development funds will tension from Elm Creek to Medicine Classification of components com- come from the Metropolitan Council. Lake Regional Park. prising the park system: The 295 -acre Medicine Lake Regional Some of the facilities in the park re- PARK RESERVES are large parks offer- ing outdoor recreation facilities in nat- ural settings. Each park reserve should -+* contain at least 1000 acres of land. x Sites of several thousand acres are pre- ferred. Park reserves are developed ac- cording to the "80/20" land -use policy enacted by the Park Reserve District Board in the late 1950's. The policy calls for at least 80 percent of park re- serve land to be returned to and main- tained in its natural state. As much as 20 percent may be developed for recrea- tional purposes compatible with the natural environment. Recreational de- velopments include campgrounds, na- ture centers and trails for cross - country skiing, hiking, bicycling and running. Fa- - cilities for picnicking, swimming and boating are also included in the 20 percent. REGIONAL PARKS may be almost ex- clusively developed for outdoor recrea- tion. These parks are several hundred fi ` acres in size and are located in natural settings contiguous to lakes, rivers and Canoe routes along the Crow and Mississippi Rivers inter - connect a number of streams. Regional parks contain many the Park Reserves and Regional Parks. of the facilities of park reserves, such as multi -use trails, concentrated into Park will be a center of development serves are more than 20 years old and smaller areas. activity during the next three years. The need updating, improvements and ex- first scheduled improvement is a boat pansion. The District's Board reviews REGIONAL TRAIL CORRIDORS con- launch to be completed in late 1982. such needs at least annually and in- nect some parks with multiple -use trails Swimming and picnicking facilities will cludes appropriate projects in its devel- developed for hiking, cross - country ski- follow in 1983. Because of Medicine opment plan. Examples of facilities that ing, horseback riding, bicycling and Lake's proximity to Minneapolis, the have been improved include the 1981 snowmobiling, park is expected to attract some of the changes made to the Baker Park same users that now frequent that city's Campground such as the addition of 54 REGIONAL HISTORIC PARKS contain regional parks. new sites and 22 electrical hookups. sites, objects or buildings of historical Shower facilities were also added. archeological or paleontological signifi- Major recreational developments will cance. 9 DEVELOPMENT PROGRAM SITE/PROJECT 1982 1983 1984 1985 1986 Baker Park Reserve Resource rehabilitation $25,000 $25,000 $30,000 $25,000 $25,000 Turf irrigation: Beach /Picnic 100,000 Picnic shelters 135,000 Maintenance shoo 355,000 Lake access: Sourzem /Halfmoon 80,000 Outdoor recreation center 825,000 Golf course improve /expand Sub - totals 25,000 260,000 1,290,000 25,000 25,000 Carver Park Reserve Resource rehabilitation 15,000 30,000 35,000 25,000 Family campground 120,000 Maintenance shop 355,000 Sub - totals 135,000 30,000 35,000 25,000 355,000 Crow - Hassan Park Reserve Resource rehabilitation 25,000 25,000 25,000 Sub- totals 25,000 25 000 25 000 Elm Creek Park Reserve Resource rehabilitation 30,000 35,000 50,000 25,000 Bike /Hike trail completions 90,000 Turf irrigation: Swim /Picnic 40,000 Group camp shelters 100,000 Family campground 135,000 Larry Haeg recreation area 830,000 Sub- totals 90,000 170,000 35,000 185,000 855,000 Hyland- Anderson Lakes Park Reserve Resource rehabilitation 25,000 25,000 60,000 35,000 10,000 Ski area chair lift #2 400,000 Ski area underground water lines 115 Ski area chairlift #3 460,000 Picnic area improvements 800,000 Maintenance equipment building 110,000 Ski jump support facilities 165,000 Sub - totals 540,000 1,285,000 170,000 200,000 10,000 Lake Rebecca Park Reserve Resource rehabilitation 25,000 25,000 50,000 25,000 25,000 Water quality improvement 30,000 Maintenance equipment building 110,000 Family campground 135,000 Sub - totals 55,000 25,000 295,000 25,000 25,000 Murphy - Hanrehan Park Reserve Resource rehabilitation 25,000 25,000 20,000 60,000 Family campground 135,000 Sub - totals 25,000 25,000 20,000 1 195,000 Continued on next page 10 DEVELOPMENT PROGRAM (CONTINUED) SITE/PROJECT 1982 1983 1984 1985 1986 Bryant Lake Regional Park Picnic - Swim -Lake access $500,000 $900,000 Sub - totals 500,000 900,000 Cleary Lake Regional Park Resource rehabilitation $15,000 $25,000 $45,000 Turf irrigation: Beach /Picnic area 15,000 Group camp Shelters 65,000 Outdoor recreation center 450,000 Sub - totals 545,000 25,000 45 Coon Rapids Dam Regional Park Resource rehabilitation 15,000 Group camp shelters 30,000 Sub - totals 30,000 15,000 Eagle Lake Regional Park a e water quality study 5,00 Picnic - Swim -Lake access 1,375,000 Sub - totals 25,000 1,375,000 Fish Lake Regional Park Lake water quality study 25,000 Picnic-Swim-Lake access 1,375,000 Sub - totals 25,000 1,375,000 Lake Sarah Regional Park Lake water quality study 25,000 Sub - totals 25,000 Medicine Lake Regional Park Picnic - Swim -Lake access 1,850,000 Phase II development 1,100,000 1,000,000 Lake water quality study 25,000 Sub - totals 1,850,000 1125,000 1,000,000 Spring Lake Regional Park Lake water quality study 25,000 Sub- totals 25,000 North Hennepin Regional Trail Coon Rapids Dam to Elm Creek 375,000 Elm Creek to Medicine Lake 1,425,000 Sub - totals 375,000 1,425,000 Scott County Regional Trail Murphy - Hanrehan to Shakopee 1,235,000 Sub -total 1,235,000 District/System facilities Central maintenance shop 1,500,000 Bd. Rm. & Administr Offices 250,000 Phase III Plant materials Nursery 175,000 Sub - totals 1,750,000 175,000 TOTALS $5,320,000 $3,545,000 $3,990,000 $3,305,000 $4,195,000 �. 1 INTERGOVERNMENTAL RELATIONSHIPS Actions taken by the Park Reserve Dis- trict Board affect and are in turn af- fected by numerous other governmen- tal entities. The State Legislature, which authorized the creation of the park reserves, sets the District's mill levy limit and deter- i mines the structure of its board of com- missioners. The Hennepin County Board annually reviews the District's operating budget and authorizes a property tax mill levy within the current legislative limit. The Metropolitan Coun- cil, with its advisory Parks and Open - k Space Commission, is responsible for planning and funding the acquisition and development of the metropolitan regional park system. The District con- ri . tracts with various municipalities for fire protection, and there is continuous co- operation between municipal police de- An aerial view of the Coon Rapids Dam Regional Park. Once a hydropower partments and the District's park ranger source for NSP, the dam was converted to a major recreation site by the District force. in 1978. The Park Reserve District then has many constituencies whose needs it must assess and whose cooperation it ' must enlist in order to keep the Park system running smoothly. Efforts to improve the District's inter- governmental relationships will contin- ue during the ensuing five -year period. Special contacts are planned to in- ; crease communications with munici- ti pal, county, regional and state govern- ment in order to keep the decision - making process of the board open to public scrutiny. Joint powers agreements, such as the Scott - Hennepin Park Authority under which the District operates parks in Scott County, will continue as examples f of how shared governance ventures' can work to meet regional recreation `l needs. Finally, the District hopes to reach mu- tual agreement with the City of Minnea- polis on an equitable approach to the A foot bridge at the Elm Creek Park Maple syrup making is among the in- maintenance funding of Minneapolis' Reserve creative play area. terpretive and outdoor recreation pro - regional park holdings, A joint powers grams offered in the parks. agreement between the Park Reserve District and the Minneapolis Park Board is one possible outcome of these dis- 12 cussions. •� MEMORAND(IlM I L f TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planning Assistant SLBJEC.P: Performance Guarantees DATE: November 19, 1982 The following performance guarantees are recamnended for release or reduction as specified: 1. MCC 6845 Shingle Creek Parkway Planning Ommission Application No. 79040 Amount of Guarantee - $60,000 bond Obligor - MCC Original bond of $160,000 was authorized for reduction to $60,000 on June 8, 1981. At that time, a number of trees were either dead or missing and the site was poorly maintained especially in front. MCC has recently installed about 15 trees around the site of carmparable or better quality than those that were missing. The site is also much better maintained and outside storage of buses has been reduced to a minimum. Recommend total release. 2. Northwest Banco Autcxmatic Teller Machine 5617 Xerxes Avenue North Planning Commission Application No. 82029 Amount of Guarantee $10,000 bond Obligor - Banco Properties All improvements have been installed on this shall project. Re=mlend total release. 3. Brookdale Corporate Centex 6300 Shingle Greek Parkway Planning Commission Application No. 81012 Amount of Guarantee - $75,000 bond Obligor _- Ryan Construction Comipany Paving, curb and gutter have been installed. Landscaping has been planted in accordance with L the approved plan, but a number of trees have died and been replaced. Temporary bituminous curb has been installed along the south property line in anticipation of the construction of Phase.II to the south. Re=ffrend reduction from $75,000 to $15, 000 to cover curbing on the south property line and to ensure:viability of recent landscape replacenents. 4. Lynbrook Bowl 6357 N. Lilac Drive Planning Commission Application No. 81032 Amount of Guarantee - $50,000 bond Obligor - Lynbrook Bowl All improvements have been installed in accordance with the approved plan. Recommend reducing bond from $50,000 to $5,000 until spring to ensure that plantings survive this winter. Page 2 Novenber 19, 1982 5. Quik Six 6600 West River Road Planning Commission Application No. 81064 Mount of Guarantee $22,000 bond Obligor - Standard Oil All improvements bave been installed in accordance with the approved plan. Recat end reducing bond from $22,000 to $2,000 until spring to ensure viability of plantings through the winter. 6. Red lobster 7235 Brooklyn Boulevard Planning Commission Application No. 82011 Amount of Guarantee $60,000 bond Obligor - Sigma Con Division,General Mills Restaurant Group, Inc. All improvements have been installed in accordance with the approved plan. landscaping actually exceeds that shown on the plan. Recce reducing bond from $60,000 to $5,000 until spring to ensure viability of required landscaping. Approved by- ; --�- -- Ro d A. Warren, Director of Planning and Inspection y TO: Sy Knapp, Director of Public Works FROM: Jim Grube, Assistant City Engineer DATE: November 18, 1982 RE: Subdivision Bond Release - Jody Addition (Cul -de -sacs on Drew and Ewing Avenues between 65th Avenue and F.A.I. 94) A performance bond in the amount of $24,500.00 was issued by the State Surety Company in the name, of David Brandvold as a guarantee for improvements to Jody Addition. The bond provided coverage for monumentation, grading, paving, landscaping, and utility extension within the subdivision. All improvements have been acceptably completed; therefore, it is recommended the City Council release the bond as requested by the Developer. SK:3n Member introduced the following resolution and moved its adoption: r RESOLUTION NO. RESOLUTION AUTHORIZING THE AMENDMENT OF THE CITY OF BROOKLYN CENTER'S COMMUNITY DEVELOPMENT PROGRAM TO HENNEPIN COUNTY AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORDANCE WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED WHEREAS, the City of Brooklyn Center has executed a cooperation agreement with Hennepin County agreeing to participate in an urban Hennepin County Community Development Block Grant Program; and WHEREAS, a three year community development program and housing assistance plan has been prepared consistent with a comprehensive urban Hennepin County Community development strategy and community development program regulations; and WHEREAS, the three year community development program and housing assistance plan has been subject to citizen review pursuant to the Hennepin Urban County Citizen Participation Plan; and WHEREAS, a Solar Demonstration Project was included in Year VII of that program and approved in the amount of $40,000; and WHEREAS, the original appropriation is not sufficient to complete the project as described in the application. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Brooklyn Center ,approve the proposed amendment to the Community Development Program and Housing Assistance Plan and authorize the amendment of the Year VII application by transferring $10,000 from the Year VII contingency fund to the solar demonstration project. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: r� and the following voted against the same: whereupon said resolution was declared duly passed and adopted. - Member introduced the following resolution and moved 'its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PURCHASE ti.. OF HIGH VELOCITY HYDRAULIC SEWER CLEANER WHEREAS, pursuant to an advertisement for bids.for the purchase of a velocity hydraulic sewer cleaner, bids were received, opened, and tabulated on the 16th day of November, 1982, said tabulations as follows: Flexible Pipe Novack- Koland MacQueen Tool Equipment Equipment Company Inc. I nc. Base Bid lA $40,500.00 $45,452.33 $44,057.00 Base Bid 1B $43,200.00 $47,898.67 NO Bid Alternate Truck Bid 2A $37,050.00 NO BID $45,661.00 Alternate Truck Bid 2B $39,750.00 NO BID NO BID Used Equipment Bid 3 NO BID $32,337.00 NO-BID Used/New Equipment Bid 3B NO BID $38,133.29 NO BID AND, WHEREAS, the Director of Public Works has advised the City Council that the bids submitted for used equipment are not in the best interests of the City of Brooklyn Centex; and WHEREAS, the Director of Public Works has also advised that the Alternate Truck Bid submitted by the Flexible Pipe Tool Company does not meet the specifica- tions; and WHEREAS, it appears that the Base Bid of the Flexible Pipe Tool Company in the amount of $43,200 is the lowest responsible bid meeting the specifications and which is in the best interests of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the bid of the Flexible Pipe Tool Company for .Base Bid 1B in the total amount of $43,200.00 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into contract for the purchase of said equipment in accordance with the terms of the specifications. I Date Mayor ATTEST; Clerk i The motion for the adoption of the foregoing resolution was duly seconded b P g g Y Y member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: said resolution was declared duly passed and adopted. TO: herald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 19, 1982 RE: Bids Received For Purchase Of High Velocity Hydraulic Sewer Cleaner On November 16th bids were received and opened for the purchase of a High - Velocity Hydraulic (Jet) Sewer Cleaner. Three bidders submitted bids, as shown on the attached bid tabulation. Following is our evaluation of the primary options relating to this purchase: New Unit vs. Used Equipment Only one of the bidders (Novack- Koland Equipment, Inc.) submitted bids on used equipment. Their Bid (3A) for a 1979 sewer cleaner mounted on a 1979 truck is $32,337.00. They also submitted an alternate bid (3B) to transfer that same sewer cleaner to a new 1983 truck, at a total bid price of $38,133.29. Under either of these alternates, the bidder proposes to furnish a 1 year dealer's warranty equal to the warranty for a new unit. It is our opinion that this is not a particularly good price, and that because we received an excellent low bid for new equipment, the City's interests will be best served by purchasing 'a new unit. Base Bid IA vs. 16 As per er our specifications, "Base Bid 1A" provides for the inclusion of a steel P P tank with an epoxy inner coating while "Base Bid 1B" provides for use of a stainless steel tank in lieu of theepoxy -lined tank. Under the low bidder's proposal (i.e. Flexible Pipe Tool Company) the additional cost for the stainless steel tank is $2,700.00. To evaluate the option, Craig Hoffman has obtained the following information: The City of Bloomington's machine has developed "pin holes" in it's steel tank several times which have required repair, and q P after 10 years of use they replaced the bottom of the tank at the same time they shifted their sewer cleaner unit to a new chassis. (Note: They are apparently expecting that unit to last another 5 to 10 years!) - The City of Fridley reported a cost of $1,300 for tank repair on their old unit; and they are purchasing a new unit with a stainless steel tank. The Cities of St. Louis Park and Maple Grove both report both replacing their steel tanks with stainless steel tanks. - The City of' Minneapolis has purchased stainless steel tanks on their last 3 units which they have purchased. November 19, 1982 Page 2 It is noted that most f the 1 h 1 tanks relate to tanks s o e prob ems reported with stee a which were not epoxy coated. It is our opinion that epoxy coating will protect the tank very well so long as it remains in place. However, once. damage occurs, it'is very _difficult to effect proper repair to prevent future corrosion. Accordingly, it is our opinion that the additional $2,700 is money well spent to reduce future repair costs "down P os s and o n time . Alternate Bid No. 2 The specifications allowed bidders the opportunity to submit bids for alternate truck chassis under Bid Item 2A or 2B. Our intention in providing this alternate was to allow bidders to give us alternate quotations on different brand -name trucks, still meeting the specifications. However, the low bidder (Flexible Pipe Tool Company) submitted a bid for a "Ford F -700 truck with a straight transmission in lieu of a "Ford C -700 truck with an automatic transmission as specified. The $3,450 reduction for this alternate is composed of: a $943 reduction for the F -700 conventional cab in lieu of the cab -over- engine design required to meet the 111 inch wheel base .specified the F -700 has a 153 inch wheel base a $2,507 reduction for a 5 speed standard transmission in lieu of the automatic transmission specified. We recommend that this alternate bid be rejected as not meeting the specifications. It is our firm opinion that the specifications are justified on the following basis: The shorter wheel base required by the specifications provides for a much more maneuverable unit. Whilte most situations provide adequate -room for maneuvering conventional unit into lace the smaller 9 P turning radius is extremely desirable in those situations where the unit must be backed up to a manhole at the side of a narrow street, or in other tight situations. Under the conditions that this unit will be used (i.e. always at low speed, frequent shifting into reverse /forward, several different drivers, etc.) the automatic transmission will dramatically out- perform a standard transmission with lower repair costs, increased engine life, less down time, driver efficiency, etc., etc. Recommendation Accordingly, we recommend acceptance of the low base bid meeting the specifications with the stainless steel tank option, i.e. Bid No. 1B from the Flexible Pipe and Tool Company, in the amount of $43,200.00. Because it will be approximately April 1st before this unit is delivered, we have requested that the City of Brooklyn Park make its unit available to us if an emergency arises, and their Public Utility Superintendent has assured us of their cooperation. We are also confident that other cities would be willing to assist in the event of an emergency. November 19, 1982 Page 3. Supplementary Information Attached, per request from the City Council, is the following: - a summary of sewer cleaning equipment usage by 14 other metropolitan cities -.descriptive brochures of the sewer cleaning unit offered by the low bidder. Respectfully submitted, KA Y SK: jn CITY OF BROOKLYN CENTER TABULATION OF BIDS RECEIVED NOVEMBER 16, 7982 HIGH VELOCITY HYDRAULIC SEWER CLEANER BIDDER'S NAME Flexible-Pipe Tool Novack- Koland MacQueen. Company Equipment, Inc. Inc, BID BOND' 5% 5% 5% :BID ake /Model No. (Cleaner) Myers MHV7 -15L6 FMC 6540 Aquateck SJ 150OMS ake /Model No. (Truck) 1983 Ford C -700 Chev C -70 CC7DO42 GMC C7DO42 . id Price IA $40,500.00 $45,452.33 $44,057.00 id Price 1B $43,200.00 $47,898.67 NO BID el i very Date 60 -90 days after 30 days after 1 -50 days after award receipt of truck from ..... r o f cha is of contract ;R,NATE TRUCK BID manufacturer. ake /Model No. (Truck) 1983 ford F -700 GMC C7DO42 with air brake .d Price 2A $37,050.00 $45,661.00 'd Price 2B $39,750.00 NO BID NO BID slivery Date 60 -90 days after 150 days after award receipt of truck . . " . ' . � ' of contract EQUIPMENT BID manufacturer. ake /,Mode'l /Yr. (Cleaner) FMC 6540/1979 lake /Model /Yr. (Truck) Chev C- 70/1979 id Price 3 NO BID $32,337.00 NO BID slivery Date 10 days after award of contract ......... . /NEW EQUIPMENT BID 3ke /Vbde1 /Yr. (Cleaner) fMC 6540/1979 ake /Model /Yr. (Truck) Chev C- 70/1983 id Price 36 $38,133.29 liver Date ' 10 days after receipt y ' of chassis SEWER CLEANING FQUiPME,'N USAG CITY Miles of Miles of Per Year Hrs. Per Year Hrs. Storm Sewer Sanitary'Sewer Jet Vacuum Blaine 20.0 110.0 1,080 500 Bloomington 222.6 290.0 2,290 (2 Jets 1,200 Brooklyn Park 30.0 100.0 1,750 100 Colu.*nbia Heights 33.0 60.0 900 900 Coon Rapids 35.4 170.0 1,000" 900 Crystal 29.0 85,0 950_ _40, (- Uses New Hope's) Fridley 50.0 31.0 1,600 50 Golden Valley 24.6 162.0 1,117 440 Maple Grove 70.0 92.0 500 None Minneapolis 418.2 851.3 10,000 (5 Jets ) 1,500 New Hops 35.0 78.0 1,500 500 Plymouth 40.0 170.0 1,900 500 Richfield 50.0 125.0 1,260 240 Robbi.nsdale 14.5 42.5 900 900 Member introduced the following resolution and moved its adoption: RESOLUTION NO. APPROVING AMENDMENT NUMBER 1 TO THE 1982 SINGLE FAMILY HOUSING BOND PROGRAM WHEREAS, Minnesota Statutes Chapter 462C (the "Act ") authorizes the City of Brooklyn Center (the "City ") to develop and administer programs of making or purchasing mortgage loans to finance the acquisition of single family housing units located anywhere within its boundaries for occupancy primarily by persons of low and moderate income; and WHEREAS, the City has prepared a 1982 Single Family Housing Bond Program (the "Program "); and WHEREAS, the City on August 30, 1982, adopted the Program after.a duly noticed and held public hearing; and WHEREAS, the City has determined that it would be in the public interest to amend the program in the manner set forth in the Amendment attached hereto as Exhibit A and WHEREAS, the City has held a duly noticed public hearing regarding such Amendment. 4 NOW, THEREFORE E B IT r RESOLVED Y THE HE CITY COUNCIL of the City of Brooklyn Center, Minnesota 1. That Amendment Number 1 to the 1982 Single Family Housing Bond Program , as is attached hereto and on file with the Cit Clerk is approved. PProved. 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. X EXHIBIT A Amendment No. 1 to the 1982 Brooklyn Center Single Family Mortgage Revenue Bond Program WHEREAS, the City Council of the City of Brooklyn. Center (the "City) by resolution on August 30, 1982, adopted the 1982 Single Family Housing Bond Program (the "Program ") and WHEREAS, the City has submitted the Program to the Minnesota Housing Finance Agency ( "MHFA ") for review and approval and was notified as of September 23, 1982, that the Program was approved.by MHFA; and WHEREAS, the City by resolution on September 20, 1982 adopted the Brooklyn Center Housing Plan and 1982 Single Family Residential Mortgage Revenue Bond Program (the " ; and WHEREAS, the City submitted the Plan including the Program to the Metropolitan Council for review and comment; and WHEREAS, the staff for the Metropolitan Council requested that amendments relating to availability of mortgage loans and consideration of the impact of the Program on other governmental units be adopted; and WHEREAS, the City now desires to amend the Program to include the comments of the Metropolitan Council Staff; NOW, THEREFORE, the City hereby amends the program as follows: 1. The following paragraphs (22) and (23) are added to Subsection 4 of the Program: (22) The housing assistance opportunities provided by this Program will be affirmatively marketed to all housing producers and consumers and will not be restricted only to current residents of the City. (23) In developing this Program, the City has in consultation with its fiscal advisor considered the potential financial impact on affected public agencies. Member introduced the following resolution and moved r7 its adoption: RESOLUTION NO. APPROVING AMENDMENT NUMBER 1 TO THE 1982 SINGLE FAMILY HOUSING BOND PROGRAM WHEREAS, Minnesota Statutes Chapter 462C (the "Act ") authorizes the City of Brooklyn Center (the "City ") to develop and administer programs of making or purchasing, mortgage loans to finance the acquisition of single family housing units located anywhere within its boundaries for occupancy primarily by persons of low and moderate income; and WHEREAS, the City has prepared a 1982 Single Family Housing Bond Program (the "Program "); and WHEREAS, the City on August 30, 1982, adopted the Program after a duly noticed and held public hearing; and WHEREAS, the City has determined that it would be in the public interest to amend the program in the manner set forth in the Amendment attached hereto as Exhibit A; and WHEREAS, the City has held a duly noticed public hearing regarding such Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. That Amendment Number 1 to the 1982 Single Family Housing Bond Program as is attached hereto and on file with the City Clerk is approved. Date Mayor ATTEST Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon n vote bein g taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. "` w ( EXHIBIT A t Amendment No. l to the 1982 Brooklyn Center Single Family Mortgage Revenue Bond Program WHEREAS, the City Council of the City of Brooklyn Center (the "City) by resolution on August 30, 1982, adopted the 1982 Single Family Housing Bond Program (the "Program "); and WHEREAS, the City has submitted the Program to the Minnesota Housing Finance Agency ( "MHFA ") for review and approval and was notified as of September 23, 1982, that the Program was approved b MHFA• a nd g PP Y , WHEREAS, the City by resolution on September 20, 1982 adopted the Brooklyn Center Housing Plan and 1982 Single Family Residential Mortgage Revenue Bond Program (the "Plan") ; and WHEREAS, the City submitted the Plan including the Program to the Metropolitan Council for review and comment; and WHEREAS, the staff for the Metropolitan Council requested that amendments relating to availability of mortgage loans and consideration of the impact of the Program on other governmental units be adopted; and WHEREAS, the City now desires to amend the Program to include the comments of the Metropolitan Council Staff; NOW, THEREFORE, the City hereby amends the program ram as follows: Y Y I P g 1. The following paragraphs (22) and (23) are added to Subsection 4 of the Program: (22) The housing assistance opportunities provided by this Program will be affirmatively marketed to all housing producers and consumers and will not be restricted only to current residents of the City. (23) In developing this Program, the City has in consultation with its fiscal advisor considered the potential financial impact on affected public agencies. . I r z 9; ` 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 NOVEMBER 4, 1982 CITY HALL CALL TO ORDER Trie Planning Commission met in regular session and was called to orderby Chairman George Lucht at 7:35 p.m. ROLL CALL Mair George Lucht, Commissioners Mary Simmons, Lowell Ainas and Carl Sandstrom. Also present were Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross. The Secretary noted that Commissioner Malecki had called earlier in the day and asked to be excused from the meeting because her son is ill. He added that Commissioners Manson and Versteeg had indicated at the last meeting that they would be unable to attend and were excused. DEFER CONSIDERATION OF OCTOBER 28, 1982 MINUTES The Secretary pointed out to the Commission that the minutes for the October 28, 1982 meeting had been set before the Commission for their review. Chairman Lucht stated that the Planning Commis sion would defer any action on the October 28 minutes until its next meeting. ACTION TABLING APPLICATION NO. 82042 (Universal - n` Company) . Following the Chairman's exp anation, t e Secretary recommended to-` the Planning Commission that it acknowledge the request of the applicant to table Application No. 82042. Motion by Commissioner Sandstrom seconded by Commissioner Ainas to acknowledge a request by the applicant to table Application No. 82042 until further con sideration is requested by the applicant. Voting in favor Chair- man Lucht, Commissioners Simmons, Ainas and Sandstrom. Voting against: none. The motion passed. APPLICATION NOS. 82041 and 82044 (Joe Hamm) Th Secretary then introduced the first two scheduled business items for the meeting, a request for preliminary plat approval to subdivide into two lots the land at 6501 Brooklyn Boulevard,(Appli cation No. 82041) and a request for site and building plan approval. to construct a three -unit apartment on the-parcel to be created at 4010 -65th Avenue North (Application No. 8204`4).. The Secretary' reviewed the contents of the staff report '(see Planning Commission Information Sheets for Application Nos. 82041 and 82044 attached). The Secretary added that the Planning Commission may wish to acknowledge the existing pines along the northerly side of the property as meeting the requirements for opaquing screening between ro P P Y P an R4 development and R1 zoned property*. The Secretary explained that the numerous existing trees on the site more than meet the requirement' for one 6" diameter tree for the complex. Chairman Lucht asked the applicant whether -he had anything to add. Mr. Hamm stated that he had nothing to add. ' PUBLIC HEARING FOR APPLICATION NO. 82041 (Joe Hamm) Chairman Luc t t - en = opened 'the meeting for a p is hearing on 11 --4 -82 _�_ Application No. 82041, a preliminary plat. He asked whether anyone f present wished to speak on the application. Hearing none, he called for a motion to close -the public hearing. CLOSE PUBLIC HEARING Motion by l ommissi.oner Sandstrom seconded by Commissioner Ainas to close the public hearing. The motion passed. There was a brief discussion r � northwest corner of the egarding the proposed.0utlot A at the Property. Mr. Hamm stated that he would deed the_outlot over to his neighbor to the north so that the neighbor would have access to his property. garage without going over someone else's ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82041 (Joe Hamm) Motion by Commissioner Anas seconded by Commissioner Simmons to recommend approval of Application No. 82041, subject'to the following conditions: 1. The final plat is subject to review and approval by the City Engineer, 2. The final plat is subject.to the provisions of Chapter 15 of the City ordinances. 3. All easements and property corners shall be shown on the preliminary plat. Voting in favor: Chairman Lucht, Commissioners Simmons, Ainas and Sandstrom. Voting against: none. The motion passed, Chairman Lucht`,then asked for comments regarding the site and building plan. In regard to the existing trees providing adequate screening, Commissioner Simmons asked whether substitute screening would be provided if the trees had to be removed for some reason. The Secretary responded in the affirmative and stated that it would be *the same as if a fence were accepted as a screening device and was torn down. He stated that, in either case, some screening would have to be provided: as required by the Zoning Ordinance. There followed a brief discussion regarding screening between the two lots involved in the plat. Chairman Lucht stated that although the existing single - family, home is a nonconforming use, parking from the proposed three -plex would face directly into the single- family home causing an annoyance. Mr. Hamm stated that he planned on eventually moving the house off the property, though there is no firm arrangement. There was a discussion regarding who should provide the screening and who would benefit most from it. It was generally agreed that both properties would benefit and should share in the cost. Mr. Hamm stated that since he had an interest in the other property as well, he could perhaps provide the-screening in the form of shrubs on the easterly lot. Chairman Lucht stated that he would definitely like to see some shrubbery provided as a screen between the two lots and suggested that that be added as a condition. ACTION RECOMMENDING APPROVAL' OF APPLICATION NO. 82044 (Joe Hamm) Motion by Commissioner Sandstrom secona by Commissioner Ainas to recommend approval of Application No. 82044, subject to the following conditions: 11 -4 -82 -2- 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits.. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. S. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Building plans shall-be certified by _a registered Minnesota architect prior to issuance of building permits. 8. The plat shall be filed at the County prior to the issuance of building permits in accordance with Chapter 15. 9 Existing trees along the north side of the site are deemed adequate to meet the screening re- quirement between an R4 type use and an R1 zoned property. 10. The landscape plan shall be amended to indicate screening of the parking lot with shrubbery between Lots -1 and 2 of the Hamm Addition. Voting in favor: Chairman Lucht, Commissioners Simmons, Ainas and Sandstrom. Voting against: none. The motion passed. - APPLICATION NOS. 82043 and 82045 (Hi Crest Square Estates)` The Secretary then intro aced t e next two items of usiness, a ' request for preliminary plat approval to divide Outlots A, B, C, D,' E, and F`of the Hi Crest Square Estates into 32 townhouse lots (Application No. 82043) and a request for site and building plan approval to construct 42 townhouse dwelling units in Phase Two of the Hi Crest Square Estates and two units in Phase One (Application No. 82045). The Secretary reviewed the contents of the staff reports concerning the applications (see Planning Commission Infor- mation Sheets for Application Nos. 82443 and 82045 attached). Chairman Lucht' asked the applicant whether he had anything to add. Mr. Terry Hartman of H. E. Homes stated that he had nothing to add. The Planning Assistant pointed out that the applicant had requested -the ability to interchange the townhouse plans within the platted lots for the doubles along the east side of the site. Mr. Hartman 11 -4 -82 -3 t explained that there is more interest in a 960 sq. ft. townhouse design than in the 840 sq. ft. townhouse design. He stated that one townhouse design can be substituted for another on any given platted lot without going over the established property lines. The Secretary interpreted Mr. Hartman to say that there are'really 6 different floor plans.for two -unit townhouses that can be com- bined.in various fashions and that the applicant wishes the flexi- bility to do this. Chairman Lucht stated that he had no problem with that request. He asked whether it would be necessary to add this as 'a condition. The Secretary stated that as long as this ' -____understanding is. reflected in the minutes it is not: necessary to add it as a condition. PUBLIC HEARING FOR APPLICATION NO: 82043 (Kenneth Bergstrom) Zhairman Lucht ten opened the meeting for a public hearing con- cerning Application No. 82043. He asked whether anyone present wished to speak on the application. Hearing none, he called for a motion.to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Ainas to y- -close the public hearing. The motion passed.. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82043 ~' (Kenneth Bergstrom) Motion by Commissioner Ainas seconded by CE FIssioner Sandstrom to recommend approval of Application No. 82043, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2-. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3.-,The new plat shall be indluded in the same Homeowners Association as the original Hi _Crest Square Estates Addition and the association documents shall be re- viewed and approved by the City Attorney prior to final plat approval. - in favor: Chairman. Lucht, Commissioner Simmons, Ainas and Sandstrom. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82045 (H. E. Homes) Motion by Commissioner Sandstrom seconded y Commissioner Simmons to recommend approval of Application No. 82045, subject to the following condition: 1. The conditions pertaining to approval of Application No. 82023 (Phase I; see conditions attached) shall continue and shall apply to approval of Application No. 82045, with the exception of Condition No. 8 which has been fulfilled by staff. Voting in favor: Chairman Lucht, Commissioners Simmons, Ainas and. • . Sandstrom. Voting against none. The motion passed. 11 -4 -82 -4- ADJOURNMENT The Secretary stated that there were no business items for the meeting on November 18 and suggested that the meeting be cancelled. By consensus it_was agreed that the November 18 meeting would not be held. Motion by Commissioner Sandstrom seconded by Commissioner Simmons to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:34 p.m. Chairman 11 -4 -82 _5_ "Planning Commission Information Sheet Application No. 82041 Applicant: 'Joe Hamm "Location: 6501 Brooklyn Boulevard Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots and an outlot the parcel of land between Brooklyn Boulevard and 65th Avenue North presently addressed as 6501 Brooklyn Boulevard. The property in question is zoned R5 and is bounded by a single - family home on the north (also zoned R5), by Brooklyn Boulevard on the east, by a two - family dwelling and a four -plex (also zoned R5) on the south, and by 65th Avenue North on the west. The existing legal description is a metes and bounds description as part of Lot 9, Auditor's Subdivision No. 25. The proposed legal description is Lots 1 and 2, Block -1, Hamm's Addition. The subdivision will create a vacant lot approximately 11,400 sq. ft. in area and fronting on 65th Avenue North on which the applicant intends to build a three -unit apartment (see Application No. The remaining lot will 'be 19,341 sq. ft. in area and will abut Brooklyn Boulevard. The proposed lots are each 100' in width, which meets the lot width requirement for parcels in the R5 zoning district. , The northwest corner of the existing lot extends over the driveway leading to the garage of the house at 4012 65th Avenue North. The applicant has proposed creating an outlot and deeding it to the neighboring property, allowing use of this area for access. An easement should also be obtained, if it is not already, for the overhead power lines that run north- and -south in the area of the proposed dividing line between Lots I and 2. In addition, the City currently posesses an 8' wide easement for sidewalk along the easterly portion of Lot 2 abutting.Brooklyn Boulevard. (This easement is in the wrong location on the property which extends to- the. middle -of Brooklyn Boulevard) This easement should be widened to 41' to include street right -of -way and public sidewalk). It would be preferable to have this sidewalk easement as part of the Brooklyn Boulevard right -of -way. However, the dedication of this area of land would reduce the number of townhouses which could be built on Lot 2 from 3.58 (4) to 3.43 (3) units. In light of the reduction in development potential, an easement for sidewalk is deemed sufficient. Altogether, the proposed plat appears to be in order and approval is recommended, subject-to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. All. easements and property corners.shali be shown on the preliminary plat. 11 -4-82 Planning Commission Information Sheet Application No. 82044 Applicant: Joe Harrun Location: 4010 - 65th Avenue North Request: Site and Building Plan The applicant requests site and building plan approval to construct a three -plex on the proposed Lot 1, Block 1, Hamms Addition at 4010 65th Avenue North. The - lot in question is zoned R5 and is bounded by single- family homes on the north and east`, by a four -plex on the south, and by 65th Avenue North on the west. The lot is approximately 11,400 sq. ft. in area, somewhat over the 10,800 sq. ft. required -for three (3) R4 type units at 3600 sq. ft. per unit. An R4 type use is a permitted use in the R5 zoning district. The proposed plan provides for a three -unit building 26' x 56' in ground coverage and set back 35' from 65th Avenue North and 15' from -the northerly lot line where the property 'abuts Rl zoned land. The 15' setback and buffer is required by City Ordinance where R4 uses.abut Rl zoned land at a property line. The site plan calls for six parking stalls which meets the ordinance requirement of two stalls per dwelling unit. The Zoning Ordinance does not require screening of parking lots of six stalls or less. However, the property in question is well screened generally from neighboring property by a dense row of Red Pines that surround the property on the north, west and south. Nevertheless, there is no screening proposed along the east property line which borders on a nonconforming single- family residence. The Commission may wish to request such screening, even though it is not required. The landscape plan for the site relies heavily on the dense existing Red Pines. However, a variety of foundation plantings are scheduled along the front of the building and near the rear corners, including: Gold prop Potentilla, Compact American Vi;bernum, Hughes Juniper, Techney Arborvitae and Compact Pfitzers. In lieu of the existing trees, the proposed landscaping seems adequate for the site.- Drainage from the parking lot and 18' wide entrance drive is to be contained on site. The plan indicates 'curb and gutter around driving and parking areas. A curb drop on the northerly side of the parking lot will allow runoff to drain onto the northeast portion of the site.- The building plans submitted call for a three- unit building with two units up.and one down. A recreation room and storage, laundry and utility room take the place of a fourth unit. Only a front building elevation has been submitted. Building materials include 12" textured lap board siding and face brick on the front and masonite siding on the other three building elevations. The building plans have not yet been certified by an architect. This should be a requirement of obtaining building permits._ Generally, the plans are acceptable and approval is recommended, subject to at least the following conditions I. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 11 -4 -82 4 Application No., 82044 continued 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any•outside trash disposal facilities and rooftop mechanical_ equipment shall be screened from view. 5. Plan approval is exclusive of all signery' which is subject to Chapter 34 of the City Ordinances, 6. 8612 curb and gutter shall be provided around all parking and driving areas. 7. Building plans shall be certified by a registered Minnesota architect prior to issuance of building permits. 8. The plat shall be filed at the County prior to the issuance of building permits in accordance with Chapter 15, 11 -4 -82 a Planning Commission Information Sheet Application No. 82043 Applicant: Kenneth Bergstrom Location: 1300 block of 69th Avenue North Request: Preliminary Plat The applicant requests preliminary 'plat approval to subdivide into 32 townhouse lots the six remaining outlots (A, B, C, D, E and in Hi Crest Square Estates. The new plat is to be called Hi Crest Square Estates 2nd Addition. The land in question lies within the R3 zoned property on the south side of the 1300 block of 69th Avenue North, directly east of Humboldt Square Shopping Center. The new plat does not change the property boundaries of the common area for..Hi Crest Square Estates (Lot 1, Block 1). That the boundaries of Blocks 1 through 6 will be the same as the boundaries of the outlots of the original plat. She new plat provides for a drainage and utility easement across the corner of Lot 1, Block 3 of the proposed 2nd Addition. This is basicly for the storm sewer line leading from the internal roadway (Fremont Place) to the holding pond on the west side of the site. The plat is fairly simple and appears to be in order. Approval is recommended, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final' plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The new plat shall be included in the same Homeowners. Association as the original 'Hi Crest Square Estates Addition and the associ- ation documents shall be reviewed and approved by the City Attorney prior to final plat approval. 11 -4 -82 Planning Commission Information Sheet Application No. 82045 Applicant: H. E. Homes Location: 1300 block of 69th Avenue North Request: Site and Building Plan The a building a rova construct 42 townhouse units in i applicant requests approval to phase c p two of the Hi Crest Square Estates and two units in phase one. The land in question is zoned R3 and is bounded on the north by 69th Avenue North, on the west, by - Humboldt Square Shopping Center, on the south by the Hi Crest Apartments and Emerson Chalet Apartments, and on the east by the City pump house and single - family homes. The site, landscaping, grading, and utility plans for this development, were approved under Application No. 82023. The builder, H. E. Homes, 'is submitting building plans for Block 4, Hi Crest Square Estates which is one double -unit townhouse in phase one, and is also submitting building plans for the remainder of the townhouses in the development in phase two The building plans are unchanged from those submitted for Phase I except that an additional design has been submitted for the L-shaped two -unit townhouses in"Block 4 and Block 8 of the Hi :Crest Square Estates 1st Add.i tion.l The plan for these urni.ts calls for double tuck- under - garages, 4" horizontal :lapboard. siding and brick up to about 7' above ground level on the front wall facing the private street. -Other walls will simply have the 4" lapboard siding. Decorative shutters are indicated around the second floor windows on the front elevation.. The floor plans provide 960 sq. ft. of floor space on the upper level with the level split evenly between unfinished dwelling space and garage. Elevated outside wood decks are located off the dining rooms on the upper floor. Building plans for the other _units are identical to those approved for the units in Phase I Separate building plans for the four -unit clusters -have not been submitted at this time, but will be the same as the six -unit plan without the two end units. Altogether, the plans appear to be in order and approval is recommended subject to at least the following conditions I. The conditions pertaining to approval of Application No 82023 (Phase I); see conditions attached) shall continue and shall apply to approval of Application No. 82045, with- of Condition No. 8 which has been fulfilled by staff. I 11 -4 -82 J. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and. approval by the City Engineer, prior to the issuance of permits; and Specifically, should conform to -the revisions and requirements set forth in the Assistant City Engineer's memo dated 6- 14 -82. 3. A site performance agreement and supporting financial guarantee ,(in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improve - ments for the entire development. 4. Any outside trash disposal facilities shall be appropriately screened from view, 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. All areas regraded, but not developed according to plan shall be seeded to maintain adequate ground cover for dust control. 8. The Assistant City Engineer-shall report to the City Council on how the proposed plan compares with ponds on private developments in the City and on whether the proposed pond will fulfill its function as both a drainage control device and an asset to the townhouse develop - ment, with an acceptable safey risk. 9. Plan approval acknowledges the proposed landscape treatment .along the east side of the development as acceptable a, screening in lieu of the ordinance required 4' high opaque fence. 10. The building plans shall be certified by a registered Minnesota Architect prior to the issuance of building permits if so required by the State Building Codes Division. 11. The site plans' shall be amended to incorporate, a system to supplement natural ground 'water inflow into the proposed pond thus, maintaining a constant water level elevation of 840 feet (U.S.G.S. Datum).- 12. The building plan for the six -unit buildings shall be as set forth in in the 'plans approved by the City Council on this date. Any departure from these plans shall be resubmitted to the City Council for approval:' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO A $1,600,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (SHINGLE CREEK ELEVEN PROJECT); AMENDING RESOLUTION NO. 81 -15 AND AUTHORIZING THE EXECUTION, ISSUANCE AND DELIVERY OF AN AMENDED AND RESTATED NOTE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the City) as follows: Section 1. Recitals The City has previously issued its Commercial Development Revenue Note (Shingle Creek Eleven Project) (the Note) dated February 6, 1981, in the principal amount of up to $1,600,000, under the provisions of Minnesota Statutes, Chapter 474 (the Act), to temporarily finance a project under the Act consisting of the acquisition, construction and equipping of an office /warehouse building (the Project) on behalf of Shingle Creek Eleven, a Minnesota general partnership (the Partnership). The acquisition, construction and equipping of the Project has been completed. The Note was authorized and issued by the City pursuant to Resolution No. 81 -15, adopted by this Council on January 12, 1981. The Note was sold by the City to First National Bank of Minneapolis, a national banking association (the Lender). The Note is presently registered in the name of the Lender, is outstanding in the principal amount of $1,600,000 and matures on December 1, 1982. Representatives of the Partnership have requested that the City extend the maturity of the Note to December 1, 1985 and revise the interest rate on the Note. Section 2. Approval of Documents There has been prepared and presented to this Council copies of the following, all of which are now, or shall be, placed on file in the office of the City Clerk: (a) First Amendment to Loan Agreement between the City and the Partnership (First Amendment to Loan Agreement); (b) First Amendment to Pledge Agreement between the City and the Lender (First Amendment to Pledge Agreement); RESOLUTION NO (c) First Amendment to Assignment of Rents and Leases, from the Partnership to the Lender (First Amendment to Assignment of Rents and Leases); (d) First Amendment to Mortgage and Security Agreement from the Partnership to the Lender (First Amendment to Mortgage); (e) First Amendment to the Guaranty Agreement from the Guarantors (as defined in Resolution No. 81 -15) to the Lender (First Amendment to Guaranty); and (f) First Amendment to Construction Loan Agreement, among the Lender, the Partnership and the City (First Amendment to Construction Loan Agreement). The forms of documents listed in (a) through (f) above are approved with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney and City Manager. Section 3. Authority and Authorization Under the Act the City has the Authority to issue revenue bonds to refund obligations previously issued by the City under the Act. The City hereby agrees to extend the maturity of the Note to December 1, 1985 and revise the interest rate thereof, and in evidence thereof hereby agrees to issue an amended and restated Note to the Lender in exchange for the Note. The Note as so amended and restated is hereinafter referred to as the "Amended Note." Unless otherwise specifically provided for herein the provisions of Resolution No. 81 -15 shall apply to the Amended Note. Section 4. Amendment of Section 5.01 of Resolution No. 81 -15 Section 5.01 of Resolution No. 81 -15 is hereby amended to read as follows: 5.01. Form and Authorized Amount The Amended Note shall be issued in substantially the form hereinafter set forth, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Section, in the total principal amount of $1,600,000. -2 RESOLUTION NO. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER Amended and Restated Commercial Development Revenue Note (Shingle Creek Eleven Project) R -1 $1,600,000 The City of Brooklyn Center, Minnesota, a municipal corporation of the State of Minnesota (the "City "), for value received, hereby promises to pay to the order of FIRST NATIONAL BANK OF MINNEAPOLIS, or assigns (the "Holder "), at its principal office in Minneapolis, Minnesota, or at such other place as the Holder may designate in writing, from the source and in the manner, and with interest thereon as hereinafter provided, the principal sum of ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000), on December 1, 1985, and to pay interest on the unpaid principal amount, from the date hereof until this Note is fully paid, at the rate per annum equal to 85% of the 3 -month C.D. rate (secondary market) as released from time to time by the Board of Governors of the Federal Reserve System (presently Federal Reserve Statistical Release, Form H.9 (511), entitled "Weekly Summary of Banking and Credit Measures, Average of Daily Figures ") for the week ended nearest the date of such release (the "Tax Exempt Rate ") or at such higher or dower rate as hereinafter provided, in-any coin or currency which at the time or times of payment is legal tender for the payment-of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. The Tax Exempt Rate shall never be less than 2% Per annum or exceed 30% per annum. The Tax Exempt Rate will be adjusted weekly, if necessary, effective as of the date of such release of the Board of Governors of the Federal Reserve System specified above. Interest on this Note shall accrue from and after the date of each and every advance hereunder so made by the Holder and shall be payable on the first day of the month next succeeding the date on which the first advance is made and on the first day of each and every month -3- RESOLUTION NO. thereafter, with a final payment of accrued interest to be made on December 1, 1985. The principal of and interest on this Note is payable in lawful money of the United States of America. Notwithstanding the foregoing, in the event that the interest on this Note becomes subject to federal income taxation pursuant to a Determination of Taxability as defined in the Loan Agreement, of even date herewith (the "Loan Agreement "), between the City and Shingle Creek Eleven, a Minnesota general partnership (the "Partnership "), as amended by a First Amendment to Loan Agreement, dated November , 1982, between the'City and the Partnership (the Loan Agreement, as so amended, is hereinafter referred to as the "Amended Loan Agreement") the interest rate on this Note shall be immediately adjusted, from the Date of Taxability as defined in the Amended Loan Agreement, to a rate per annum which is equal to two percent in excess of the rate of interest publicly announced from time to time by First National Bank of Minneapolis, a national banking association (the "Lender "), as its Prime Rate (which rate shall change on the day of the effective date of any change in such Prime Rate), (the "Taxable Rate "); provided that the Taxable Rate shall never be less than 3% per annum or exceed 39$ per annum. Each monthly installment thereafter payable shall be accordingly adjusted. In addition the City shall pay to the Holders of the Note and to any prior Holder the aggregate difference between (A) the amounts actually paid between the Date of Taxability and the date of such payment and (B) the amounts that would have been paid to the Holder 'and any prior Holder during such period at such increased interest rate. In the event the City shall fail to make when due any interest payments or principal and interest payments required under this Note, the interest payment or principal and interest payment so in default shall continue as an obligation of the City until the interest payment or principal and interest payment in default shall have been dully paid, and, to the extent permitted by law, the City agrees to pay interest thereon at the rate of interest per annum borne on this Note. The principal of this Note may be prepaid either in whole or in part, on any date upon payment of a price equal to the principal being so prepaid plus accrued interest to the date of prepayment. -4- RESOLUTION NO. The Holder hereof shall have the right to declare due and payable and require the full and prompt payment of the principal balance of this Note, in whole but not in part, with interest thereon to the date of payment on December 1, 1981 as provided in Section 2.2 of a Construction Loan Agreement, of even date herewith (the "Construction Loan Agreement "), by and among the City, the Partnership nd the Lender. In the v e e ent the Holder er exercises this right, the e payment shall not be subject to any prepayment premium or penalty. In the event the Holder shall elect to exercise this right, it shall provide written notice thereof to the City and the Partnership in the manner and at the address provided in the Amended Loan Agreement on or before November 1, 1981, This Note constitutes an issue in the total authorized face amount of $1,600,000. This Note is issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474, as amended (the "Act "), for the purpose of providing funds for a Project, as defined in Minnesota Statutes,'Section 474.026`, Subdivision la, consisting of certain real estate and improvements thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Partnership pursuant to a Resolution adopted by the City Council on January 12, 1981 (the "Resolution ") as amended by a Resolution adopted by the City Council on November 22, 1982 (the Resolution, as so amended is hereinafter referred to as the "Amended Resolution "), the Construction Loan Agreement and the Amended Loan Agreement, thereby assisting activities in the public interest and for the public welfare of the City. This Note is further secured by a (i) Pledge Agreement, of even date herewith (the "Pledge Agreement "), between the City and the Lender, as amended by a First Amendment to'Pledge Agreement, dated November - . 1982, between the City and the Lender (the Pledge Agreement, as so amended, is hereinafter referred to as the Amended Pledge Agreement"), (ii) a Mortgage and Security Agreement, of even date herewith (the "Mortgage "), given by the Partnership in favor of the Lender, as amended by a First Amendment to Combination Mortgage, Security Agreement and Fixture Financing Statement, dated November , 1982, given by the Partnership in favor of the Lender (the Mortgage, as so amended, is hereinafter referred to as the "Amended Mortgage "), (iii) an Assignment of Rents and Leases, of even date herewith (the "Assignment "), given by the Partnership in favor of the Lender, as amended by a First Amendment to Assignment of Rents and Leases, dated November 1982, given by the Partnership to the Lender -5- RESOLUTION NO. (the Assignment, as so amended, is hereinafter referred to as the "Amended Assignment "), and (iv) a Guaranty Agreement, of even date herewith (the "Guaranty "), given by Charles E. Sameluk, a Minnesota resident, Robert B. May, a resident of Winnepeg, Manitoba, Panis Holdings Ltd., a Manitoba, Winnipeg corporation, Panis Inc., a Minnesota corporation, Rokar Investments Ltd., a Manitoba, Canada corporation, and Rokar Holdings Inc., a Minnesota corporation (the "Guarantors ") in favor of the Lender, is amended by a First Amendment to Guaranty Agreement, dated November _, 1982, given by the Guarantors to the Lender (the Guaranty, as so amended, is hereinafter referred to as the "Amended Guaranty "). As provided in the Amended Resolution, the City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of this Note. This Note is transferable upon the books of the City at the office of the City Clerk, by the Holder hereof in person or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Clerk will note the date of registration and the name and address of the new Holder _upon the books of the City and in the registration blank appearing below. Alternatively, the City will at the request of the Holder issue new notes in an aggregate principal amount equal to the unpaid principal balance of this Note, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the registered Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name this Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, covenants, provisions and stipulations contained in the Amended Resolution, the Amended Loan Agreement, the Construction -6- RESOLUTION NO. Loan Agreement, the Amended Mortgage, the Amended Assignment, the Amended Guaranty and the Amended Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein if the City should fail to make any monthly installment of interest or principal and interest when due, which failure shall continue for ten (10) days, or if an Event of Default occurs under the Amended Loan Agreement, the Construction Loan Agreement, the Amended Mortgage or the Amended Assignment, then the Holder may at its right and option, by written notice to the City and the Partnership, declare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together with any attorney's fees incurred by the Holder in collecting or enforcing payment of interest or principal of this Note, without notice to or consent of any party. This Note shall not be payable from nor charged upon any funds of the City other than the revenue under the Amended Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, nor to enforce payment thereof against an property of the i 9 Y P P y e C ty except . revenue under the Amended Loan Agreement pledged to the payment thereof, other than to the extent payable out of the proceeds received by the City, from the sale of revenue bonds to be issued by the City pursuant to the Act and the subject to the Amended Mortgage property 7 e and the Amended Assignment should the City ever acquire title to it. This Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the revenue.under the Amended Loan Agreement pledged to the payment thereof and the property subject to the Amended Mortgage and the Amended Assignment should the City ever acquire title to it. This Note, including interest thereon, is payable solely from the revenue under the Amended Loan Agreement pledged to the payment thereon, proceeds received from the sale or other disposition of the property subject to the Amended Mortgage and the Amended Assignment. This Note shall not constitute a debt of the City within the meaning of any constitutional or statutory imitation however, nothing contained in this Y g paragraph shall impair the rights of the Holder of this Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. -7- RESOLUTION NO. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be duly executed by its duly authorized officers and its corporate seal affixed, all as of the 6th day of February, 1981. CITY OF BROOKLYN CENTER, MINNESOTA By Mayor And City Manager (SEAL) PROVISIONS AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City in the name of the registered holder last noted below. Date of Name and Address of Signature of Registration Registered Holder City Clerk First National Bank of Minneapolis First Bank Place Minneapolis, Minnesota 55480 -8- RESOLUTION NO. Section 5. Amendment of Section 5.02 of Resolution No.'81 -15 Section 5.02 of Resolution No. 81 -15 is hereby amended to read as follows: 5.02. Note Terms The Note shall be designated Amended and Restated Commercial Development Revenue Note (Shingle Creek Eleven Project), and shall: (a) be dated February 6, 1981; (b) be in the total principal amount of $1,600,000; (c) mature on December 1, 1985 and bear interest on the unpaid principal balance advanced from time to time from date of issue until paid or discharged as herein rovided payable P , P Y a e on the first day of the month next succeeding the date of which the first advance is made under the Note and on the first day of each and every month thereafter, with a final payment of accrued interest to be made on December 1, 1985, at a rate per annum equal to 85% of the 3 month C. D. rate (secondary market) as released from time to time by the Board of Governors of the Federal Reserve System (presently Federal Reserve Statistical Release, Form H.9(511), entitled "Weekly Summary of Bunking and Credit Measures, Average of Daily Figures ") for the week ended nearest the date of such release or at such higher rate as herein provided; provided, that the rate of interest per annum borne on the Note shall never be less than 2% per annum or exceed 30% per annum. Notwithstanding anything in this Resolution to the contrary, in the event the interest on the Note becomes subject to federal income taxation pursuant to a "Determination of Taxability" as defined in the Amended Loan Agreement, the interest rate on the Note shall be immediately adjusted to a rate which is equal to two percent in excess of the rate of interest per annum publicly announced from time to time by the Lender as its Prime Rate (which rate shall change on the day of the effective date of any change in such Prime Rate), provided, that such increased rate shall never be less than 3% per annum or exceed 39% per -9- RESOLUTION NO. annum, from the Date of Taxability, as defined in the Amended Loan Agreement, all as provided in the form of the Note contained in Section 5.01 hereof. The rate of interest borne on the Note prior to a Determination of Taxability will be adjusted weekly, if necessary, on the date of such release of the Board of Governors of the Federal Reserve System specified above. (d) be subject to redemption and prepayment in whole or in part on any date upon payment of a price equal to the principal being so prepaid plus accrued . interest to the date of prepayment. (e) be subject to redemption and prepayment at the option of the Holder, in whole but not in part, on December 1, 1981, at the price and upon the terms set forth in the Note and the Construction Loan Agreement. Section 6. Execution of Amended Note The Amended Note shall be executed on behalf of the City by the signatures of the Mayor and the City Manager and shall be sealed with its corporate seal. In case any offices whose signature shall appear on the Amended Note shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. Section 7. Execution of Documents Upon the completion of the First Amendment to Loan Agreement, the First Amendment to Construction Loan Agreement and the First Amendment to Pledge Agreement, approved in Section 2 hereof, the execution of the First Amendment to Loan Agreement, the First Amendment to Construction Loan Agreement and First Amendment to Pledge Agreement by the Partnership and the Lender, as the case may be, the Mayor and the City Manager shall execute the same on behalf of the City, and shall execute such other certifications, documents or instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney, and all certifications, recitals and representations therein shall constitute the certificates, recitals and representations of the City. Execution of any instrument or document by one or more appropriate officers of the City shall constitute and be deemed the conclusive evidence of the approval and authorization by the City and the Council of the instrument or document so executed. Section 8. Disability of Officers In the absence or disability of the Mayor, the Amended Note and any of the documents authorized by this resolution to be executed, shall be executed by the acting Mayor, and in -10- RESOLUTION NO. the absence of the City Manager by such officer of the City who, in the opinion of the City Attorney, may execute the Amended Note and such documents. - Section 9. Delivery of Amended Note Prior to delivery of the Amended Note, the documents referred to below shall be completed and executed in form and substance as approved by the City Attorney. The City - shall execute and deliver to the Lender the Amended Note upon the delivery of the Note to the City for cancellation, together with the following; (a) a duly certified copy of this Resolution; (b) original, executed counterparts of the First Amendment to Loan Agreement and the First Amendment to Pledge Agreement; and (c) such closing certificates, opinions and related documents as are required by bond counsel. Section 10. Registration The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Amended Note has been entered in his bond register as required by law. Section 11. Certification of Proceedings The officers of the City and the County Auditor of Hennepin County are directed to prepare and furnish to the Lender, and to the attorneys rendering an opinion as to the legality of the issuance of the Amended Note, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality of the Amended Note as the same appears from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representatives of the City as to the facts stated therein. Section 12. Statement of Election The principal amount of the Amended Note being in excess of $1,000,000, the City Manager is hereby authorized and directed on behalf of the City to execute and file with the Internal Revenue Service a'statement of election to issue its obligations in excess of $1,000,000 as provided -ll- by Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, and Section 1.103(b)(2)(vi) of the Regulations promulgated thereunder. Section 13. Permanent Financing of Project The issuance of the Amended Note satisfies the obligation of the City to issue the Bonds authorized by Section 3.03 of of Resolution No. 81 -15. The City Council acknowledges that the Partnership has represented that the issuance of the Amended Note constitutes a continuation of temporary financing for the Project and that it intends to request the City to issue obligations under the Act at or before the maturity of the Amended Note to provide permanent financing for the Project. Adopted: November 22, 1982. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same:' whereupon said resolution was declared duly passed and adopted. -12 Member introduced the following - resolution -and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO CONTRACT - 1982-H (ALLEY 'IMPROVEMENT PROJECT NO. 1982 -14) WHEREAS, the City Council entered into Contract 1982 -H with Widmer Brothers, Inc. for Improvement Project No. 1982 -14; and WHEREAS, the City Engineer has determined that certain modifications be made to the contract to facilitate proper completion of the project, said modification being as follows: Construct driveway surfacing consisting of 2 inches of MN /DOT Specification 2341 Bituminous Wear Course over 4 inches of MN /DOT Specification Class 5 Base Aggregate at 5346, 5338, and 5308 Emerson Avenue North; and WHEREAS, the Contractor, Widmer Brothers, Inc., has agreed to the prices for the modification as noted above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The above modification to Improvement Project No. 1982 -14 is hereby approved and the Mayor and City Manager are authorized and directed to enter into Supplemental Agreement No. 1 to Contract 1982 -H. 2. There is appropriated e th sum of $4,160.93 from.. the Special Assessment Fund for the additional costs. 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. TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works • DATE: November 18, 1982 RE: Supplemental Agreement No. 1 to Contract 1982 -H (Alley Improvement Project No. 1982 -14 located from 53rd to 54th Avenues between Dupont and Emerson Avenues) Attached herewith is a copy of Supplemental Agreement No. 1 t Contract 1982 =H, The agreement comprehends the surfacingof private driveways adjacent to the referenced alley improvement project. The driveway construction was completed at the request of three property owners who desired hard surfaced driveways, but could not reach an agreement with the contractor on payment. In.order to expedite the work, the City obtained written agreements from the property owners whereby the construction cost of placing the driveways was paid to the contractor by the City, and that those costs will then be added to the special assessments to be levied to those properties for the alley improvement. SK: jn r - !ao/Utir 11 14(5 7R) STAII M. NIINNESOTA DEPARTMENT OI: TRANSPORTATION Supp. to Contract No. 19f2 -H No. 1 5�� �. w �NTAL AGnMEMENT Sheet 1 of 1 ctor V'00414ox C ity R roject No. State Project No. Widmer Brothers Inc. 1982 -14 N/A A ddress Location P.O. Box 218, Spring Park, MN 55384 Alley Construction - 53rd to 54th between Dupont & This contract is amended as follows: Emerson Av en a €' o cwc The Contractor shall construct bituminous driveways from the alley at the following GAa locations. The driveway construction shall consist of 2 inches of MN /DOT Specification 2341 Bituminous )Wear Course over 4 inches of VN- /DOT Specification class 5 Base ;a Aggregate, both placed on a prepared subgrade. Payment for the work at $14.50 per it 0 square yard shall be compensation for all labor, materials, and eiuipment necessary �5 0. to provide the desired installation complete in place. mss 0 Location Unit Unit Price Estimated Quantity Estimated Amount a g o 0 V 5346 Emerson Avenue North S .Y. $ 14.50 43.03 $ 623.94 _ . h =� 5308 Emerson Avenue North S.Y. 14.50 141.92 2,057.84 5338 Emerson Avenue North S.Y. 14.50 102.01 1,479.15 " p b «Yw 286.96 $4,160.93 teb 0 — „vim F� u 0 0 s•a o� 0 I ., Pto.No. = Account I.D. Or;anization F.V. Requisition No. Vendor Number 7pe 7 rms Source S.Act. Task S. Task F Cost, Job or Client Code Amount Suffix Object SEND : TYPE OF TRANSACTION El Entered by A40 A41 Date Numb Entered by , • oaa A44 A45 A46 Date Number APPROVED: Original Contract total Commissioner of Administration _ Dated 14 S Approved b% Project Engineer or : \r;httr.t Dated X '�s 19� '"" I ����'C' By Approved as to form and execution Dated 14 Dates city kXXXX i�c)S�cX Manager Dated 19 __ : \. •ntant : \ttunrcv t,cncr.)1 kR�O? t1K '�yt`X)dXXx�Xt(.XiX�` ) c.rlrr: icnur„u. )ra ...............r ran , u nr'T,)t ,r..•: i .ir:l \tr' \' <:..Lr.•......A ...... .. �lld Member introduced the.following resolution and moved its adoption: RESOLUTION NO. I RESOLUTION ACCEPTING WORK PERFORMED UNDER ALLEY IMPROVEMENT PROJECT NO. 1982 -14 (ALLEY CONSTRUCTION FROM 53RD TO 54TH AVENUES BETWEEN EMERSON AND DUPONT AVENUES) WHEREAS, pursuant to written Contract 1982 -H signed with the City of Brooklyn Center, Minnesota, Widmer Brothers, Inc. of Spring Park, Minnesota, has satisfactorily completed Alley Improvement Project No. 1982 -14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said improvement is accepted and approved according to the following schedule: Previously Final Approved Amount � i Original Contract $20,290.00 $21,752.85 Supplemental Agreement No. 1 4,160.92 4,160.92 TOTAL $24,450.92 $25,913.77 2. The total value of the work performed, at a cost $25,913.77 'Lie is greater than the sum of the original improvement cost and Supplemental Agreement by $1,462.85 due to a general underestimation of the planned quantities. 3. It is hereby directed that final payment be made on said improvement taking the Contractor's receipt in full. The total amount to be paid for said improvement shall be $25,913.77. Date Mayor ATTEST: I 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: s and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member - introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1982 -14 (ALLEY CONSTRUCTION FROM 53RD TO 54TH AVENUES BETWEEN DUPONT AND EMERSON AVENUES) WHEREAS, the construction of Alley Improvement Project No. 1982 -14. is complete. The tabulated costs are: Contract Cost $25,913.77 Other Costs (Testing Fees) 65.00 Engineering Cost 2,338.09 Administrative Cost 259.80 Interest 519.95 Legal and Bonding Cost 259.80 TOTAL $29,356.41 WHEREAS, the City Clerk has notified the City Council that a proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: L The portion of the cost of such improvement to be assessed against the property owners benefiting from driveway and driveway apron construction is declared to be $4,884.43. 2. The portion of the cost of such improvement to be assessed against all benefited property owners is declared to be 3. The portion of the cost of such improvement to be paid by the City is declared to be 4. A hearing shall be held on the 20th day of December, 1982, in the City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning.property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. 6. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior.to the hearing. f RESOLUTION NO. r e 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 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 19, 1982 RE: Review of Project Costs and Special Assessments for Alley Improvement Project No. 1982-14 - Pursuant to the acceptable completion of Alley Improvement Project No. 1982 -14, the staff has determined the related costs for purposes of assessment.- As outlined in the staff memo of August 20, 1982, the contract costs were in excess of the estimates provided at the improvement hearing due to an under - estimation of unit costs and an increase of storm sewer piping quantities resulting from our inability to negotiate the granting of an easement along private property. It is also noted that for purposes of construction, this project was included in the same contract with the 69th -70th Avenue Street, Water Main and Sanitary Sewer Improvements (Projects 1982- 09,10, and 11) and with construction of the Soccer Field (Project 1982 -16). The total contract costs for that contract were $120,278.80 as compared to the Engineer's estimate of $157,859.00, so that the total contract costs were 24% below estimate. Unfortunately, the low bidder chose to discount his costs on the other projects, while on this project, his contract costs were $20,290 compared to our Engineer's estimate of $16,730.00. Analysis of Costs /Assessments On July 12, 1952 the City Council ordered the project based upon an engineer's total project cost estimate of $20,240.00 for the work comprehended, resulting - in an assessment rate of $17.00 per assessable foot. On August 23, 1982 the Council, in accepting the Contractor's bid, based its action upon an amended project cost of $24,550.90, recognizing that assessment of the total costs would result in an assessment rate of $20.34 per assessable foot. :Upon review of the options available in the establishment of the assessment 'role at this time, the staff recommends three options be presented to the City Council. Option No. 1 Assessment of private driveway costs at $14.50 per square yard (per "written agreement with owners), assessment of driveway apron costs where no permanent surface previously existed at $10.00 per square yard (as reported at improvement hearing), assessment of entire remaining cost. Option No. 2 Assessment of driveways and aprons as reported above, assessment rate at $17.00 per assessable foot as reported at the improvement hearing plus assessment of excess storm sewer costs made necessary when an easement could not be secured, and assumption of excess cost by the City. November 19, 1982 Page 2 Option No. 3 Assessment of driveway and apron costs as reported above, assessment rate at $17.00 per assessable foot, and assumption of excess cost by the City. , The following costs summary of the above described options provides a compar- ison of the impact each has on the City and benefited properties. Option No. 1 Total Project Cost $29,356.41 Private Driveway Assessment $ 4,160.93 Driveway Apron Assessment 723.50 Assessable Project Cost 24,471.98 city Cost 0.00 TOTAL $29,356.41 Assessable Footage 1,207.06 L.F. Assessment Rate $20.27/L.F: Assessment Period .10 Years Option No. 2 Total Project Cost $29,356.41 Private Driveway Assessment $ 4,160.93 Driveway Apron Assessment 723.50 Assessable Project Cost (@ original $17.00 /L.F. plus $2,700.00 excess storm sewer cost) 23,220.02 City Cost 1,251.96 TOTAL $29,356'.41 Assessable Footage 1,207.06 L.F. Assessment Rate $19.24/L.F. Assessment Period 10 Years November 19, 1982 Page 3 Option No. 3 Total Project Cost $29,356.41_ Private Driveway Assessment $ 4,160.93 Driveway Apron Assessment 723.50 Assessable Cost (@ $17.00 /L.F.) 20,520.02 City Cost 3,951.96 TOTAL $29,356.41 " Assessable Frontage 1,207.06 L.F. Assessment Rate $17.001L.F. Assessment Period 10 Years We request that the City Council select one of these three options at the November 22nd Council meeting. The blanks within the draft resolution should then be filled in, and the resolution adopted, providing for a public hearing on the.proposed assessment role on December 20, 1982. Respectfully submitted,_ SK:jn Member introduced the following resolution and moved its adoption: RESOLUTION NO. t RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -H (FREEWAY BOULEVARD STREET IMPROVEMENT PROJECT NO. 1981 -18, SIDEWALK IMPROVEMENT PROJECT NO. 1981 -19, STORM SEWER IMPROVEMENT PROJECT NO. 1981 -20) WHEREAS, pursuant to written Contract 1981 -H signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction, Inc. of Osseo, Minnesota has satisfactorily completed the following improvements in accordance with said contract: STREET IMPROVEMENT PROJECT NO. 1981 -18 SIDEWALK IMPROVEMENT PROJECT NO. 1981 -19 STORM SEWER IMPROVEMENT PROJECT NO. 1981 -20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of.the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: STREET PROJECT NO. 1982 -18 ,., Previously Final Approved Amount Original Contract $73,321.80 $70,407.36 Supplemental Agreement No. 1 17,159.20 17,159.20 TOTAL $90,481.00 $87,566.56 SIDEWALK IMPROVEMENT PROJECT NO. 1982 -19 Original Contract $ 8,220.00 $10,310.48 STORM SEWER IMPROVEMENT PROJECT NO. 1982 -20 Original Contract $16,854.25 $17,148.80 Supplemental Agreement No. 2 150.25 150.25 TOTAL. .$17•,004.25 $17,299.05 2. The total value of the work performed, at a cost of $115,176.09, is less than the sum of the original contract and supplemental agreements by $529.16 due to a general overestimation of the planned quantities. 3. It is hereby directed that final payment be 'made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvements under said contract shall be $115,176.09. RESOLUTION NO. i 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. 10 4 j q 00 Member introduced the following resolution and k moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR RAILROAD /HIGHWAY GRADE CROSSING IMPROVEMENT ON FRANCE AVENUE NORTH AND ESTABLISHING PROJECT NO. 1982 -29 WHEREAS, the Minnesota Department of Transportation has advised the City of Brooklyn Center that the improvement of the Railroad /Highway grade crossing on France Avenue North is eligible for grant assistance under a Federal grant program; and WHEREAS, the estimated cost of said improvement is $40,000.00 and the City's share will be ten percent (10 %) of the actual costs and WHEREAS, France Avenue is designated as a Municipal State Aid Street No. 105 and the City's share of project costs is eligible for reimbursement from the regular Municipal State Aid Street Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. the City of Brooklyn Center hereby agrees to assume ten percent (10 %) of the actual cost of the improvement. 2. the Mayor and City Manager are hereby authorized and directed to execute such agreement(s) with the Minnesota Department of Transportation as may be required to provide for the accomplishment of said project on this basis; - 3. the proposed project will be designated as Project No. 1982-29; and 4. the accounting for this project will be done in the Municipal State Aid Fund, Account No. 2613. Date Mayor ATTESTS 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: q whereupon said resolution was declared duly passed and adopted. I t ,E TO: Gerald G. Sprinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 18, 1982 RE: Improvement of Railroad /Highway Grade Crossings on France Avenue North Attached hereto is a letter from MN /DOT advising us that federal funds are available for replacing the existing Soo Line railroad crossing on France Avenue with a rubber -type crossing. They estimate the total cost at $40,000, with the City's share set at 10% of actual costs. In a telephone discussion with MN /DOT, I have clarified the following items: - The existing crossing actually consists of 3 crossings, i.e. the mainline track, a spur track to the Joselyn site (approximately 50 feet south of the mainline track) and a spur track to Dale Tile (approximately 125 feet south of the mainline track). MN /DOT advised that the Soo Line is considering the possibility of removing or relocating one or both spur tracks. The $40,000 cost estimate covers only the improvement of the mainline track crossing. If the spur tracks - cannot be removed, the total cost for crossing improvements could be as high as $80,000. Under this program, MN /DOT assumes the responsibility for engineering and administration. The construction work is accomplished by the railroad company under agreement with MN /DOT. Accordingly, the City's involvement in "red tape is minimal. - The time required to make this improvement is estimated to be between 1 and ,2 weeks. A detour will have to be set up to allow complete closing of the crossing during this time. - The local portion of costs for this improvement qualifies for the use of our regular Municipal State Aid Street funds. If Federal funds were not available, the City's share of costs for this type of improvement would be between 25% and 75 %. (MN /DOT has no'state funds available for non- federally- assisted projects. So, the City's share would probably be in the range of 75 %.) Because this appears to be our one and only opportunity to obtain federal funding assistance for this project, I recommend that we accept this offer. A resolution for this purpose is submitted for consideration by the City Council. Respectfully submitted, iyJr .i - d� ONESO `1iIln sot a Departme nt of 1'ransportation a - "I'ransportalion BUildinc; St. YaUI, Minnesola 55155 OF TRP Phone 296 -0363 November 12, 1982 Sylvester P. Knapp, Director Brooklyn Center Dept. of Public Works 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Review of Surface at Railroad l i Highway Grade Crossing France Ave. No. (MSAS 105) US /DOT No: 688 -948V Hennepin County State No: 27 -08 -524 Brooklyn Center, Mn File No: F -993 Soo Line Railroad Company Dear Mr. Knapp: Per our recent field review and from information received regarding our crossing surface program, we have found the above referenced crossing to be eligible for improvement under our Federal program. The preliminary recommendation of this office is to install a 34' rubber type crossing. The estimated cost is $40,000.00. Please give us your advice on the recommendation and on your willingness to assume 100 of the actual cost by signed resolution. .upon receipt of your approval, the project will be submitted for Federal Highway Administration programming. Your earliest possible response is requested as the availability of these Federal funds will expire soon. When- Federal approval is received, we will be able to inform you of the approximate scheduling of the improvement. Sincerely, Robert G. Swanson Director, Railroad Administration By Chery A. Wolff cc: Railroad' RGS :CAW:pmt An Equal Opportunity Employer _00 obs Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR 30,000 GVW TRUCK. WHEREAS, the City Council of the City of Brooklyn Center, Minnesota` deems it necessary and in the best interest of the City to purchase a 30,000 GVW truck; and WHEREAS, the City Manager has reported that said truck may be purchased at an estimated cost of $25,000. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of 'Brooklyn Center, Minnesota that: 1." The specifications for the 30,000 GVW truck are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted at least once in the official newspaper an advertisement for bids based on the approved specifications. The advertisement shall 'appear no less than three days prior to the date for receipt of bids. The notice shall state that said bids will be received by the City Clerk until 2:30 p.m. on December 15, 1982 at which time they will be publicly opened in the City Council Chambers at City Hall by the City Clerk and will then be tabulated and will be considered by the City Council at 7:00 p.m. on December 20, 1982 in the Council Chambers and that no bids will be considered unless sealed and filed with the City Clerk. Date Mayor ATTEST: Clerk The motion for the.adoption of the foregoing resolution was duly seconded by' member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER, MINNESOTA INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT FOR ONE (1) 30,000 GVW Truck Cab /Chassis 1. General The attached specifications shall constitute the minimum acceptable specifications for the equipment for which bids are requested. The work "Owner" used in these specifications refers to the City of Brooklyn Center, Minnesota No bid may be withdrawn within 30.days after the scheduled closing time for receipt of bids without the consent of the Owner. 2. Bid Deposit All bids must be accompanied by a bid bond, cashier's check, or certified check made payable to the City of Brooklyn Center, Minnesota, in an amount equal to five percent (5 %) of the total dollar value of the bid as a guarantee that if the bid is accepted the Bidder will execute a Contract and furnish Contract Security, as required by these specifi- cations, within 10 days after receipt of Notice of Award of Contract by Owner. The Conditions of the bid deposit shall be that the Owner will withhold all deposits until bids are accepted or rejected by the Owner. If contracts are awarded, the Owner will return the bid deposits of unsuccessful bidders, but will retain the bid deposit of the successful bidder until the Contract is executed and Contract Security is furnished. 3.. Objections To Any objections to the specifications must be Specifications submitted to the City Engineer, in writing, on or before December 14, 1982. r ( 1 ) 4. Proposal Form Proposals shall be submitted upon the proposal form attached hereto, in a sealed envelope with the statement thereon "Truck Cab /Chassis" and must be submitted to the City Clerk, Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 prior to the time set for the opening of bids 5. Descriptive Catalog information showing make, model, and Information complete specifications of the equipment the Required bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. 6. Patent The Bidder must give assurance to the City of Infringements Brooklyn Center in regard to patent infringe- ments and in case of suits against the City by other parties. He must defray all cost in connection with such a suit and save the City harmless in all such actions. 7. Guarantee Each Bidder shall furnish the manufacturer's standard warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. 8. Bid Rejection The City of Brooklyn Center, Minnesota, reserves the right to reject any and all bids, to waive any informalities in 'bidding, or to accept the bid or bids which best serve the interest of the City of Brooklyn Center. 9. Bid Withdrawal No bids shall be withdrawn for a period of thirty-(30) calendar days after the scheduled opening the bids without the consent of the City of the City of Brooklyn Center., 10. Award Of Contract Award of Contract by the City of Brooklyn. Center will be based on, but not necessarily limited to the •factors of price, delivery date, warranty, and arts and service; as well as analysis p sis Y comparison of specifications and performances. ( 2 .) y 11. Proof Of Workers The Bidder to whom a Contract is awarded shall Compensation be required to furnish proof that the Bidder Insurance has Workers Compensation Insurance in force. Such proof shall be in the form of a copy of - the Bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. 12. Contract Security The Bidder to whom a Contract is awarded shall be required to furnish a performance bond or letter of credit in an amount equal to 1000% of the Contract price, or in lieu of the performance bond or letter of credit, the Bidder may furnish a Certified Check or other financial guarantee acceptable to the City Attorney, and made payable to the City of Brooklyn Center, in an amount equal to ten percent (10%) of the bid amount as financial guarantee of delivery in accordance with the requirements of the Contract Documents. Said Contract Security will be returned upon delivery (F.O.B. Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway) of equipment meeting the specifications in accordance with the Contract provided, however, that if such delivery is not made within the delivery schedule specified by the Bidder on the proposal form, the Owner may then cancel the Contract and retain the Contract Security in the amount of 10% of the total dollar value of the Contract, as liquidated damages, However, if delivery within the specified' delivery schedule becomes impossible due to strikes fire, war, acts of God, or other reason beyond..the control of the Bidder, the Bidder shall so advise the owner immediately.. If such notice is received, the Owner may then elect to extend the time of delivery, or cancel the Contract and return the Contract Security to the Bidder. t 3 ') 13. Compliance With The equipment called for herein shall be Current Standards new, currently advertised, standard production models incorporating all the latest avail- able changes and features, including all the safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of the Minnesota Department of Labor and industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational, Safety and Health Administration. 14. Bids must be received on or before 2:30 P.M., December 15, 1982, at the Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430. (4) SPECIFICATIONS E GENERAL The Truck and /or equipment called for herein shall be new Truck Cab /Chassis currently advertised, standard production models incorporating all the latest available changes and features, 'including. all the safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of the Minnesota.Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department - of Labor, Occupational Safety and Health Administration. G.V.W. 30,000 lbs. Minimum Wheel Base 144" wheel base 74 Cab to Axle dimension Frame Section modulus including reinforcements shall be not less than 15.9 with a rbm of not less than 915,000 inch lbs. - Provide extended front frame, either integral or bolted with an additional crossmember. Furnish front PTO adapter. Engine Gasoline powered, V -8 design, 400 cu. in. minimum 206 HP minimum Engine shall be equipped with full flow oil filter, fuel filter, air cleaner and governor. Axles Front - 12,000 pound Capacity minimum Rear - 18,500 pound Capacity minimum Transmission Allison Automatic MT 653 or equal Springs Front - 6800 #each at ground Minimum Rear 11,670 #each at ground Minimum Auxiliary - 2200 # Capacity Minimum Brakes Service - Hydraulic, Split system, 1000 cu. in. Vacuum reservoir Parking- Orscheln lever, drive shaft drum and shoe arrangement. Steering Power Assist Fuel Tank 50 Gal. Capacity minimum Step tank mounted-on driver side of truck. Cab Standard Cab shall include: Bostrom westcoaster II low back model driver seat Bostrom Companion seat Dual exterior rear view mirrors 6 x 16" Retrac Dual Sunvisors Dual exterior grab handles Full headliner, rubber floor mat High output heater and defroster Hand throttle Windshield wipers 2 speed, electric Electrical Alternator - 85 amp minimum Battery - One (1) Maintenance free, 535CCA at 0 degrees Fahrenheit Wheels & Tires Cast spoke design wheels, 2 pc rims 7.5" minimum. First line tube type tires 10.00 x -20 F, regular tread front, on off highway tread rear. Bidder to furnish spare rim, also furnish and install mechanical back -up alarm on rear wheel. Bumper Front Color Yellow, color # DAR 81657 Hydraulics Furnish and mount on front frame extension a "Commercial" gear type hydraulic pump and speed reducer connected to front engine PTO adapter. Pump shall provide a minimum 25 gallon per minute at 1,000 PSI. r DEPARTMENT CITY OF OF B ROOKLYN FINANCE CENTER M EMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: November 19, 1982 SUBJECT: 1982 AUDIT AGREEMENT I have attached the agreement for the independent audit of all City funds for the calendar year 1982 as submitted by our auditors, Moen and Penttila, Ltd., Certified Public Accountants. Please present the proposed agreement to the City Council. If it meets with the Council's approval, the Council should authorize the Mayor and City Manager . to enter into the agreement. The hourly rates proposed by the auditors, compared to previous years' rates. are as follows: 1982 Audit 1981 Audit % Increase 1980 Audit 1979 Audit Principal $26.00 $24.00 8.33% $22.10 $20.75 Senior 24.50 22.00 11.36% 19.86 18.65 Junior 21.00 19.00 10.53% 17.57 16.50 Clerical 7.00 7.00 0% 6.50 6.50 r The 1981 total audit cost was $22,696, of which $15,248 was allocated to the General Fund. Moen and Penttila guarantees that the costs of the 1982 regular audit will not exceed $19,900. This is the first time that they have offered a guaranteed maximum. The guarantee is based on the implementation of a few new accounting procedures which will result in the saving of some audit time. Respectfully submitted, W PWH:pk "'�!e Soacetlu:c y aae r A G R E E M E N T This agreement made this day of July,, 1982, by and g — between the City of Brooklyn Center, referred to hereafter as the City, and Moen and Penttila, Ltd., Certified Public Accountants. referred to hereafter as the Auditor, for the auditing of all the City's Funds and Account Groups as listed in Exhibit A. The Auditor's examination will be made in accordance with generally accepted auditing standards, and will include such tests of the accounting records and such other auditing procedures as are necessary to enable the Auditor to express a professional opinion on the fairness with which the financial statements present, in all material respects, the financial position and the results of operations in accordance with generally accepted accounting principles applied on a basis consistent with the preceding period. An essential feature of the Auditor's examination is the review and evaluation of the City's system of internal control upon which the scope and extent of the audit tests will be determined. Such audit procedures and tests will be those considered necessary in the circumstances. Such an examination is not intended to be sufficiently conclusive to assure the discovery of errors, defalcations or similar irregularities, although their discovery may result. - However, the Auditor feels that it offers an acceptable balance between conclusive reliability and reasonable audit costs. It provides for inquiries and selective tests of the operating procedures, including those designed to safeguard property. It gives t reasonable assurance that the overall financial position and the results of operations are fairly presented on the basis indicated. It should be recognized, however, that it gives less assurance as to the accuracy of the 1. individual items appearing in the financial statements, since the tests are directed toward forming an opinion on the financial statements taken as a whole. The Auditor will, of course, inform the City if, as a result of t this examination, it is felt there is a need for someone to investigate more r specifically for possible past irregularities or need to change the accounting system and procedures, or review them more extensively, with a view to minimizing the possibility of future losses. r -1- 7 The audit shall be conducted in accordance with'the minimum procedures for auditing prescribed pursuant to the provisions of Minnesota Statutes. The Auditor sh all make specific comments and recommendations with regard to any non - conformity with procedures prescribed by statute or charter. The Auditor shall report as to whether the accounts are kept in accordance with a proper classification of accounts and as to any defect in the accounting plan and financial procedures that make it difficult to provide for an internal audit or for proper accounting and audit by independent auditors. The Auditor shall also report any failure of the Accounting Department to make financial reports required or needed for administrative purposes. 3 It is understood that the Auditor's responsibility in cases where a municipal officer or officers receive or hold funds for other authorities 'd shall be limited if the auditor is not authorized to examine the accounts of such officers in this extra capacity. The period of the audit shall be the calendar year 1982 with a subsequent review of records from the date of the balance sheet to the conclusion of field work to obtain any information which may adversely affect the report as submitted. The Auditor shall make a more extensive investigation where circumstances disclosed by the audit call for a more detailed investigation than would be necessary under ordinary circumstances. In any event of this nature, the Auditor shall notify the City administrative officers as to the reason for. and the extent of, the additional procedures required. It is understood that additional compensation shall be paid for such services performed. The audit report shall be submitted to the City Council as the contracting authority on or about May 20, 1983, if no unforeseen conditions arise. The printing of the report shall be contracted by the City subject to review by the Auditor as to content, appearance and matters of presenta- i tion so as to enable the Auditor to fulfill his responsibilities as they relate to proper disclosure. The Auditor shall receive three (3) copies of the printed report. -2- t The audit engagement will commence after the approval of this contract by the City Council and will be supervised by Kenneth Jacb, an officer in the firm of Moen & Penttila, Ltd. A senior accountant will be employed on this engagement on a near permanent basis. Work not of senior capacity will be performed by a junior auditor whenever practical. �a U i er onn ei •�' d schedules m be pre pared City s . Cert. in exhibits an 1 Y Y P may ! The decision of which schedules and exhibits 'are furnished to the Auditor will be made by the Auditor, and City personnel will be utilized whenever practical. Compensation shall be on the basis of an hourly rate per type of work performed. The time required on this engagement will be accumulated by total and category as to principal, senior, junior and clerical help and will be available to the City upon request. The hourly rates to be charged shall be as follows: Principal time (supervisory) $26.00 per hour Senior time $24.50 per hour Junior time $21.00 per hour - Clerical $7.00 per hour Moen & Penttila, Ltd. guarantee the costs of the regular audit Will not exceed $19,900. Payment shall be made to the Auditor as follows: 1. On completion of 60% of the engagement, an interim billing shall be submitted allowing for a 10% retainage; and s 2. The balance due shall be paid upon completion of the audit delivery of the audit reports, and submission of a statement for the service performed. IN WITNESS WHEREOF the parties have hereunto set their hand and a seals on the day and year first above written. CITY OF BROOKLYN CENTER 'Mayor Manager )'lben & Penttila. l,td.; CPAs -3 y Exhibit A CITY OF BROOKLYN CENTER General Fund Federal Revenue Sharing Fund Anti- Recession Fiscal Assistance Fund Open -space Acquisition Fund I Capital Projects Fund Municipal State Aid for Construction. Fund Park Bond Debt Service Fund Library Bond Debt Service Fund State Aid Street Bond Debt Service Fund Improvement and Building Bond Debt Service Fund Bond Fund No. 1 Special Assessment Fund 1955 A Special Assessment Fund 1956 AC Special Assessment Fund ' 1956 B Special Assessment Fund 1957 AB Special Assessment Fund t '1958 A Special Assessment Fund 1958 B Special Assessment- Fund 1959 AB Special Assessment Fund t 1960 AB Special Assessment Fund 1961 AB Special Assessment Fund 1963 Special Assessment Fund f 1965. Special Assessment Fund 1966 Special Assessment Fund 1969 Special Assessment Fund 1970 Special Assessment Fund 1973 Special Assessment Fund 1976 Special Assessment Fund 1977 Special Assessment Fund Municipal Liquor Fund Public Utilities Fund <` Fire Department Relief Association Fund Public Employees Retirement Association Fund Housing and Redevelopment Authority Fund Agency r -4_.. Exhibit A CITY OF BROOKLYN CENTER Cont c Police Pension Fund Investment Trust Fund General Fixed Asset Group of Accounts General Long Term Debt and Interest Group of Accounts Any additional ; °unds established to account for operation in which the City is involved. k TO: Gerald G. Spl inter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 19, 1982 RE: Update on Water Supply Study During the past several 'months Black and Veatch, our consulting engineers, have conducted various tasks within their contract scope, and have submitted several preliminary technical memoranda for staff review and comment. Some of the most significant findings and conclusions contained in those memos include the following: Detailed chemical tests of our current water quality support our routine operational observations: i.e. calcium and magnesium concentrations are relatively high, indicating hard water; manganese concentrations are noted to exceed the recommended standards, but pose no significant human health risk; and, iron concentrations are near the recommended drinking water standard, but also do not pose a significant human health risk. Organic testing, with the use of sophisticated instruments and methods, have yielded no evidence of chemical..or biological contamination of our water supply. - Contacts have been made with the Minnesota Pollution Control Agency and the Minnesota Department of Health concerning possible ground- water contamination sites. While more than 110 such sites have been identified within the seven - county metropolitan area, our analysis to date indicates there is no known groundwater contam- ination source that will influence Brooklyn Center's water supply. - There are many cost advantages and operational advantages to continued development within the well field area in the north - easterly portion of the City. - Quantitative testing of this well field indicates "it is a very dependable source of water for the foreseeable future. Accordingly, staff and Black and Veatch recommend that our next well be constructed at "Site III" (see attached map) which is located about 400 feet easterly of Camden Avenue, at the north end of the tax- forfeited property which the City recently acquired. Attached hereto are copies of two letters from Black and Veatch dated October 20th and November 4th, respectively. The October 20th letter sets forth a project schedule designed to meet our objective of having one new well "on- line" by early June, 1983. To stay on schedule, Black and Veatch will have construction plans and specifications ready for approval by the City Council on December 5, 1982. Representatives of Black and Veatch will attend that Council meeting to present their plans and to answer any other questions the Council may have regarding the on -going water supply study. Respectful1 su mltted, SK:jn F Al UPTON AVE.N. ��` M •� % 1' rn ' O 2700 r M r THOMAS AVE N. + D SHERIDAN AVE N. ¢ 71 It t % •� Z m N ); to RUSSELL AVE.N n y `� F k ' 2500 { ^i v k k " 'O ► OUE N AVE. N. m c A mo o z y� �K k :0 k a n m �-0 r /k >n � PENN PENN AVE. N. a' 0 A x 710 2300 . 0L1VER �� m / k N uooER AVE. N. `` NEw7ot� nv NEWTON AVE.N. 2100 i L MORGANI AVE I N.I MORGAN AVE. N. NI GAN ! Av E. I LOGAN AVE.N. 1900 S ? KNOX AVE 'Hf •. KNOX. AVE. N. n < 1800 JAMES AVE. N. m G o i n JAMES r n n S JAMES AVE. N. -,1 z 1 zo z ' 1700 > ? i m { RvING! a n' IRVING AVE. N. <. Z m n WOO 31 '^ z z < Z' m z m W , N AVE. N. - HUMBOLDT AVE.N- HUMBDLOT `+° I "r"r r 15300 W N ' I OI:N I I L 1GIRARD I ! AvE. N I 1 40 0 AVE. N. 1111 17= CD D C1 GIRARD AVE., N _ o 4 m y FREMoNr Ave. N. _ FREMONT AVE. N. O -, n 1300 Jam; h' j m I EMERSON AVE. N. m N EMERSON AVE. N. ' 1200 r m I Z AvE- i I ! L� 11L:J < 1 1 1 DUPONT T 1100 AVE. N. noo i=i �" 2 COLFAX AVE.N. OOLFAX oD Xm _� O o I 1000 o gym.. DI 0:0 co i _J Ap m 3 K X'O C �' I 2 AIDRICN.CT. Z Z �n m - 6RYANTI o m \ m 900 AVE N. - ,� �, ( � x i � - N y �ac ,/v �X� Xk m i r 1 �'v a kC v AIOaKN O ALDRICH AVE. N. ALDRICH / ��C\ x c ` ' /k m 800 ry :CAMDEN StVC CxkkX CAMDEN AVE.N.'' N; CAMDEN 700 AVE. -- .r -- - i I „{► -- •� v � 5TH ST. N. j I,H 5TH ST. N. ? ! W (ROAD TH 252 EST RIVER WEST RIVER ROAD 0 LL I (LYNDALE AVE NI ROADFI (T.H.252) LIOW ��I RIVERDAIE; RD. 1 RwenoALE DR DURHAM ISLAND ` (CITY OF BROOKLYN PARK.) 0 y m Q N — w 3 i -4 -r -+ -+ — o - _ z z z z � Z z — - z z z z-- z BLACK & V E A T C H TEL. ( 913) 967 -2000 CONSULTING ENGINEERS TELEx 42 -6263 1500 MEADOW LAKE PARKWAY MAILING ADDRESS: P.O. BOX NO. 8405 KANSAS CITY, MISSOURI - 64114 Brooklyn Center, Minnesota B &V Project 10405 Water Supply Study B &V File B October 20, 1982 Mr. Sy Knapp Director of Public Works - 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Knapp: The purpose of this letter is to update the progress on the Water Supply Study, and to summarize our findings thusfar. 1. Project Schedule Task 10 of our June 28, 1982 contract calls for design and construction of a new well by June 1983. To comply with this requirement, we have prepared the following design and construction schedule: • Commence design, and preparation of drawings and specifications for the new well October 15, 1982 0 Complete Tasks 1 through 8 and prepare Interim Report, Task 9 November 1, 1982 • Well design memorandum to the City and State Board of Health for review November 8, 1982 • Drawings and Specifications to the City for Review November 22, 1982 • Drawings and Specifications to the State Board of Health for review November 29, 1982 Advertise for bids December 6, 1982 • Open bids January 10, 1983 • Complete Tasks 11 through 15 and prepare Final Report, Task 16 January 31, 1983 r ' BLACK & VEATCH Mr. Sy Knapp 2 October 20, 1982 . • Project construction substantial completion (1) June 6, 1983 • Project construction final completion July 8, 1983< (1) Substantial completion means the new well (and chemical feed facilities) will be capable of delivering water to the existing system at the desired capacity and discharge head Tasks 1 through 9 are being completed in association with our hydrogeologic subconsultant, E. A. Hickok and Associates (EAH). Presently, technical memorandum for Tasks 1 2,'6, and 7 have been completed and are being evaluated. Copies of the technical memorandum are enclosed for your reference and files. The investigations and technical memorandum for Tasks 3, 4, and 5 are nearing completion and will be forwarded to you in the near future'. To maintain the project on schedule and to achieve the required well construction completion date initial well design activities have commenced in advance of completion of the Interim Report. 2. Future Water Use We have reviewed the additional land develop- ment projections and associated data provided to us by your staff. This data indicates commercial - industrial development within the City may increase faster than residential development. An increase in commercial- industrial development could impact water use pro - jections by changing the percentage contribution of residential and non- residential demands. Also, because commercial- industrial demands generally represent base loads with a small peaking factor, an increase in commercial - industrial development tends to reduce the ratio of both maximum day to annual average day and maximum hour to maximum day demand. The magnitude of this reduction varies depending upon the industry. The combination of the above factors will be somewhat offsetting. We have analysed the additional data and have determined that the short - term (1985) demands presented in our August 27, 1982 letter remain valid. However, increas,ing.commercial- industrial develop- ment could impact the ultimate demands presented in our 1980 Report. Commercial- industrial development., maximum day and maximum hour demands - should continue to be monitored and ultimate demands adjusted as is appropriate. 3. Short Term (1985) Water Supply Needs From the attached EAH technical memorandum BC -2 for Task 2 - Quantitative Testing, Table 2, the total capacity of the existing wells is 14.20 mgd. The firm capacity of existing wells is 11.82 mgd. To provide reliable service, the water supply system should be capable of • BLACK & VEATCH Mr. Sy Knapp 3 October 20, 1982 satisfying maximum day demands entirely from firm well capacity, and maximum hour demands from a combination of contributions from storage and firm well'capacity. Our August 27, 1982 letter projected short term (1985) annual average day (3.80 mgd), maximum day (12.20 mgd), and maximum hour (24.40 mgd) demands. We note the following: s To satisfy 1985 maximum day demands from firm capacity, additional well capacity of 0.38 mgd is needed. If well No. 2 is reserved for emergency use only, additional well capacity of 2.01 mgd is needed. • To satisfy maximum hour demands from firm capacity and a 6.5 mgd contribution from existing elevated storage, additional capacity of 6.08 mgd is needed. If well No. 2 is reserved for emergency use only, the required additional capacity would be 7.71 mgd. The results of the work completed thusfar indicate that. favorable sites for several new wells exist on City -owned property.. Each new well is estimated to be capable of producing 2.30 mgd (1600 gpm) The addition of one new 2.3 mgd well will increase the firm capacity of the well field to 12.49 mgd excluding well No. 2 or 14.12 mgd with well No. 2 included, and will satisfy projected 1985 maximum day demands. However, a single new well in conjunction with existing well and storage facilities will not satisfy 1985 maximum hour demands. Including the 6.5 mgd contribution from existing elevated storage, a second and third new 2.3 mgd well would be required to satisfy maximum hour demands, and would increase the combined firm capacity of the well and storage facilities to 25.22 mgd. As an alternative, the additional capacity to satisfy maximum hour demands could be provided from new elevated storage, from new ground storage with booster pumping, or from a combi- nation of these alternatives and new wells. Based on our investigations thusfar, one new well will be required to satisfy 1985 maximum day demands. Additional wells may be needed to satisfy maximum hour demands. We are continuing to study the available alternatives. Our findings and recommendations will be presented as part.of the Interim Report. 4. Alternative Well Sites The enclosed October 8, 1982 EAH letter with attachments summarizes the results of the investi- gation to identify viable alternative well sites on City -owned property. It should be noted that in addition to the proposed . sites, numerous alternative sites not specifically discussed in the October 8 letter were reviewed and rejected. Of parti- cular interest to the City is the proposed site adjacent to the existing shelter building in Evergreen Park. This site was analysed and found to be unacceptable because of the substantial interference drawdown a new well at this site would induce at existing wells No. 4, 5, 7, and 8. BLACK 4 VEATCH Mr. Sy Knapp 4 October 20, 1982 i Five alternative sites have been identified as acceptable locations for the new well and are shown on the map attached to the October 8 letter. Please note the following: • Sites I and II. Alternative sites I and II are both located adjacent to large, existing mains with direct, short access to an existing street. These factors would minimize the cost for a connecting main and access road. Alternative sites I and II are located remote from the existing wells. The significant separation between the new and existing wells would reduce interference draw down, but would make a well at either site difficult to incorporate into the supply .for a possible future water treatment plant in the northeast part of the City. On this basis, a new well at either alternative sites I or II is not recommended at this time. • Site V. Alternative site V is located east of U.S Highway_ c�69- Access to alternative site V is presently adequate. However, after completion of expansion of U.S. Highway 1 in the future, increased traffic will make access to this site more difficult. Also, the existing mains in this area are small and not suitable for incorporating a new well into the existing system. A new main would be necessary from the well site across U.S. Highway�69`'to the existing 24 inch main near existing well No. "The new main for alternative site V would be longer and more expensive than for any of the other alternative sites.` Alternative site V is located in the vicinity of the existing wells, and with construction of the new main could serve as a supply to a possible future water treat- ment plant. However, because of the inconvenient access and long connecting main, a new well at alternative site V is not recommended at this time. Site III and IV. Alternative sites III and IV are both located west of U.S. Highway ..169 - in the area of the existing wells. Construction - of the new well at either alternative site III or IV would be consistent with past well siting criteria designed to facilitate supply to a future water treatment plant in -the northeast part of the City. The required access road and distribution main for alternative site III would be longer and more expensive than for alternative site IV. Another factor to be considered is total pumping costs. Tables 2-and 3 attached to the October 8 letter show that the expected total draw - down'and total interference drawdown at alternative sites III and IV will be approximately equal. Our analysis shows that the differential pumping costs associate with a new well at either.alternative site III or IV'is negligable and may be omitted from the comparative analysis of alternative well sites. BLACK & VEATCH Mr. Sy Knapp 5 October 20, 1982 A tabulation of the estimated differential construction costs associated with a new well at either alternative site III or IV is shown below: DIFFERENTIAL CONSTRUCTION COSTS ($) ITEM SITE III SITE IV Distribution Main $26,400 $22,000 Access Drive 16,700 3,400 $43,100 $25,400 Upon consideration of all factors it is recommended the new well be constructed at alternative site IV. An itemized estimate of construction cost for the new well at alternative site IV will be prepared in conjunction with well design activities. Work on the Water Supply Study is proceeding including completion of the Interim Report and design of a new well at alternative site IV. Your review and comments are requested. If there are any questions, please do not hesitate to contact us. Very truly yours, BLACK & VEATCH Steven N. Foellmi , las cc: Mr. Craig Hoffman BLACK & VEAT-CH TEL. ( 913) 967 -2000 CONSULTING ENGINEERS TELEx 42.6263 1500 MEADOW LAKE PARKWAY MAILING AOORESS: P.O. BOX NO. 0405 - KANSAS CITY. MISSOURI 64114 Brooklyn Center, Minnesota B &V Project 10405 Water Supply Study B &V File B November 4, 1982 Mr. Sy Knapp Director of Public Works 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Sy: This letter is in response to our telephone conversation of November 1, 1982, and your questions regarding the findings in our October 20, 1982 progress update on the Water Supply Study. 1. Aquifer Evaluation and Selection The scope of our present contract is structured to provide a two phased evaluation of the Brooklyn Center water supply. The initial phase includes an investigation of the existing facilities, short term water supply demands, preparation of an interim report, and design of a single new Jordan well. The second phase consists of further analysis including an evaluation of the long term factors affecting the City's water supply, an evaluation of alternative aquifers, and preparation of a final report. Although our normal practice would be to complete all study work before proceeding with design activities, the Water Supply Study was structured in this manner to allow the design and construction of the single new well needed for the short term to be expedited and completed by June 1983 as desired by the City. Our experience has shown that the Jordan aquifer generally represents the most cost- effective water source in the Brooklyn Center area. We were confident that at least one acceptable Jordan well site could be located on City -owned property. Our October 20 study update was intended to summarize the work completed to date and to provide a basis for the interim report. To resolve your questions regarding the selection of the Jordan aquifer for the new well, we have proceeded with our analysis of the available aquifers_in the Brooklyn Center area. Two major aquifers are potential water sources to the City. They are the Prairie du Chien - Jordan and the Mt. .Hinkley. The following factors may influence aquifer selection: y BLACK & V E A T C H Mr. Sy Knapp 2 November 4, 1982 a. Water Quality. The water quality of both the Jordan and Hinkley aquifers are similar, and consequently would not influence aquifer selection (assuming ground water contam- ination is not a factor'as is now the case). b. Well Capacity The Jordan aquifer has Iiis'torically delivered wells of higher specific capacity than the Hinkley.aquifer. A single, new Jordan well in Brooklyn Center would be expected to produce approximately 1600 gpm. A single, new Hinkley well would be expected to produce approximately 800 gpm. To deliver the additional 1400 gpm (2.01 mgd) recommended in our October 20 letter, either one Jordan or two Hinkley wells would be required. Selection of the Hinkley aquifer would result in twice as many wells with an associated increase in capital, and operation and maintenance costs. C. Aquifer Location The Hinkley aquifer is situated below the Jordan aquifer. The top of the Hinkley aquifer -is approximately 300 feet below the bottom of the Jordan •aquifer. As a result; not only would twice as many Hinkley wells be required as discussed in item b, but also well construction costs associated with the Hinkley aquifer would be substantially greater than for the Jordan aquifer. d. Interference Drawdown on Existing Wells Because the City currently has no Hinkley wells, construction of a new Hinkley well would have no direct interference drawdown on existing wells. Some induced leakage between aquifers may occur at the well sites. A new Jordan well would produce some interference drawdown on the'existing wells. The impact of a new Jordan well would be minimized through proper spacing with existing facilities. e. Pumping Costs In the Brooklyn Center area, the static water surface in the Hinkley aquifer is approximately 115 feet lower than the static water surface in the Jordan aquifer. We have evaluated this factor in con junction with the affect of reduced interference drawdown on-existing wells. We estimate the pumping costs asso- ciated with two new Hinkley wells would be approximately e re than r ondin single 6 per ar mo a for the corresponding g � F Y Jordan well of similar capacity. P Y Development of the Hinkley aquifer cannot be justified at.this time. The depth necessary to reach the Hinkley aquifer and the .lower well yield would result in construction costs more than double the costs for development of similar capacity in the Jordan aquifer. The Hinkley aquifer represents a significant source of water supply for the City which may be tapped if BLACK & V E A T C H Mr. Sy Knapp 3 November 4, 1982 needed in the future. For the present and the foreseeable future, the Jordan aquifer is the most cost - effective water source for the City of Brooklyn Center. 2. Alternative Well Sites a. Evergreen Park Site (Existin Sh elter Building) Your observation that the physical separation of the shelter building site in Evergreen Park from the existing wells appears to be equal to or greater than the physical separa- tion between the recommended well site (alternative site IV) and the existing .wells is correct for existing Well No. S. For the other existing wells, alternative site IV has greater - separation. Except for existing Well No. 8, the same is true for alternative site III. The major disadvantage associated with the shelter building site is its location within the center of six existing wells.. This central location causes the shelter building site to incur the greatest total inter- ference drawdown of all evaluated sites; and to produce the 'greatest total drawdown in the existing wells. All five' proposed well sites including recommended site.IV are outside the interior of the existing well grouping and consequently influence and are influenced.by.existing wells to a much lesser extent. As discussed in our October 20 letter and above, the shelter building site in Evergreen Park was evaluated and rejected - because of substantial drawdown impact and the corresponding increased pumping costs. Per your request, we have reviewed- the calculations that formed the basis for rejection of the shelter building site. They are correct. We estimate this increased drawdown would increase total pumping cost $2,000 per year above the pumping costs for a new well at the recommended site. In addition because of the significant drawdown impact, development of the shelter building site could reduce-the total number of new well.sites that would be-available on.City -owned property. b. Alternative Sites I II III IV V Our October 20 letter analyzed five alternative sites•for the new well all of which are on City -oumed property. Our analysis indicated that of these five, alternatives sites III and IV are the most desirable sites for initial development with site IV having a slight cost advantage. As you noted,.the.locatlon of site III near the back of the property will make -it Tess visible thereby reducing the impact on area development. Conversely, site IV is located.adjacent to 70th Avenue and would be highly visible. Tot, drawdown and total inter.- ference drawdoi,m associated with wells at both sites is O L A'C K& V E A T C N Mr. Sy Knapp 4 November 4, 1982 approximately equal so-that pumping costs would not be a factor. Alternative site V was considered less desirable than either alternative sites III or IV- because of the location east of U.S. Highway 169 and the long, new main that would be required to tie a well at alternative site V into the existing distribution system. We have reviewed the.distribution system improvements that would be .associated with a new well at alternative sites III, IV, and V. We have also considered a staged approach whereby the new main associated with a new well at either alternative site III or IV would be arranged and sized so that the new main for alternative site V could tie to it in the future. We note the following: o` Construction of a new well at alternative site III would require a new main which would connect to the existing 20 inch main located along Camden Avenue. After construction of the new well, the existing 20 inch main would be transmitting the discharge from two existing wells (No. 7 and 8) and the new well.for. a total flow of approximately 7.0 mgd. This is con - side red the maximum developable capacity of this existing line. The discharge from a well at alter - native site V could not be economically incorporated into this arrangement. o Construction of a new well at alternative site IV would require a new main which would connect to the existing 24 inch main located along 70th Avenue. The new main for a well at alternative site IV woulG be sized to facilitate the connection of a.well at alter- native site V in the future. Alternative sites III and IV remain the most desirable sites for initial well development. Neither site has a significant advantage over the other. Because of your.preference, we concur with the construction of the new well at alternative site III. Development of alternative site V would require a connection to the existing 24 inch main located along 70th Avenue. If _ alternative site IV is developed before alternative site-V, ` the length of main to add alternative site V to the system would be reduced. Also, it may be desirable to install an. encasement conduit across U.S.' Highway 169 before the highway expansion is completed to facilitate development of alternative • CLACK & V EATCN l Mr. 5y Knapp 5 November 4, 1982 site V in the future., The encasement conduit should probably be located in the area of 70th Avenue. We would be pleased' to assist you with this item. We hope the above comments clarifies our October 20 letter and answers your questions. If any additional data is required, please do not hesitate to contact us. Very truly yours, BLACK & VEATCH ?James L. Patton Is cc: Mr. Craig Hoffman 4 IP- MEMORANDUM TO: Gerald Splinter, City Manager FROM: James Lindsay, hief of Police Y. , DATE: November 17, 1982 SUBJECT: Closed Circuit Television System When the radio system upgrade proposal was originally submitted it included a proposal for a closed circuit TV system. However, subse- quent analysis indicated that there wouldn't be enough money to cover all of the expenses in the project, so the closed circuit TV system was pulled out of the overall project. Some unforeseen changes in the design of the Communications Room in the police department have made it necessary to consider the closed.. circuit system. When completed, the radio consoles in the Communi- cations Room will be positioned in such a way that the dispatchers will no longer be able to see or hear anyone at the front counter. Furthermore, the dispatchers will be isolated from the booking room and the rear exit of the police department to the point that monitor- ing over a closed circuit TV network will be necessary. The overall closed circuit television monitoring system would include a monitor for the front desk area, a monitor for the back door to the police department, and a monitor for the booking area in the police department_ A remote control tape recorder and sound system would augment the closed circuit monitors. The appropriation for the entire communications sytems upgrade is $225,000.00. As of October 31, 1982, the project has encumbered $210,863.00. This has left an unencumbered balance of $14,13 7.00. That amount should than c r d oul more t over the costs for a close circu it TV system. According to Ward Montgomery, an estimate of the total cost of the closed circuit system described above would be'approximately $10,000.00 This estimate does not account for the cost of stringing cable and wiring AC outlets at monitor locations. That work is.to be dote by City staff,. Because'a closed circuit television system will be needed, and because there are sufficient monies left over from the total appropriation to cover the costs for such a system, I am recommending that we purchase and install such a system as soon as possible. Licenses to be approved by the City Council on November 22, 1982: 1 MECHANICAL SYSTEM'S LICENSE Blaine Heating, Air Conditioning 13562 Central Avenue & Electric, Inc. Noel's Heating & Air Conditioning, 6900 75th Avenue N. i,' /� Inc. (!U z9,4"') Building official mod. CHRISTMAS TREE SALES LICENSE P.Q.T. Company 4007 58th Avenue N. C 2�/"04 tCE -L' City Clerk' NON- PERISHABLE VENDING MACHINE LICENSE Coca -Cola Bottling Midwest, Inc. 6836 Humboldt Avenue N. _ / Sanitarian c, LODGING ESTABLISHMENT LICENSE Brutger Co. /Thrifty -Scott Motel 6445 James Circle Riverside Motel 5608 Lyndale Avenue N. . j Sanitarian COMMERCIAL KENNEL LICENSE -7— Brookdale Pet Center 2229 Lema Drive ,O Sanitarian ? OFF -SALE NONINTOXICATING LIQUOR LICENSE 7- Eleven Food Stores 1500 69th Avenue N. t City Clerk' G CIGARETTE LICENSE Vicker's Minnesota Oil Company 6830 Brooklyn Blvd. Brookdale Ford, Inc. 2500 County Road 10 Twin City Novelty 5720 Mcrgan Avenue N. Coca Cola Bottling Midwest 6530 James Avenue N. K -Mart Corporation 3600 63rd Avenue N. 7- Eleven Food Stores 1500 69th Avenue N. Taco Towne Restaurant 6219 Brooklyn Blvd. Twin City Vending Co. 6100 Summit Drive Super America Stations, Inc. 1901 57th Avenue N. - Super America Stations, Inc. 6545 W. River Road ' Viking Pioneer 5925 Earle Brown Drive Marc's Big Boy 5440 Brooklyn Blvd. RENTAL DWELLING LICENSE City Clerk C Initial: Jill M /Eileen F. Sherritt 5235 -37 Drew Avenue N. Ronald L. Nyberg 5301 Dupont Avenue N. Michael J. Mobs -3825 France Place Randall D. /Jerry G. Tyson 5137 -39 France Ave. N. Frank & Diane Lachinski 5417 Fremont Ave. N. Renewal: W. E. Goins 5930 Zenith Avenue N. Leroy . Meyering 6400 Major Avenue N. Y 7 3 • Larry Fields 6618 Camden Drive r Edstrom Associates Twin Lake N. Apts. Edwin E. Kauffmann 5716 -5720 Logan Ave. N. - _ pD 1 Lut _ -- — - -- GaryeLyons Bruce 6807, n 9 Ave. N. Marvin C. Brieland 7229 Camden Avenue N. Gladys E. Perisian 3806 72nd Avenue N. Gary M. Olson 3715 69th Avenue N. Kenneth L. Bergstrom Hi Crest Ap t s. (1300,06,01,07 & 1121 67th Ave. N.) Director of Planning & Inspection AMUSEMENT DEVICE - OPERATOR T Wright's 5800 Shingle Crk. Pkwy.��-' Director of Planning & wP Inspection f L< Ofiief of Police GENERAL APPROVAL: Gerald G. ODlinter, City Clerk